Student COS Related Concerns -Help!

Hi,

Please I need a bit of guidance on my situation, I have got a COS that expires in November and I currently work with the company for 20hrs/week because I was about to complete my studies. I complete my studies by the end of the month and my CAS letter confirms the course end date is the 31st of October. The company has said my contract will be changed to 40 hours as soon as I am done with my studies. So my concern surrounds the restrictions that came into effect on the 17th of July for switching to work routes and what I have on my COS with regards to the guidance that stated satisfying one of the conditions (SW1.5A /SW26.4A) referenced after my questions.

• My COS was issued in August and it had a work start date in August 2023 to move on to 40 hours, but was still working 20 hours because was studying. So do I request my employer to amend this work start date through the sponsor note to a future date after my CAS letter study end date satisfying Condition(b) of SW1.5A/ SW26.4A.



• Or does this not apply provided am applying to switch in November after the study end date on my CAS letter satisfying Condition(a) SW1.5A / SW26.4A because I plan to apply after the 31st of October and before the expiry of my COS license later in November.



• Can I also switch to 40hrs after the end of my study or will I need the visa to be issued by HO before working full time with my employer?



1. SW 1.5A.



An applicant who is applying for permission to stay and has, or last had, permission as a Student, must fulfil one of the Conditions A, B or C below on the date of application:



(a) Condition A:

the applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or

(b) Condition B:

(i) the applicant must be studying a full-time course of study at degree level or above with a higher education provider which has a track record of compliance; and

(ii) the Certificate of Sponsorship in SW 1.2(d) must have a start date no earlier than the course completion date; or

(c) Condition C:

(i) the applicant must be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance; and

(ii) the Certificate of Sponsorship in SW 1.2(d) must have a start date no earlier than 24 months after the start date of that course.



2. SW 26.4A.

An applicant who is applying for permission to stay and has, or last had, permission as a Student, must fulfil one of the Conditions A or B below on the date of application:

(a) Condition A: the applicant must have completed the course of study for which the Confirmation of Acceptance for Studies was assigned (or a course to which ST 27.3 of Appendix Student applies); or



(b) Condition B: the applicant must:

(i) be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance; and

(ii) have completed at least 24 months of study on that course.





Kind Regards

Mina

@MINAthomas, can you not post the same message in different threads? One is enough.

These are questions for the employer. I am not clear why you are crowdsourcing advice from the general public not from your visa sponsor.

It is the sponsor employer who ascertains whether they can issued a CoS to sponsored for a Skilled worker and, if so, when the sponsored worker can apply. They also monitor the legal working of employees on other visas, including you while someone is on a Student visa with a pending Skilled worker application.

You appear to think that they hand out the CoS and then leave it to the applicant to decide whether to apply, whether they can even apply, and on what basis they can start work. That is not how it works, and will be interesting news to the HR department.