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Can applicant be in UK while assigning COS?

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

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saravanadeepan
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Posts: 42
Joined: Thu Oct 18, 2018 8:58 pm
India

Can applicant be in UK while assigning COS?

Post by saravanadeepan » Mon Oct 22, 2018 1:46 pm

Hello Mates,

We are going through a tough situation here. If somebody can guide us, it would be great.
At the moment, Me (Husband) hold Tier 2 General visa sponsored by A rated company and Dependant(wife) is also working. Both are in UK.
As my sponsor may close the contract by December, we thought to search for new job with sponsorship. Fortunately, my wife office has accepted to sponsor her now and they have posted her job profile in portals to pass RLMT. So, if my wife is getting visa as main applicant, i can be her dependant and look for new job and she can continue where she was. That's overview of situation.

We are not sure about some points through the process
1. Where to apply visa for both of us? UK or India(HOME country)?
2. If from India, should main applicant resign the job and start with new offer letter?
3. While generating COS, can the applicant be in UK or should moved to India?
4. what documents needed while requesting COS?
5. what to do with current visa and COS?
6. what to do our jobs? should we resign?

Thanks everyone:-)

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Can applicant be in UK while assigning COS?

Post by CR001 » Mon Oct 22, 2018 1:52 pm

1. Wife from home country. You can switch within the UK to dependent visa as long as you still have a valid visa.

2. No need to resign, however she should not have been offered the job BEFORE the full RLMT was conducted. The sponsor must be able to prove she was not 'pre-selected' or that the RLMT was constructed in such a way as to exclude everyone else and tailored it specifically to your wife.

3. The RCoS has to go through the monthly allocation meeting on the 11th of whichever month. She can be in the UK at this point as it is separate to the visa process.

4. Her sponsor should know if they are an approved HO tier 2 sponsor. If they don't, suggest they very quickly read the Tier 2 Sponsorship guide.

5. If your wife gets a new visa, her current dependent visa will be cancelled. Same applies to you, your visa will be cancelled if you get a dependent visa.

6. See #2 above re wife. Whether you need to resign is wholly dependent on your circumstances with your employer.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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