sponsor license round?

[boarder]

My employer are sponsoring me on Tier 2 General. It is a large company so is difficult to get the full picture, so I just want to make sure I don't just take their word for it and want to check some facts with you guys.

Basically, they were ready to go with issuing me a CoS, but now have said that the UK Home Office have a backlog with licenses. My employer are a registered (A rated) sponsor - do they really need to wait for a license renewal now? Is this because it is after the 6th April? They say that they can't issue me with a CoS until the end of May at the earliest because of this delay.

I just want to understand why they can't issue one right now - a few weeks ago I knew that they had several CoS's available to issue. My current visa (Tier 5) is due to expire in July so I want to organise this new visa ASAP. They said that as a worst case scenario they can apply for an emergency process and said that I won't be kicked out of the UK when my current visa expires because when a visa is pending, I am entitled to stay (is this even true for a YMS Visa?) But to apply for an emergency process - surely they need to have a current license to sponsor - so this doesn't add up to me.

Any input would be greatly appreciated!
cheers!

[madona587]

Every April your employer requests the "Annual allocations" of COS. Means they request for the number of COS they need for the next year. I assume they are run out of COS now. All they have to do now is to request an "Increase in COS allocation" This will take about 2-3 weeks standard time. If they have already requested the annual allocation they are simply waiting for UKBA to allocate them. My company requested the annual allocations in Feb 2012 and nothing is being allocated yet.

Your employer can request an "Increase in allocation" and email/call them and explain the urgency (Your visa expiry) and hope for the best. Once you get the COS they can assign it to you then you can make an application (Given you satisfy other requirements, salary, english, SOC etc) then you don't become an overstayer.

If your visa expires in July you got time. Don't panic. Make sure your salary, SOC and others are all taken care of so you can make an application as soon as you get the cos. (Assigning a COS is a 15 min Job)

[manci]

You are mixing up "licence" and "allocation". The system works like this:

Your employer, as you say, is a Tier 2 "A" rated sponsor. They have a sponsor licence which is valid for 4 years. It is unlikely that their sponsor licence needs renewal just yet.

However, In order to be able to assign CoSs they also need an annual allocation, i.e. they have to state and request the number of CoS they wish to assign during the year (April to Apil). All existing allocations are set to zero on 5 April , i.e. they cannot be carried over to the following year. UKBA write to all sponsors Jan-Feb time reminding them to request CoS allocations for the coming year.

I don't know what the situation is at your company but the fact that they had CoSs available to be assigned a few weeks ago is irrelevant as that was in the previous year (pre 6 April 2012).

The question you should ask is whether they a) requested and b) received their annual allocation of CoS yet? May be UKBA is late but in principle the CoS allocations for 2012/13 should have been available as of 6 April 2012.

[manci]

see this link which answers the question of delay:
http://www.relocatemagazine.com/immigra ... -says-ukba

[boarder]

thanks all.

I think what happened was they were too slow in processing a CoS before the 5th April, now it expired and they must be waiting for a new allocation. How long would this take?

Everything else (SOC code, RLMT is done, salary) is ready, but I have to return to my home country to apply (because I'm currently on a Tier 5 YMS) so this wait for a CoS is a pain! That's where the panic is from. if for some reason my Tier 2 application gets rejected, I would have had time to come back to UK, move out of my house etc and resign. But the closer to July it gets, the riskier it is if it is rejected I will be a bit screwed!

Will I be eligible to stay in the UK after my current visa expires in July if I am awaiting for a CoS to be issued?

ps for some reason the relocate magazine link isn't working.

[khans]

Every April your employer requests the "Annual allocations" of COS. Means they request for the number of COS they need for the next year. I assume they are run out of COS now. All they have to do now is to request an "Increase in COS allocation" This will take about 2-3 weeks standard time. If they have already requested the annual allocation they are simply waiting for UKBA to allocate them. My company requested the annual allocations in Feb 2012 and nothing is being allocated yet.

Your employer can request an "Increase in allocation" and email/call them and explain the urgency (Your visa expiry) and hope for the best. Once you get the COS they can assign it to you then you can make an application (Given you satisfy other requirements, salary, english, SOC etc) then you don't become an overstayer.

If your visa expires in July you got time. Don't panic. Make sure your salary, SOC and others are all taken care of so you can make an application as soon as you get the cos. (Assigning a COS is a 15 min Job)

Hi Madona,

My employer did not renew their allocation for the coming year before 6th of April. We had 1 unused licence which was removed from the Sponsorship Management System after 6th April. My HR has now applied for a new allocation for the coming year. Will it still be considered the same way as an application before 6th of April would have been? Once we receive the new allocation, could my HR simply issue me with a COS on her own without any interference from Home Office?


Cheers,
Khan.S

[timbob]

@manci
So how come this information is not available on the UKBA website? Just wondering. The link you posted above is an external link. My sponsor is also yet to receive their annual allocation.

[manci]

@manci
So how come this information is not available on the UKBA website? Just wondering. The link you posted above is an external link. My sponsor is also yet to receive their annual allocation.

Ask your sponsor to phone the employer helpline 0300 123 4699 for up to date information.

[khans]

@manci
So how come this information is not available on the UKBA website? Just wondering. The link you posted above is an external link. My sponsor is also yet to receive their annual allocation.

Ask your sponsor to phone the employer helpline 0300 123 4699 for up to date information.

Hi Mancy,

My tier 2 application was rejected in january and then i appealed and the appeal was dismissed last week. I have now applied for the permission to apply to the higher tribunal and in the mean time will prepare my documents to make a fresh out of time application.
Can I chase HO on the status of my employers fresh cos allocation as my HR applied on the 16th of April ? As they are entertaining applicants whose leave is expiring by or before 4th of may ?

[manci]

[quote="]
Ask your sponsor to phone the employer helpline 0300 123 4699 for up to date information.

Can I chase HO on the status of my employers fresh cos allocation as my HR applied on the 16th of April ? quote]

[/quote]

Only the employer can get information about the progress of the application, it is their application (phone number above)
On 20 April UKBA published an update about current delays:
http://www.ukba.homeoffice.gov.uk/sitec ... tier-2-cos

[khans]

[quote="]
Ask your sponsor to phone the employer helpline 0300 123 4699 for up to date information.

Can I chase HO on the status of my employers fresh cos allocation as my HR applied on the 16th of April ? quote]

Only the employer can get information about the progress of the application, it is their application (phone number above)
On 20 April UKBA published an update about current delays:
http://www.ukba.homeoffice.gov.uk/sitec ... tier-2-cos

[/quote][/quote]

Hi Mancy,

Thanks for your response. I do understand that theemployer has to chase the UKBA and not me. However my concern here is, that considering my case is special as in my application has been rejected and I am in the process of appeal (which I will be withdrawing when I make a fresh application) and I need a new COS for the fresh "out of time" application will they still treat it as urgent and make an attempt to issue the CoS as quickly as possible or will my employer chasing complicate things further?

CHeers,
Khan.S