Mistake within COS and running out of time

[jai23155]

Hi,
My brother is on Tier 2 General working as a Software Engineer (not in Shortage Occupation list) and his visa will be expiring on 26-12-15. While applying for new COS for extension his manager made a mistake by ticking the box for 'Position is in Shortage Occupation'. He did put in the SOC code which is in Shortage Occupation list but that's not the job he is doing although his SOC is same as that. Now they have withdrawn the COS but have 0 limit (it was 1 earlier). The company has applied to increase the limit to 1 but HO hasn't replied yet and I wont be surprised if they wont reply till next year. What do you suggest the best course of action for him?

[noajthan]

Hi,
My brother is on Tier 2 General working as a Software Engineer (not in Shortage Occupation list) and his visa will be expiring on 26-12-15. While applying for new COS for extension his manager made a mistake by ticking the box for 'Position is in Shortage Occupation'. He did put in the SOC code which is in Shortage Occupation list but that's not the job he is doing although his SOC is same as that. Now they have withdrawn the COS but have 0 limit (it was 1 earlier). The company has applied to increase the limit to 1 but HO hasn't replied yet and I wont be surprised if they wont reply till next year. What do you suggest the best course of action for him?

If visa expires on 26 then prepare for travel.

[geriatrix]

Hope that the CoS can be issued before 23-Jan-2016, as an out-of-time application can be made between 27-Dec-15 and 23-Jan-16.

[jai23155]

Sush,
Does it break his continuous residency for ILR?
Jai

[geriatrix]

Not if the out-of-time application is approved.