Unrestricted CoS - Apply from outside UK

[chandru85]

Hi all,

I am Currently based out of India and I got selected for a Digital Shortage Occupation - SOC -2133 - IT Specialist Manager role with a UK company . I have now got a Job offer and a Unrestricted CoS issued by the company.

Can i apply for a Tier 2 General Visa from outside the Uk with this unrestricted cos on a shortage occupation .

Please help with your views.
.

[CR001]

Applications outside the UK are usually Restricted CoS as far as I understand.

What is your job title?

Did you apply for the job or were you contacted out of the blue?

What salary is being offered?

SOC 2133 is both a Shortage occupation on Appendix K and is also a non-shortage occupation on Appendix J.

Appendix K Shortage Occupation (click to read)

2133 IT specialist managers
Only the following job in this occupation code:

IT product manager employed by a qualifying company, where the job requires a person with a minimum of five years’ relevant experience and demonstrable experience of having led a team.

Is your potential sponsor a 'qualifying company'???

4. In this Appendix “qualifying company” means a company which:

(a) has obtained permission from the Home Office to issue a Certificate of Sponsorship in respect of the relevant job on the basis that the job is included on the Shortage Occupation List and the company:
(i) is licensed as a sponsor for the purposes of Tier 2 of the Points Based System,
(ii) at the time of obtaining such permission, employs between 20 and 250 employees (inclusive), or employs fewer than 20 employees and has provided a letter from the Department for International Trade, confirming that the Department has been working with the company and supports the application in relation to its trade or investment activity,
(iii) is not more than 25% owned by a company which has one or more other establishments in the UK and one of those establishments employs more than 250 employees; and
(iv) has not been established in the UK for the purpose of supplying services exclusively to a single company or company group in the UK; and
(b) will have no more than ten Tier 2 (General) Migrants working for it at any one time in jobs to which the requirement to be employed by a qualified company applies, if all Certificates of Sponsorship in respect of such jobs lead to a grant of leave as a Tier 2 (General) Migrant.

Appendix J - Non Shortage Occupation (click to read)

2133 IT specialist managers
Example job tasks
• plans, coordinates and manages the organisation’s IT provision or a specialist area of IT activity;
• liaises with users, senior staff and internal/external clients to clarify IT requirements and development needs;
• takes responsibility for managing the development of a specialist aspect of IT provision such as user support, network operations, service delivery or quality control;
• supervises the technical team and coordinates training;
• plans and monitors work and maintenance schedules to ensure agreed service levels are achieved;
• reports on IT activities to senior management.

Related job titles:
• Data centre manager
• IT manager
• IT support manager
• Network operations manager (computer services)
• Service delivery manager

Salary rates:
New entrant: £27,400

[Source: Annual Survey of Hours and Earnings 2016]

Experienced worker: £41,400

[chandru85]

Hi CR001 - Thanks for the response .
I have around 12 years of Overall Tech experience in the IT sector and this is a genuine job which i had applied with a tech startup based out of bristol . I had to go through 5 rounds of interview to get this offer and i have more than 5 + years managerial experience which qualifies me for SOC 2133.

Role as per Offer : Solution Architect Specialist IT Manager

Salary Offered : as per industry standard

SOC 2133 . I find it in both Appendix J and K as shortage occupation where Appendix J states that it is RFQ 6 . So please do let me know what exactly is missing here .

Unrestricted CoS issued by the company but with category as " Tier 2 - General - Change of Employment - ISC liable" , but can i go ahead and use this CoS and apply for Tier 2 General Visa from outside the uk ?

Is there way i can get this clarified with Home office ? please help to clarify .

[CR001]

I have around 12 years of Overall Tech experience in the IT sector and this is a genuine job which i had applied with a tech startup based out of bristol . I had to go through 5 rounds of interview to get this offer and i have more than 5 + years managerial experience which qualifies me for SOC 2133.

Role as per Offer : Solution Architect Specialist IT Manager

Salary Offered : as per industry standard

SOC 2133 . I find it in both Appendix J and K as shortage occupation where Appendix J states that it is RFQ 6 . So please do let me know what exactly is missing here .

Is the company a 'qualifying company' as I have quoted in my previous post?

Unrestricted CoS issued by the company but with category as " Tier 2 - General - Change of Employment - ISC liable" , but can i go ahead and use this CoS and apply for Tier 2 General Visa from outside the uk ?

You are NOT applying for a tier 2 change of employment if you are OUTSIDE the UK as you have stated in your first post. That is only for tier 2 migrants within the UK to change employer. You would be a new hire, Restricted CoS.

Is there way i can get this clarified with Home office ? please help to clarify .

Your potential sponsor should clarify this for you or contact the sponsor support department at HO directly. The call centre likely won't be able to offer advice.

[chandru85]

Hi CR001 - Thanks for the response . Sorry I missed to answer the question on qualifying company .

Yes , the Company is a Tech Startup and is a A rated Sponsor .

I have been reading the forums across the web , and some of them states that Unrestricted Cos can be used to hire a worker on shortage occupation , but there is no specifics on whether in-Country or Out of Country hire . Can you please clarify if Out of Country hire with a candidate applying from outside the UK is possible with a Unrestricted CoS.

Going with your answers , the company should ideally apply for a Restricted CoS for a Tier 2 - New Hire which will have to go for review with HO on 11th Oct. Is that correct ?

Kindly clarify .

[CR001]

Yes , the Company is a Tech Startup and is a A rated Sponsor .

Does your potential sponsor meet ALL the points for a 'qualifying company' to sponsor you on SOL.

4. In this Appendix “qualifying company” means a company which:

(a) has obtained permission from the Home Office to issue a Certificate of Sponsorship in respect of the relevant job on the basis that the job is included on the Shortage Occupation List and the company:
(i) is licensed as a sponsor for the purposes of Tier 2 of the Points Based System,
(ii) at the time of obtaining such permission, employs between 20 and 250 employees (inclusive), or employs fewer than 20 employees and has provided a letter from the Department for International Trade, confirming that the Department has been working with the company and supports the application in relation to its trade or investment activity,
(iii) is not more than 25% owned by a company which has one or more other establishments in the UK and one of those establishments employs more than 250 employees; and
(iv) has not been established in the UK for the purpose of supplying services exclusively to a single company or company group in the UK; and
(b) will have no more than ten Tier 2 (General) Migrants working for it at any one time in jobs to which the requirement to be employed by a qualified company applies, if all Certificates of Sponsorship in respect of such jobs lead to a grant of leave as a Tier 2 (General) Migrant.

[chandru85]

Hi CR001 - Thanks for the response .

Yes , i think the potential sponsor meet ALL the points for a 'qualifying company' to sponsor on SOL but i can get it clarified with the HR director .

Does this point make a difference ? kindly advise.

[pere0026]

Don't like to bring sad news but for the new hire from outside of UK U need RCoS + RLMT as UCoS only to be used when switching employer from inside the UK

[chandru85]

Hi Pere0026 - Thanks for the response .

I understand the difference now . I went through the Tier 2 guidance manual from UKIV website , and it says that if a job is in shortage occupation in my case SOC 2133 , then it can be exempted from RLMT.
Requesting your help to clarify one point raised by CR001 that SOC 2133 is both a Shortage occupation on Appendix K and is also a non-shortage occupation on Appendix J. I couldn't understand this point . Kindly let me know if you can clarify this point

So ideal situation is that the employer should apply for Restricted CoS + if exemption applies to RLMT for SoC 2133

Thanks

[chandru85]

CR001 & Pere0026 - Kindly advise on my previous query . Seeking your guidance to progress further .

[CR001]

To qualify for shortage occupation SOC 2133, your sponsor must be a qualifying company as stated and your job must be as listed in the SOC job details.

If none of the above apply, then it is a non shortage occcupation and for that you need RLMT and you must meet the minimum income of £30k per annum or as stated in the SOC, whichever is HIGHER.

For an application outside the UK, you need a Restricted CoS new hire and NOT a UCoS change of employment.

[chandru85]

Thanks CR001 for the advise , i am liasing with the HR team to check on these .