Worried about COS, help please.

[hsyasin]

Hi all,
I'm on PSW and my visa expires on 9Feb2011 and m on 21k at the moment and i work as a software developer so cant go for tier1, for this reason i asked my employer and he applied for a license and got an A-rated license. But 2weeks ago, when he tried to create a certificate of sponsorship for me, he couldnt go through and later we found out that limit of COS assigned was 0. And then, on the same online system where it said 0 limit, my employer put a request for 1 COS and submitted it.
But he didnt recieve anything for a week, so he called HO about this matter, and they told him that they are trying to throw everyone out and also they are not giving COS to anyone. Then my employer told them that, I am very important to his business and if I go then he'll be in a huge mess, then they gave him an option to fill in a manual application form and submit it just 60 days before my visa expiry date and then they MIGHT consider my case. Which is getting me quite worried as i read earlier posts that HO is not approving much if COS requests.
So, can anyone give me some guidance on how to fill the form and whether to show that I'm on PSW or should i pursuade my employer to give me a title from SOL to be on safe side. coz i've heard that HO is not approving most of PSW cases

[geriatrix]

Read Policy guidance for Tier 2 and Tier 5 sponsors carefully.


regards

[hsyasin]

In this point:

In order to qualify for consideration as an extension the CoS must be required for an existing migrant worker who is currently employed by the sponsor requesting the CoS and who currently has leave as a Work Permit holder or under Tier 2 (General). CoS requested for migrants with leave under Tier 1 or any other immigration category will not be considered as extensions for the purposes of this process. Requests for consideration for migrants in these other immigration categories will be considered as new hires.

I'm confused at "who currently has leave as a Work Permit holder or under Tier 2 (General)". As i'm on PSW and it is a work permit, will that be considered in this category?

[hsyasin]

sorry my bad, didnt read it full properly..
CoS requested for migrants with leave under Tier 1 or any other immigration category will not be considered as extensions for the purposes of this process.

[hsyasin]

Requests for consideration for migrants in these other immigration categories will be considered as new hires.

what do they mean by that, amean m on psw and i've worked here for more than an year. so does this means that my employer have to take a labour market test still?

[geriatrix]

The paragraph (36) is self-explanatory.

36. In order to qualify for consideration as an extension the CoS must be required for an existing migrant worker who is currently employed by the sponsor requesting the CoS and who currently has leave as a Work Permit holder or under Tier 2 (General). CoS requested for migrants with leave under Tier 1 or any other immigration category will not be considered as extensions for the purposes of this process. Requests for consideration for migrants in these other immigration categories will be considered as new hires.

Working in UK as a Tier 1 (PSW) migrant for more than a year doesn't suddenly make you a Tier 2 migrant wanting to extend his stay.

Extending stay in the UK by applicants switching to Tier 2 is different from extending stay in UK by applicants extending under Tier 2. In the former case, the policy guidance clearly states that such applicants will be considered as "new hires".


regards

[hsyasin]

Agreed, but in points calculator it says:

How do you want to claim points for sponsorship?
I'm switching from the post-study worker category and I have a valid certificate of sponsorship
OR
My sponsor has carried out a Resident Labour Market Test and I have a valid certificate of sponsorship
OR
I cannot claim points for sponsorship

So, i really dont see anywhere saying that even if ur on psw ur employer still needs to take labour market test.

[geriatrix]

When applying for CoS under exceptional consideration, RMLT is a mandatory requirement for non-shortage occupations.


regards

[geriatrix]

Agreed, but in points calculator it says:

How do you want to claim points for sponsorship?
I'm switching from the post-study worker category and I have a valid certificate of sponsorship
OR
My sponsor has carried out a Resident Labour Market Test and I have a valid certificate of sponsorship
OR
I cannot claim points for sponsorship

So, i really dont see anywhere saying that even if ur on psw ur employer still needs to take labour market test.

Do you know for sure if the PBS calculator takes into account the extraordinary measures UKBA has introduced to allocate additional CoS?

Come back to PBS calculator to answer this question when you have a decision on your CoS. It will be easier to answer then than it is now. Because at present, in absence of a CoS, the only option for you is the last one - "I cannot claim points for sponsorship".

It will be in your own interest if you focus, for the time being, on understanding the policy guidance rather than experimenting with the PBS calculator, given the constraints of interim limit and resulting effect on how CoS are being issued.


regards

[geriatrix]

13. Where an existing sponsor has a zero CoS allocation or requires additional CoS during the period of the interim limit, they can apply for exceptional consideration.

Exceptional Consideration
26. If a sponsor wants to assign a CoS to an existing or new migrant worker but does not have enough (or any) available on the Sponsor Management System, they can apply for additional CoS using the exceptional consideration process.

27. For a case to be considered for exceptional consideration, the following conditions must be satisfied:
• The sponsor must be A-rated on all their sponsor licenses on all tiers and categories at the point they submit the request; and
• The number of CoS requested must take into account any available CoS remaining in the sponsor’s existing allocation.
• For non-shortage occupations the sponsor must demonstrate they have already conducted a resident labour market test.

regards

[avjones]

£21k also sounds quite low - do you meet the salary requirement for your kind of job?

[hsyasin]

Salary requirement?
I thought the minimum salary requirement is only for shortage occupations, isnt it?

[hsyasin]

another thing, my employer is saying that he'll give me a raise around christmas to 24 or 25k.. will that do the job for an ok salary?
and can we put that new salary in while applying for a COS or do we have to put the salary I'm currently on?

[roadkill1979]

When applying for CoS under exceptional consideration, RMLT is a mandatory requirement for non-shortage occupations.


regards

I thought if you have worked for more than 6 months for the same company you are exempted from RMLT.

UPDATE:
1-Got refusal for Cos from November panel as salary ranking they offered Cos this time were min 32k.

[avjones]

As the UKBA guidance says:

In order to qualify for consideration as an 36. extension the CoS must be required for an existing migrant worker who is currently employed by the sponsor requesting the CoS and who currently has leave as a Work Permit holder or under Tier 2 (General). CoS requested for migrants with leave under Tier 1 or any other immigration category will not be considered as extensions for the purposes of this process. Requests for consideration for migrants in these other immigration categories will be considered as new hires.

When looking at issuing an exceptional circumstances COS, they start at £40k + jobs and work their way down.

As far as income is concerned, the pay must be appropriate for the job, to avoid undercutting the UK labour market. So you need to look up what catagory a job comes into, and see what the appropriate salary is.

I don't think you are paid quite enough at the moment - the closest match appears to be "Graduate developer", but I don't know exactly what your job is. GD has a minimum salary of £22,300 and is for people in the first 6 months of employment after an IT or related job.

[pamma4455]

Hi all,
I got an COS refusal by Nov panel reason was minimum salary I am working as a graduate developer for my employer more then 6 month. I consult with some solicitors as well it is very hard to get a SOC even if your salary is more then 32000k. I don't know much about it think of reapplying again..