Process of TIER II visa application after getting COS

[anitasharmaprofile]

Hi ,
I have a spouse dependent visa (TIER II ICT dependent visa valid for another 1.5 year) and am working in UK as of now .
I am pretty new to this topic however with whatever I have learnt from reading the posts ,I have following understanding about getting TIER II general visa in UK :
1) need employer with license for giving TIER II general visa in UK.This can be verified from
https://www.gov.uk/government/uploads/s ... onsors.pdf
2) check if he has done RLMT
3) once above 2 are OK and he agrees to offer you a job and sends across Job offer along with COS number you can apply to Visa application from appropriate place.

Can someone please help me get answers to following queries :
1) How does one verify if the RLMT is done or not ? I am checking by seeing the date of advertisement on his own website and checking if 4 weeks have passed
2) How does one verify and ensure that the COS number is not already used or invalid or cases like that and that too well in time before applying for visa ?
I have read few cases here in this board about invalid COS or used COS which has blotted the visa application history of the applicant .
3) If in any case there is any problem due to which my visa application is rejected ,will there be any impact on my spouse's visa .I read that in one case spouse lost job since UKBA communicated to his company that due to false doc submission (used COS number) his spouse's visa is rejected .
4) what will be the process once COS is received ?
-- should one apply thro' solicitor to avoid failure or applying on our own is enough ?
-- is there some website wherein we can check and calculate our points ?
-- since I am on spouse dependent visa (TIER II ICT dependent visa ) can I apply while staying in UK or I need to go back to my country ?
-- If the answer is go back to my country does it mean I need to physically go back and stay there till visa application is decided upon or I can apply from my country and then do bio metric and come back and wait for decision (since I already have one valid visa )
-- If I can't finish process and come back till visa decision is done ,then what will happen to my current job ? Do I need to resign before applying for TIER II general or I can take leave and go ?
-- If assuming visa application is successful ,its ok to come back on new visa but what if its unsuccessful ?Will I still have my spouse dependent visa (TIER II ICT dependent visa ) after unsuccessful visa or I don't have that as well ?
-- what would be the impact if visa application is unsuccessful ?
-- would there be any cooling period ? or would there be any period I need to wait before applying for TIER II general after returning back to my country ?
-- Are there cases where the visa approving authorities give a chance to furnish missing details instead of straightway rejecting ?
-- When should I resign from my current job ? the reason is just having an unverified COS number seems to be too risky to put at stake everything .
-- How does one judge a legitimate sponsor ? a few hint from earlier threads is to see that they don't ask for any money like COS money or visa application money etc .
-- will the sponsor employer have any role in my application process or I have to manage it on my own entirely ?

[anitasharmaprofile]

I would request the ones having knowledge or exp to reply partially if not all the questions .
I know the list is exhaustive .Perhaps there are many who could benefit if we get replies to these questions .

[CR001]

Hi ,
I have a spouse dependent visa (TIER II ICT dependent visa valid for another 1.5 year) and am working in UK as of now .
I am pretty new to this topic however with whatever I have learnt from reading the posts ,I have following understanding about getting TIER II general visa in UK :
1) need employer with license for giving TIER II general visa in UK.This can be verified from
https://www.gov.uk/government/uploads/s ... onsors.pdf
2) check if he has done RLMT
3) once above 2 are OK and he agrees to offer you a job and sends across Job offer along with COS number you can apply to Visa application from appropriate place.

Can someone please help me get answers to following queries :
1) How does one verify if the RLMT is done or not ? I am checking by seeing the date of advertisement on his own website and checking if 4 weeks have passed You as the applicant don't have to do this. Your sponsor is responsible for it and HO will check it.

2) How does one verify and ensure that the COS number is not already used or invalid or cases like that and that too well in time before applying for visa ? Don't think you can.
I have read few cases here in this board about invalid COS or used COS which has blotted the visa application history of the applicant .

3) If in any case there is any problem due to which my visa application is rejected ,will there be any impact on my spouse's visa .I read that in one case spouse lost job since UKBA communicated to his company that due to false doc submission (used COS number) his spouse's visa is rejected . No impact on your spouse's visa

4) what will be the process once COS is received ?
-- should one apply thro' solicitor to avoid failure or applying on our own is enough ? You can do it yourself.
-- is there some website wherein we can check and calculate our points ?
-- since I am on spouse dependent visa (TIER II ICT dependent visa ) can I apply while staying in UK or I need to go back to my country ? Home country
-- If the answer is go back to my country does it mean I need to physically go back and stay there till visa application is decided upon or I can apply from my country and then do bio metric and come back and wait for decision (since I already have one valid visa ) How will you travel if you don't have your passport which you have to submit with your application?
-- If I can't finish process and come back till visa decision is done ,then what will happen to my current job ? Do I need to resign before applying for TIER II general or I can take leave and go ? Speak to your sponsor.

-- If assuming visa application is successful ,its ok to come back on new visa but what if its unsuccessful ?Will I still have my spouse dependent visa (TIER II ICT dependent visa ) after unsuccessful visa or I don't have that as well ? Your dependent visa will still be valid if Tier 1 G is refused.
-- what would be the impact if visa application is unsuccessful ? No impact.

-- would there be any cooling period ? or would there be any period I need to wait before applying for TIER II general after returning back to my country ? No.
-- Are there cases where the visa approving authorities give a chance to furnish missing details instead of straightway rejecting ? Not usually. It is the applicant responsibility to make sure they submit everything that is required.

-- When should I resign from my current job ? the reason is just having an unverified COS number seems to be too risky to put at stake everything . Is it your current employer who is sponsoring you?

-- How does one judge a legitimate sponsor ? a few hint from earlier threads is to see that they don't ask for any money like COS money or visa application money etc . An HO approved sponsor will be on the list of sponsors. If a sponsor asks for money to issue a CoS, they are not a real sponsor. If a sponsor says they can issue a CoS for a fee and that you must find your own contracts, then they are not a real sponsor. If a sponsor charges a fee AND says they will take a % of your salary as a fee/commission, then they are also not a real sponsor.
-- will the sponsor employer have any role in my application process or I have to manage it on my own entirely ?

[CR001]

I would request the ones having knowledge or exp to reply partially if not all the questions .
I know the list is exhaustive .Perhaps there are many who could benefit if we get replies to these questions .

It is rude to bump your post and demand a response after only 30 minutes, especially when you have typed all your questions in a single block of text which is very difficult to read

[anitasharmaprofile]

Many thanks for the reply CROO1 .
In fact I read my queries after posting and realized its probably too big chunk in one time.
That's the reason I posted asking to atleast reply partially .
Many thanks again .

[anitasharmaprofile]

If there is no way I can validate a COS number the only way I have to avoid such scam is to be careful of validating the employer ,is it so ? using the hints that you gave .

[CR001]

You will only know about the CoS once you have applied.

Is it your current employer who is going to sponsor you? Are they on the approved list of sponsors and do they have a sponsor licence?

[anitasharmaprofile]

Not my current employer .
I have been approached by consultant for job by employer who is having license for TIER II General .
I verified from the link I pasted above .On the employer website the ad was since 16/1.So RLMT seems to be ok
That's why am not sure how to handle resignation if selected .
I know its a bit too early to ask but given so many scams I heard of ,I thought better ask than repent.

[CR001]

What is the job for or the SoC code?

When you say 'consultant' what do you mean exactly?

Have you applied for the job?

Is the job advertised on the two required websites for a minimum of 28 days before you were offered (if you have been offered) the job?

[anitasharmaprofile]

no idea what is SOC code .The job is for software engineer .
Consultant is recruitment agency contacting me for the opportunity in a company .
He asked me whether I am fine with JD if so he can send my resume .
I check the employer sponsorship from the list alongwith JD and said yes .
The recruitment agency Consultant returned back after a couple of days mentioning the company is interested in my resume and gave me a test post which there will be f2f .
This is the same kinda process I went thro' for my current job so I thought it was OK

[CR001]

Seems legit. Give it a go and see what happens then, but you will need to apply and wait for new visa in home country.

[anitasharmaprofile]

so when should I resign after getting COS immediately.
Also I have a 3 months Notice period .Would that need something to mention in the COS.
I assume offer letter needs to have a note of the joining date after 3 months + time taken for VISA application decision .
Now here I am assuming I can't just take leave and come back upon decision and resign .Though sounds legal sounds immoral to me.Kind of my current employer should be aware of my plans of VISA status change .isn't it ?

[CR001]

CoS has nothing to do with your current employer notice period.

Suggest see if you get the job first and then ask these types of questions.

You only need to inform your employer if you get the visa, they do not have to be drip fed every step of what you do if you are changing jobs.

[anitasharmaprofile]

Thanks a lot for all the clarifications .

[anitasharmaprofile]

With an update I am returning with a question ,please help.
I have passed the test and have f2f after which I will get to know about result.
However my query is about COS validity and my Notice period (& effectively when should I resign)
I have read from below link that "Your certificate of sponsorship is valid for 3 months from the date it’s assigned to you."
https://www.gov.uk/tier-2-general/eligibility.

Assuming a cos is assigned ,I have to apply for VISA within 3 months which means I need to submit my passport & need to be in my Home country before 3 months but since my Notice period is 3 months ,I am not sure how to match up.
The only solution is to resign before COS is assigned .But in that case there is no surety in my hand that the employer will assign COS and that too when .
What can I do to ensure this ?
Also looks like I will need to ask my employer to put a joining date after 3-3.5 month .Is that something which is doable generally ?
I know there is a way of early relieving but since that not in my hand ,I am not counting on it .
Please advice .

[anitasharmaprofile]

Any advice please ?

[rai123in]

My wife is currently in UK on Tier 2 General dependent visa and now her employer is sponsoring her for tier 2 general visa. Some one told us about Certificate of sponsorship should be generated when the candidate is out of UK and Certificate of sponsorship should have your home country address details.

Please let me know whether COS is to be generated when candidate is out of UK?