New COS delay. Tier 2 expires soon PLEASE HELP

[kb1]

Hi Everyone,

I am new here and really need your help please. My current Tier 2 visa expires on the 13th of October and the COS from my new employer has taken too long and may or may not be issued before the expiry of my current Tier 2 visa. I was hoping that I can leave the UK and apply from outside the country but I just found out that there is a 12 months cooling-off period if you leave the country i.e. I will only be able to apply for a Tier 2 after 12 months from the expiry of my existing one. Has any one faced a similar issue? Is there any way around this? Please help.

Many thanks

[Haryho]

Hi,

I think you'll still have 28 days after your visa expires to leave the country, within which you still can apply for your visa. However, I'm not 100% sure as I read that in other posts in the forum.
Can please any expert confirm?

[iworker]

ask the employer to pay an extra £200 and get the cos quicker.
You could apply 14 days after your visa expires, and that over stay will be disregarded.
However, applying after your visa expires means u will not get appeal right if your visa is rejected.
you MUST apply within uk.. if you leave uk, 12 months cooling off time applies.

[xeeya2310]

Hi kb1,

I'm in a similar situation and I was wondering if your employer agreed to pay £200 priority service?

[kb1]

Many thanks for all your responses. I didn't know that there is a priority service I would have offered to pay for it. In any case, it is too late now even for the priority service as my visa expires this Friday.

For the 14 days option, I read that you will have to have a good reason for not submitting on time otherwise they will not accepted. Is this true? If not this could be a solution even if I will lose the right to appeal.

Is it an option to submit an application for another category say Tier 1 investor and then vary the application afterwards within a week before a decision is made once I receive my COS?

Many thanks for your advice.
kb1

[kb1]

ask the employer to pay an extra £200 and get the cos quicker.
You could apply 14 days after your visa expires, and that over stay will be disregarded.
However, applying after your visa expires means u will not get appeal right if your visa is rejected.
you MUST apply within uk.. if you leave uk, 12 months cooling off time applies.

Do I need a legitimate reason to justify why I couldn't apply before expiry date or is the 14 days an automatic right? Cheers

[iworker]

no reason required.
but like i said, it comes with a danger that u wont have appeal right if the visa is rejected

[CR001]

no reason required.
but like i said, it comes with a danger that u wont have appeal right if the visa is rejected

PBS migrants no longer have any appeal rights. Only AR option which is obviously if HO made an error. No Section 3C protection at all as well.

The OP really should apply before their leave expires.

[iworker]

no reason required.
but like i said, it comes with a danger that u wont have appeal right if the visa is rejected

PBS migrants no longer have any appeal rights. Only AR option which is obviously if HO made an error. No Section 3C protection at all as well.

The OP really should apply before their leave expires.

Thanks for correcting

[CR001]

no reason required.
but like i said, it comes with a danger that u wont have appeal right if the visa is rejected

PBS migrants no longer have any appeal rights. Only AR option which is obviously if HO made an error. No Section 3C protection at all as well.

The OP really should apply before their leave expires.

Thanks for correcting

See link below, came into effect in 2015.

https://www.freemovement.org.uk/full-im ... nto-force/

[kb1]

no reason required.
but like i said, it comes with a danger that u wont have appeal right if the visa is rejected

PBS migrants no longer have any appeal rights. Only AR option which is obviously if HO made an error. No Section 3C protection at all as well.

The OP really should apply before their leave expires.

Thanks for correcting

See link below, came into effect in 2015.

https://www.freemovement.org.uk/full-im ... nto-force/

Thank for this clarification. Can I apply within 14 days after expiry? Or will my application be rejected automatically?

[katanayi]

Apply premium service and get code immediately before Friday. if your company does not pay, then pay yourself, it is just 200£. You can still apply for the visa before it expires. you need to apply online before expiry date and it doesn't take much time( max 1 hour). Moreover, for documentation, you will have 14 days to post it so meantime you could prepare them.

[xeeya2310]

Apply premium service and get code immediately before Friday. if your company does not pay, then pay yourself, it is just 200£. You can still apply for the visa before it expires. you need to apply online before expiry date and it doesn't take much time( max 1 hour). Moreover, for documentation, you will have 14 days to post it so meantime you could prepare them.

Hi, can I apply for the premium service directly or do I need to get the employer to do it?

[CR001]

Apply premium service and get code immediately before Friday. if your company does not pay, then pay yourself, it is just 200£. You can still apply for the visa before it expires. you need to apply online before expiry date and it doesn't take much time( max 1 hour). Moreover, for documentation, you will have 14 days to post it so meantime you could prepare them.

Hi, can I apply for the premium service directly or do I need to get the employer to do it?

The APPLICANT applies at premium NOT the employer. You need to make your own appointment as part of the online application process.

[xeeya2310]

Apply premium service and get code immediately before Friday. if your company does not pay, then pay yourself, it is just 200£. You can still apply for the visa before it expires. you need to apply online before expiry date and it doesn't take much time( max 1 hour). Moreover, for documentation, you will have 14 days to post it so meantime you could prepare them.

Hi, can I apply for the premium service directly or do I need to get the employer to do it?

The APPLICANT applies at premium NOT the employer. You need to make your own appointment as part of the online application process.

Sorry I mean the priority service for allocation of UCoS. Can I apply for priority service or does the employer have to apply for it?

[CR001]

Apply premium service and get code immediately before Friday. if your company does not pay, then pay yourself, it is just 200£. You can still apply for the visa before it expires. you need to apply online before expiry date and it doesn't take much time( max 1 hour). Moreover, for documentation, you will have 14 days to post it so meantime you could prepare them.

Hi, can I apply for the premium service directly or do I need to get the employer to do it?

The APPLICANT applies at premium NOT the employer. You need to make your own appointment as part of the online application process.

Sorry I mean the priority service for allocation of UCoS. Can I apply for priority service or does the employer have to apply for it?

Usually the employer has to do that as far as I am aware. It will be more considerate if you started your own topic and asked your questions rather than tagging onto another members as it is unfair to the OP and creates confusion when members respond and questions keep being asked.

[kb1]

Apply premium service and get code immediately before Friday. if your company does not pay, then pay yourself, it is just 200£. You can still apply for the visa before it expires. you need to apply online before expiry date and it doesn't take much time( max 1 hour). Moreover, for documentation, you will have 14 days to post it so meantime you could prepare them.

The problem is that I need the COS to apply before Friday and I don't have the COS. I have all other documents ready. Is there a way I can apply without the COS number while awaiting it?

[katanayi]

Sorry i missed it. Actually, I said about premium service for COS. Your company can get COS number by premium service. They need fill all details and pay 200£. That it you get COS code. NHS usually does it but we have to pay.

[kb1]

Sorry i missed it. Actually, I said about premium service for COS. Your company can get COS number by premium service. They need fill all details and pay 200£. That it you get COS code. NHS usually does it but we have to pay.

Thanks for the suggestion. I will ask them and I will offer to pay for it but do you know how long does it take if they apply for premium service? They already applied, does that mean they will have to withdraw this one?

[katanayi]

You get immediately, within 10 min including filling application, they need your passport and old visa details.
Do not lose hope, try before friday evening/midnight.

[CR001]

The problem is that I need the COS to apply before Friday and I don't have the COS. I have all other documents ready. Is there a way I can apply without the COS number while awaiting it?

You will not be able to complete the online application if you do not enter the CoS details. So no, you cannot apply without it.

[kb1]

The problem is that I need the COS to apply before Friday and I don't have the COS. I have all other documents ready. Is there a way I can apply without the COS number while awaiting it?

You will not be able to complete the online application if you do not enter the CoS details. So no, you cannot apply without it.

I started an online application and it turned out I can submit an application without the CoS number. It asks if you have a COS number and if you answer no you are then asked to input your employer’s license number and all the details of the COS like job title, salary, length etc. I was then able to submit it and pay the fee etc. Furthermore, as the date of the application is the date the application is submitted online regardless whether you send your documents or you book a premium service, I was able to book an appointment for the 23rd of November. By then I will have everything in place.

Many thanks for everyone for their help, I will update this at a later stage.

Cheers

[kb1]

The problem is that I need the COS to apply before Friday and I don't have the COS. I have all other documents ready. Is there a way I can apply without the COS number while awaiting it?

You will not be able to complete the online application if you do not enter the CoS details. So no, you cannot apply without it.

I just received the COS from my new employer and it turned out that they have applied of restricted COS which I don’t think I can use in my case given that I am applying in country with a previous Tier 2 Visa! Will my application be refused? Any solutions please let me know. I just feel that I have been so unlucky throughout all of this! Thanks