Skilled Worker Visa - Applied using Undefined COS Instead of a Defined COS [NEED URGENT HELP]

[mo777123]

Chronology of my application:

Made my application from outside the UK using the Undefined CoS using (Priority Service 5-Working days) I had no idea what a defined/undefined CoS is. It doesnt say anywhere on the COS that it is UNDEFINED OR DEFINED.! My employer/HR was unaware of this mistake.

2 Jan 2024 - Submitted my passport/ biometrics at VAC

4 Jan 2024 - Received email saying that my application is not straightforward & is in consideration

4 Jan 2024- Employer gets email to Assign the ''applicant-(me)'' a Defined CoS and email the reference number of Defined CoS to Home Office visainfo.shefo@fcdo.gov.uk and worksponsoreddocumentrequests@homeoffice.gov.uk

The HR/Sponsor applied for Defined CoS and emailed the reference number to Home Office within an hour of this request.

Its 07 Feb 2024 today almost 23 Business days have passed and I haven't heard back from the Home Office, regarding my application.

What should be done in this case, My HR has done what Home Office asked for (which was to email just the reference number of new cos ). BUT the new DCOS is not approved yet and in the Sponsor Management System its status is Under Review, for almost 4 full weeks.
My job is in Health and Care but I'm not a care worker or Sr Care worker. What can be done to expedite the process of getting the DCOS quickly
Does my HR has to withdraw and replace the CoS?
As its not my mistake should I ask my employer to engage lawyers?

I'm very stressed out regarding this.
PLEASE, PLEASE PLEASE ADVICE !

Many Thanks

[meself2]

What can be done to expedite the process of getting the DCOS quickly

I don't think anything can be done. You may just have to wait.
See post2137889.html#p2137889

[CR001]

The HR/Sponsor applied for Defined CoS and emailed the reference number to Home Office within an hour of this request.

So they didn't have a CoS to assign and had to apply for a new one, correct? This can take many weeks. That is not the reference number UKVI was asking for. They want the CoS numer.

Its 07 Feb 2024 today almost 23 Business days have passed and I haven't heard back from the Home Office, regarding my application.

Until the employer is approved and given a DCoS, your application can't progress until they assign it to you.

What should be done in this case, My HR has done what Home Office asked for (which was to email just the reference number of new cos ). BUT the new DCOS is not approved yet and in the Sponsor Management System its status is Under Review, for almost 4 full weeks.

UKVI asked them to assign a CoS and send the CoS reference number. Not the reference number of their request for a new CoS.

My job is in Health and Care but I'm not a care worker or Sr Care worker.

What is your job exactly? The Health and Care industry is heavily under scrutiny by UKVI at the moment.

What can be done to expedite the process of getting the DCOS quickly

Your employer could try for priority and pay the fee but very slim chance of that tbh.

Does my HR has to withdraw and replace the CoS?

Do they not have a DCoS at all to assign?

As its not my mistake should I ask my employer to engage lawyers?

What do you think a lawyer will achieve??

[mo777123]

The HR/Sponsor applied for Defined CoS and emailed the reference number to Home Office within an hour of this request.

So they didn't have a CoS to assign and had to apply for a new one, correct? This can take many weeks. That is not the reference number UKVI was asking for. They want the CoS numer.

Yes, exactly!

Its 07 Feb 2024 today almost 23 Business days have passed and I haven't heard back from the Home Office, regarding my application.

Until the employer is approved and given a DCoS, your application can't progress until they assign it to you.

What should be done in this case, My HR has done what Home Office asked for (which was to email just the reference number of new cos ). BUT the new DCOS is not approved yet and in the Sponsor Management System its status is Under Review, for almost 4 full weeks.

UKVI asked them to assign a CoS and send the CoS reference number. Not the reference number of their request for a new CoS.

My job is in Health and Care but I'm not a care worker or Sr Care worker.

What is your job exactly? The Health and Care industry is heavily under scrutiny by UKVI at the moment.
[/quote] I’m a Pharmacist 2213 SOC Code

What can be done to expedite the process of getting the DCOS quickly

Your employer could try for priority and pay the fee but very slim chance of that tbh.
I heard there’s no priority service to get a Defined CoS

Does my HR has to withdraw and replace the CoS?

Do they not have a DCoS at all to assign?
[/quote] They definitely have it I guess. Bcos I’m their first Outside UK sponsored employee.

As its not my mistake should I ask my employer to engage lawyers?

What do you think a lawyer will achieve??

[/quote] May be they might have a few email addresses of HO to escalate the issue, I’m hesitant to seek their help give that it may result in the HO asking for any additional information or may create unnecessary delays and drama. You are right the lawyers are unnecessary.

[Frontier Mole]

Sorry to disappoint you - many of assumptions are away off track.
Sponsors do not gather DCOS without applying for them specifically. It is patently obvious your sponsor has no idea how to operate their license. The very fact they issued you an undefined COS demonstrates that.
The next point is they have had to apply for a DCOS - so they don’t have a DCOS in hand probably because they are not aware of the requirements. Not a surprise if you are their first sponsored migrant.
Until your sponsor is issued a DCOS - which could be days, weeks or months , you will just have to wait it out.
There is no guarantee the DCOS will be issued, particularly if your sponsor is not aware of the requirements needed to meet the SOC etc.
Hopefully it will get sorted in time. Good luck

[mo777123]

Thank you very much for your advice.
The employer used appropriate SOC codes, they are aware of the requirements. Yes, the HR made a blunder mistake.
I am asking for your advice on how to navigate through this problem.
Like what can also be done in this situation whilst waiting
The employer has spammed all the helpdesk and Home office emails, but not a single reply is received. I made a paid enquiry as well and was told that ''the application is in consideration and is actively being worked on''.

[meself2]

Like what can also be done in this situation whilst waiting

I'm doubtful anything can be done but waiting.
HO takes its time to do checks.

[Frontier Mole]

There is nothing to do other than wait.

[mo777123]

Just got the refusal letter, Informing you even before my employer lol.!

It says: I see no reason why you cannot reapply once you have received your
Defined Certificate of Sponsorship.
Application and Priority fees gone down the drain.

[Frontier Mole]

I hope your employer is paying for your application?

The other issue is that your prospective employer will now be on the Sponsor concern list for failing to meet their sponsor duties…

It could be a long wait for the DCOS.