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DCOS assign to brother

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

jay.ho
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DCOS assign to brother

Post by jay.ho » Sat Apr 13, 2024 11:36 pm

Hello I assign dcos to my brother and on sponsor note i mention that AO which is me is assigned DCOS to my brother is that gonna be any issue ,

Thanks in advance

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Casa
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Re: DCOS assign to brother

Post by Casa » Sun Apr 14, 2024 8:55 am

jay.ho wrote:
Sat Apr 13, 2024 11:36 pm
Hello I assign dcos to my brother and on sponsor note i mention that AO which is me is assigned DCOS to my brother is that gonna be any issue ,

Thanks in advance
Restrictions on who a CoS can be assigned to
S3.5. An SMS User must not assign a CoS to themselves, to their partner or to a
close relative of theirs. We will revoke your sponsor licence if we find out this
has happened.

S3.6. A partner or close relative means any of the following:
• a spouse or civil partner
• an unmarried or a same-sex partner
• a parent or step-parent
• a son or step-son
• a daughter or step-daughter
a brother, step-brother or half-brother
• a sister, step-sister or half-sister
• a nephew, niece, or cousin
• an aunt or uncle
• a father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law or
daughter-in-law

https://assets.publishing.service.gov.u ... 4-v1.0.pdf
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Sun Apr 14, 2024 10:22 am

Hi casa i am not the level 1 user who assign the cos to my brother the level 1 users is different and also i also mention that he is my brother on sponsor note.

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Casa
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Re: DCOS assign to brother

Post by Casa » Sun Apr 14, 2024 11:03 am

jay.ho wrote:
Sun Apr 14, 2024 10:22 am
Hi casa i am not the level 1 user who assign the cos to my brother the level 1 users is different and also i also mention that he is my brother on sponsor note.
Are you a level 2 user ?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

honey1234
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Re: DCOS assign to brother

Post by honey1234 » Sun Apr 14, 2024 12:07 pm

jay.ho wrote:
Sun Apr 14, 2024 10:22 am
Hi casa i am not the level 1 user who assign the cos to my brother the level 1 users is different and also i also mention that he is my brother on sponsor note.
If you are not level 1 or level 2 user than by rule your brother can be assigned a DCOS from your company, you only needed to add this information into sponsor notes which you had done.
However, this wont be an easy skilled worker visa for your brother.Do expect some extra documents, calls and/or compliance visit from home office. You will need to justify with proofs why only your brother could do this job. There will be some extra checks as well in the country he is residing.

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Frontier Mole
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Re: DCOS assign to brother

Post by Frontier Mole » Sun Apr 14, 2024 12:24 pm

What exact wording did you put on the sponsor note - that could be crucial in deciding whether the caseworker considers if it was you by default that issued the COS as opposed to the level 1. If you instructed the level 1 to issue the COS as you are their employer, that places a number of questions in the head of the caseworker.

It is always an awkward position employing relatives under the skilled worker route particularly if you are a small company.

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Sun Apr 14, 2024 10:31 pm

Casa wrote:
Sun Apr 14, 2024 11:03 am
jay.ho wrote:
Sun Apr 14, 2024 10:22 am
Hi casa i am not the level 1 user who assign the cos to my brother the level 1 users is different and also i also mention that he is my brother on sponsor note.
Are you a level 2 user ?
I am a level one user however i got one more level one user who assign the dsoc

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Sun Apr 14, 2024 10:34 pm

Frontier Mole wrote:
Sun Apr 14, 2024 12:24 pm
What exact wording did you put on the sponsor note - that could be crucial in deciding whether the caseworker considers if it was you by default that issued the COS as opposed to the level 1. If you instructed the level 1 to issue the COS as you are their employer, that places a number of questions in the head of the caseworker.

It is always an awkward position employing relatives under the skilled worker route particularly if you are a small company.
This is the wording i use in sponsor note

Please note that employment dates will be as follows: Start Date: 13.05.2024 End Date: 12.05.2027. Please note that Mr XYZ is the brother of the AO, Mr ABC . Mr ABC has posted job adverts in the UK, after considerable time he has not been successful to source from local. Mr ABC explained and persuaded to Mr XYZ to join his company as it is believed that he has good experience. This CoS is assigned 3541 under SOC2010, it is now 3551 under SOC2020.

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Sun Apr 14, 2024 10:48 pm

jay.ho wrote:
Sun Apr 14, 2024 10:34 pm
Frontier Mole wrote:
Sun Apr 14, 2024 12:24 pm
What exact wording did you put on the sponsor note - that could be crucial in deciding whether the caseworker considers if it was you by default that issued the COS as opposed to the level 1. If you instructed the level 1 to issue the COS as you are their employer, that places a number of questions in the head of the caseworker.

It is always an awkward position employing relatives under the skilled worker route particularly if you are a small company.
This is the wording i use in sponsor note

Please note that employment dates will be as follows: Start Date: 13.05.2024 End Date: 12.05.2027. Please note that Mr XYZ is the brother of the AO, Mr ABC . Mr ABC has posted job adverts in the UK, after considerable time he has not been successful to source from local. Mr ABC explained and persuaded to Mr XYZ to join his company as it is believed that he has good experience. This CoS is assigned 3541 under SOC2010, it is now 3551 under SOC2020.
It is a genuine job and 100% true job role

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Sun Apr 14, 2024 10:49 pm

jay.ho wrote:
Sun Apr 14, 2024 10:34 pm
Frontier Mole wrote:
Sun Apr 14, 2024 12:24 pm
What exact wording did you put on the sponsor note - that could be crucial in deciding whether the caseworker considers if it was you by default that issued the COS as opposed to the level 1. If you instructed the level 1 to issue the COS as you are their employer, that places a number of questions in the head of the caseworker.

It is always an awkward position employing relatives under the skilled worker route particularly if you are a small company.
This is the wording i use in sponsor note

Please note that employment dates will be as follows: Start Date: 13.05.2024 End Date: 12.05.2027. Please note that Mr XYZ is the brother of the AO, Mr ABC . Mr ABC has posted job adverts in the UK, after considerable time he has not been successful to source from local. Mr ABC explained and persuaded to Mr XYZ to join his company as it is believed that he has good experience. This CoS is assigned 3541 under SOC2010, it is now 3551 under SOC2020.

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Frontier Mole
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Re: DCOS assign to brother

Post by Frontier Mole » Sun Apr 14, 2024 10:57 pm

All looks fine, explained the situation clearly and stated unable to fill the role locally. The Home Office may ask for sight of the job adverts and perhaps more information on applications etc.
Has the company sponsored any other workers? If not then I am sure there will be more scrutiny of the role and how your brother fits into the role. I would not be surprised if he is interviewed at the visa application stage.

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Sun Apr 14, 2024 11:01 pm

Frontier Mole wrote:
Sun Apr 14, 2024 10:57 pm
All looks fine, explained the situation clearly and stated unable to fill the role locally. The Home Office may ask for sight of the job adverts and perhaps more information on applications etc.
Has the company sponsored any other workers? If not then I am sure there will be more scrutiny of the role and how your brother fits into the role. I would not be surprised if he is interviewed at the visa application stage.
No this is the first Dcos issue i know the risk is too high however we are 100% genuine ,

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Sun Apr 14, 2024 11:09 pm

Frontier Mole wrote:
Sun Apr 14, 2024 10:57 pm
All looks fine, explained the situation clearly and stated unable to fill the role locally. The Home Office may ask for sight of the job adverts and perhaps more information on applications etc.
Has the company sponsored any other workers? If not then I am sure there will be more scrutiny of the role and how your brother fits into the role. I would not be surprised if he is interviewed at the visa application stage.
Frontier Mole I know its hard to say anything in this stage however can you please tell me whats the chance on this application,

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Re: DCOS assign to brother

Post by Frontier Mole » Sun Apr 14, 2024 11:32 pm

Based on the information provided there is nothing to suggest your brother’s visa application will lead directly to a refusal. You have followed the correct procedure for issuing a COS, you have declared the relationship, you have attempted to recruit locally. All those are positives.
The assurance that the role is a genuine vacancy is not for me to consider, that is for the Home Office. There is always a huge degree of scepticism with relatives being employed on the skilled worker route.

Good luck and hope you have a successful outcome.

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Sun Apr 14, 2024 11:51 pm

Frontier Mole wrote:
Sun Apr 14, 2024 11:32 pm
Based on the information provided there is nothing to suggest your brother’s visa application will lead directly to a refusal. You have followed the correct procedure for issuing a COS, you have declared the relationship, you have attempted to recruit locally. All those are positives.
The assurance that the role is a genuine vacancy is not for me to consider, that is for the Home Office. There is always a huge degree of scepticism with relatives being employed on the skilled worker route.

Good luck and hope you have a successful outcome.
Thanks you soo much for your help and i will definitely update the outcome … finger crossed

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Re: DCOS assign to brother

Post by best4arslan » Sun Apr 21, 2024 9:10 pm

I am also in similar kind of situation, I want to sponsor my brother, the difference is I haven't assigned the DCos yet, and I am the Director and owner of the company but not the level 1 user, want to know what are the chances?

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Re: DCOS assign to brother

Post by jay.ho » Mon Apr 22, 2024 12:12 am

Same here i also did the same i am not sure the outcome however maybe someone here who can give a good advice what to do

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Mon Apr 22, 2024 12:16 am

Frontier Mole Is a good expert on skill worker visa I believe, and advise already however i want to know if anyone have experience to assign to family member


Please share if someone do

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Re: DCOS assign to brother

Post by Frontier Mole » Mon Apr 22, 2024 8:56 am

I have seen many close family members gain skilled worker visa. Stick absolutely to the rules, declare it on the SMS / COS note field and there is less of an issue.
The biggest problem is non declaration and the non-genuine vacancy scepticism.
The OP has followed the rules, the job looks very like it is a genuine vacancy so I am confident that the outcome is more than likely to be positive.

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Re: DCOS assign to brother

Post by best4arslan » Mon Apr 22, 2024 11:01 am

jay.ho wrote:
Mon Apr 22, 2024 12:12 am
Same here i also did the same i am not sure the outcome however maybe someone here who can give a good advice what to do
Did you put the application through for entry clearance?

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Mon Apr 22, 2024 11:18 am

best4arslan wrote:
Mon Apr 22, 2024 11:01 am
jay.ho wrote:
Mon Apr 22, 2024 12:12 am
Same here i also did the same i am not sure the outcome however maybe someone here who can give a good advice what to do
Did you put the application through for entry clearance?
Yes i did its going to submit his application next week

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Tue Apr 23, 2024 9:34 pm

jay.ho wrote:
Mon Apr 22, 2024 11:18 am
best4arslan wrote:
Mon Apr 22, 2024 11:01 am
jay.ho wrote:
Mon Apr 22, 2024 12:12 am
Same here i also did the same i am not sure the outcome however maybe someone here who can give a good advice what to do
Did you put the application through for entry clearance?
Yes i did its going to submit his application next week
Hi Frontier Mole going to submit the passport Wednesday and will definitely update the outcome, let’s fingers cross

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Thu Apr 25, 2024 2:31 pm

Hi Frontier Mole little update on sms system its says used and also status its states GRANTED,

Not sure what does it mean really, if anyone suggests there opinion it will be much appreciated

honey1234
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Re: DCOS assign to brother

Post by honey1234 » Thu Apr 25, 2024 2:36 pm

jay.ho wrote:
Thu Apr 25, 2024 2:31 pm
Hi Frontier Mole little update on sms system its says used and also status its states GRANTED,

Not sure what does it mean really, if anyone suggests there opinion it will be much appreciated
CoS has been used/validated and linked with your brother application now, So first part of your application is done i.e. CoS , SOC points etc. Now they will look for other things.

Good Luck

jay.ho
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Re: DCOS assign to brother

Post by jay.ho » Thu Apr 25, 2024 2:41 pm

honey1234 wrote:
Thu Apr 25, 2024 2:36 pm
jay.ho wrote:
Thu Apr 25, 2024 2:31 pm
Hi Frontier Mole little update on sms system its says used and also status its states GRANTED,

Not sure what does it mean really, if anyone suggests there opinion it will be much appreciated
CoS has been used/validated and linked with your brother application now, So first part of your application is done i.e. CoS , SOC points etc. Now they will look for other things.

Good Luck
What does GRANTED MEAN ?

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