Anamik wrote: ↑Mon Oct 16, 2017 9:55 pm
Hi, Currently I am on Tier 2 General (Extended: 15/01/2016, Valid until: 25/12/2018). My old employers Licence has revoked on 18/09/2017 so I am changing my Employer and so got new COS. I'm looking to do application by 1 day premium service.
In COS, new employer has written ISC (Immigration Skill Charge) Liable
Tier and Category: Tier 2 (General - Changes of Employment - ISC liable)
Q1) Is it correct option (ISC Liable)?
Q2) if not then what it should be ?
Q3) Do I need to get new COS with any new correct option?
Q4) If I goes with ISC Liable option then any risk of rejection?
Q5) I know I have 60 days period to change my employer otherwise it can affect my ILR so what will be your advice on current COS?
Q6) Any precautionary suggestion
Please guide me according to your best knowledge.
Many Thanks,
Anamik
- If you were initially sponsored for Tier2 visa before 6 April 2017, then your COS for extension would need to be ISC Exempt regardless you are extending visa with same or different sponsor within UK.
Please refer to the following guidance notes,
https://www.gov.uk/government/uploads/s ... 5-2017.pdf
Particular section from the guidance is as below (2nd point applies to you).
When you don’t have to pay
1.19 You do not need to pay the charge if you are sponsoring:
a worker who is applying for a visa (from outside the UK) for less than 6
months
a worker who was sponsored in Tier 2 before 6 April 2017 and is applying
from inside the UK to extend their Tier 2 stay with you or a different
sponsor
a Tier 2 (Intra-Company Transfer) Graduate Trainee
a Tier 4 student visa holder in the UK switching to a Tier 2 (General) visa
a worker to do a specified PhD level occupation listed in Table 1 of
Appendix J of the Immigration Rules
You do not have to pay the skills charge for the worker’s family members
(‘dependants’) who are not themselves migrant workers in the Tier 2 (General)
or (Intra-Company Transfer) routes.
- Your visa won't be rejected straightaway if mistake is made with selecting "ISC liable" and "ISC Exempt".
*If the COS is generated with ISC liable when it was supposed to be ISC exempt and sponsor paid the ISC charges, application won't be affected/refused. The ISC charges will be refunded back to sponsor.
*If the COS is generated with ISC Exempt when it was supposed to be ISC Liable, application won't be refused BUT will be DELAYED.
Home office will inform the sponsor to pay ISC charges within 10 days, if the charges were paid application will not be affected and go ahead. However if the payment was not made within 10 days of the formal letter, application will be refused.
Reference(
https://www.gov.uk/government/uploads/s ... 5-2017.pdf)
When you don’t have to pay
1.19 You do not need to pay the charge if you are sponsoring:
a worker who is applying for a visa (from outside the UK) for less than 6
months
a worker who was sponsored in Tier 2 before 6 April 2017 and is applying
from inside the UK to extend their Tier 2 stay with you or a different
sponsor
a Tier 2 (Intra-Company Transfer) Graduate Trainee
a Tier 4 student visa holder in the UK switching to a Tier 2 (General) visa
a worker to do a specified PhD level occupation listed in Table 1 of
Appendix J of the Immigration Rules
You do not have to pay the skills charge for the worker’s family members
(‘dependants’) who are not themselves migrant workers in the Tier 2 (General)
or (Intra-Company Transfer) routes.
I just had the same issue with my current extension. Sponsor issued COS as ISC Liable when it was supposed to be ISC Exempt, my application was approved without any issues. You don't need to create new COS letter with ISC liable or Exempt mistake on the application..
All the best
