Urgent!-Applying for CoS while renewing sponsorship license?

[grif-fin]

Hi

I have only got a month and a half left to my Tier 1 PSW visa expiry and here is my situation:

Company I was working for did not have the sponsorship license and was overtaken by another company which has the license. But my contract is still old contract with the previous company. Also the company that overtaken has just sent application to renew their license.

I am going to apply for Tier 2 (General). The new company had rate A sponsorship license which they sent the application for renewing it.

My questions are:

A. Can the apply for CoS (Certificate of Sponsorship) for me while their license is being renewed?
B. Do I need to change my contract and switch it with new company's contract to be able to apply for CoS?
C. From your experience is it physically possible to do all these things in 1 and a half time?

Any help, any advise is much appreciated!

[manci]

Hi

I have only got a month and a half left to my Tier 1 PSW visa expiry and here is my situation:

Company I was working for did not have the sponsorship license and was overtaken by another company which has the license. But my contract is still old contract with the previous company. Also the company that overtaken has just sent application to renew their license.

I am going to apply for Tier 2 (General). The new company had rate A sponsorship license which they sent the application for renewing it.

My questions are:

A. Can the apply for CoS (Certificate of Sponsorship) for me while their license is being renewed? If the company did not let their licence expire (they had several reminders from the HO) there should be no problem assigning a CoS to you provided they have an available allocation for the current year. Licence renewal is done online and takes a matter of minutes

B. Do I need to change my contract and switch it with new company's contract to be able to apply for CoS? Your present employment contract is not relevant. All the HO need is the assignment of a CoS to you and you will have to quote the CoS number and the sponsor's licence number in your eventual application for T2G leave. However, it is in your interest to have an offer of employment setting out its terms.

C. From your experience is it physically possible to do all these things in 1 and a half time? If the company has a CoS allocation for the current year they can assign one to you in a matter of minutes. If they don't have an allocation they'll have to apply for one and this may take several weeks but the actual time will depend on the HO's workload and it is not possible to tell in advance how long it will take - the sooner they apply the better.

Any help, any advise is much appreciated!

[grif-fin]

Many thanks for the respond Manci.

I am not sure wheter their license was expired or they applied for renewal before it was expired. Would that take a long time if it was expired and they applied after that?

Regarding this : '...All the HO need is the assignment of a CoS to you and you will have to quote the CoS number and the sponsor's licence number in your eventual application for T2G leave...'

Doesn't this mean when I am sending my T2G visa application there will be a conflict in documents if I send my contract with the old company? wouldn't the HO come back to me and say the company you have the contract with does not match with the CoS number and sponsorship license you have mentioned in your application?

Also we weren't sure whether to put the name of old company or the new company's name in CoS assessment form when we were filling it.

[manci]

Many thanks for the respond Manci.

I am not sure wheter their license was expired or they applied for renewal before it was expired. Would that take a long time if it was expired and they applied after that? Ask the company. The licence renewal process is described in detail from para 767 onwards in the sponsor guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Regarding this : '...All the HO need is the assignment of a CoS to you and you will have to quote the CoS number and the sponsor's licence number in your eventual application for T2G leave...'

Doesn't this mean when I am sending my T2G visa application there will be a conflict in documents if I send my contract with the old company? wouldn't the HO come back to me and say the company you have the contract with does not match with the CoS number and sponsorship license you have mentioned in your application? You dont have to send any employment contract, old or new, with the application

Also we weren't sure whether to put the name of old company or the new company's name in CoS assessment form when we were filling it. The sponsor is the new company, the old company hasn't even got a licence so they cannot assign any CoS.

[grif-fin]

Thanks again Manci.

I now know that they have added the name of the old company to the new company's licence but it expired and the applied for the new licence. But as you said it should only be matter of minutes doing it online so I guess since they have already applied for the new licence then I'm expecting it to come soon.

[grif-fin]

Follow up on this thread:

My PSW visa is expiring on 6th of September 2013. My company has applied for sponsorship licence 1 month ago and we are still waiting for it to come. We have called UKBA to expedite the licencing procedure on 16th of August and we haven't heard anything yet. My question is alternatively if the company's licence hasn't arrive by 6th of September which of the following is the best thing to do:

1- Send the application with a cover letter attached to it explaining why the CoS (Certificate of sponsorship) is missing and promising to send it through as soon as company's licence is arrived.

OR

2- Wait and give it more time until 28 days after the expiry date of the visa and expect the company's sponsorship licence to arrive by then and then send the application.

OR

Is there any other alternative to try?

[manci]

http://www.immigrationboards.com/viewtopic.php?t=142470

[grif-fin]

Thanks for the post manci, but I couldn't find what to do "if I the licence has not arrived and my expiry date is close" in that post?

[manci]

Follow up on this thread:

My PSW visa is expiring on 6th of September 2013. My company has applied for sponsorship licence 1 month ago and we are still waiting for it to come. We have called UKBA to expedite the licencing procedure on 16th of August and we haven't heard anything yet. My question is alternatively if the company's licence hasn't arrive by 6th of September which of the following is the best thing to do:

1- Send the application with a cover letter attached to it explaining why the CoS (Certificate of sponsorship) is missing and promising to send it through as soon as company's licence is arrived.

OR

2- Wait and give it more time until 28 days after the expiry date of the visa and expect the company's sponsorship licence to arrive by then and then send the application.

OR

Is there any other alternative to try?

both 1 and 2 have disadvantages and risks.

Assuming that the company's sponsor licence application is in order, even if they get the licence it takes a little time before the Level 1 user is able to assign a CoS. This is because some part of the SMS login details needed only come by post. Provided the CoS details reach the HO before they make their decision on your application there shouldn't be a problem and you can continue working because your present leave is extended under section 3C. You may have to convince he company that this is so.

If you let your leave expire the disadvantages are that a) you cannot continue working and b) that if your eventual application is refused you will have no right to appeal.

ask the company to email the HO requesting urgent treatment on the basis that your leave expires soon:
sponsorlicensing.support@ukba.gsi.gov.uk
SponsorProgress@homeoffice.gsi.gov.uk
and ask them to enclose a copy of your visa with the email

[grif-fin]

Hi manci,

Thanks for your respond.

We have applied for expediting a week ago and they only said that we sent the request to the right department and we haven't heard any more. My company has hired another company which does their visa stuff and they were the one who did the expediting (helpful people).

I have called UKBA yesterday and they said the only thing you can do is to send your visa application before it expires with a cover letter mentioning why there is no CoS with it. Then they will put it on hold until the decision on the licence is made and then they will process my visa application. The only thing with this is I don't know how long they put it on hold for and also would they definitely do this or not?

What is likely in my mind is that by 6th of September which is my visa expiry the licence won't come and I have to send it with the cover letter (which that company said they do that).