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Unassigned and expired CoS

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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pb141087
Newly Registered
Posts: 1
Joined: Thu May 10, 2018 12:20 am
India

Unassigned and expired CoS

Post by pb141087 » Thu May 10, 2018 12:31 am

Hi,

I am working for a company as Tier2 dependent and my company is currently applying for Tier2 general for me. It is using a 3rd party for the application. They have started the RLMT in Aug 2017 and got the CoS in January but didnt not assign to me. As I am currently working in UK under Tier2, I had to travel to India for application. Once I reached India and got my TB test certificate, they informed me that my CoS got expired and that I’ll not be able to apply this time. They are starting the process for new CoS. Now I have the below questions

- Is this possible that they get the CoS but does not assign it to the applicant or assign it at a later point within validity period?
- Does the company get refund for the expired and unassigned CoS?


Any help on this will be highly appreciated. Thanks.

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: Unassigned and expired CoS

Post by Djsuccess » Thu May 10, 2018 1:09 am

pb141087 wrote:
Thu May 10, 2018 12:31 am
Hi,

I am working for a company as Tier2 dependent and my company is currently applying for Tier2 general for me. It is using a 3rd party for the application. They have started the RLMT in Aug 2017 and got the CoS in January but didnt not assign to me. As I am currently working in UK under Tier2, I had to travel to India for application. Once I reached India and got my TB test certificate, they informed me that my CoS got expired and that I’ll not be able to apply this time. They are starting the process for new CoS. Now I have the below questions

- Is this possible that they get the CoS but does not assign it to the applicant or assign it at a later point within validity period?
- Does the company get refund for the expired and unassigned CoS?


Any help on this will be highly appreciated. Thanks.

CoS are allocated annually and will expire usually in first week of April. Sponsors with allocated COS will be able to use their allocation whenever they are ready to sponsor a worker. Once the allocated cos is issued and assigned, the applicant must use it within 3 months. All unassigned COS will expire at the end of the tax year. Sponsors don't pay for allocation, they only pay for COS to be issued. I believe it's non refundable
If your new employer have their new year allocation, they will be able to request a new COS, which they can assign to you. I am not sure if the RLMT will still be valid
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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ashishkm
Member of Standing
Posts: 285
Joined: Thu Nov 30, 2017 3:28 pm
Mood:
India

Re: Unassigned and expired CoS

Post by ashishkm » Thu May 10, 2018 6:13 am

pb141087 wrote:
Thu May 10, 2018 12:31 am
Hi,

I am working for a company as Tier2 dependent and my company is currently applying for Tier2 general for me. It is using a 3rd party for the application. They have started the RLMT in Aug 2017 and got the CoS in January but didnt not assign to me. As I am currently working in UK under Tier2, I had to travel to India for application. Once I reached India and got my TB test certificate, they informed me that my CoS got expired and that I’ll not be able to apply this time. They are starting the process for new CoS. Now I have the below questions

- Is this possible that they get the CoS but does not assign it to the applicant or assign it at a later point within validity period?
- Does the company get refund for the expired and unassigned CoS?


Any help on this will be highly appreciated. Thanks.
A sponsor can hold on to CoS for up to 3 months once the CoS is allocated by HO. And he can assign it to an employee and it is valid for up to 3 months from the date of assignment. So logically your sponsor can help u/themselves to hold on to it for 3 +3 months (if managed well)

CoS application for sponsor wont cost much (perhaps 200GBP or less I guess), but at the time of assignment sponsor should pay ISC 3K or 5K GBP depending on 3 years of 5 years, and this is refundable to him, for any reason if you didnt use the CoS for a successful VISA application!

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