Can CoS be amended after the application is launched?

[iahmed13]

Hi,

I applied for a Tier 2 Change of employment couple of weeks ago. After doing my bio-metric I got an email from UKBA informing me of 'two possible difficulties':

The first is that you claim that a Resident Labour Market Test is not required as yours is a shortage occupation. In fact, only certain limited categories of electrical engineer qualify under that heading. If you think yours is one of those, I should be grateful if you would indicate which applies.

The second is the salary. As you are applying for a total period of leave in Tier 2 of over 3 years and 1 month, you do not qualify to benefit from the new entrant salary threshold.

My first question is, can I change SOC code now in middle of my current application? Any chance the company can add a note/inform UKBA that they meant to put a different SOC on my CoS? Because with my current SOC on my CoS, I do not meet the min salary rate. PLEASE ADVISE!

Second question, does the 3 year 1 month period apply to the time period mentioned on this subject CoS? Or is it for the whole duration of my stay as a T2 migrant? This CoS has start/end date from Dec 2013-Dec2016 which is 3 years. But I have already been in T2 with current employer for 3 months. Combined it is 3 years 3 months. Is that why UKBA saying I do not qualify as a 'new entrant'? How can I solve this issue? Can I ask HR to change start/end date on CoS so that the COMBINED duration of my stay becomes less than 3 years 1 month? Will the HR able to do it?

PLEASE HELP ME! I AM SO CONFUSED! I HAVE WORKED SO HARD FOR THIS :/ Sorry if my questions are confusing. The solution I see is the current CoS's SOC code and start/end date need to change. Can it be done halfway through an application? or will i be forced to get a new CoS and apply again? HELP!

[manci]

First of all, as long as the HO has not yet made a decision on your application, and it doesn't seem that they have, you can vary it.

Regarding the new entrant pay rates the rules are:

Where both "new entrant" and "experienced worker" rates are stated in Tables 1 to 5, the "new entrant" rate will only apply if the applicant:

(I) is applying as a Tier 2 (General) Migrant and scores points from the Post=Study Work provisions of Appendix A

(ii) is applying as a Tier 2 (General) Migrant and scores points from the Resident Labour Market Test provisions of Appendix A, on the basis that his Sponsor has carried out a university milkround,

(iii) is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category, or

(iv) was under the age of 26 on the date the application was made,

and is not applying for a grant of leave that would extend his total stay in Tier 2 and/or as a Work Permit Holder beyond 3 years and 1 month.

Since you are already in T2 you only qualify for being considered a new entrant if you are under 26 at the time of your application. If that is the case than according the above the total stay under T2 must not extend beyond 3 years 1 month and this includes your present stay as well.

You will need a new CoS with:
a)the correct Job title, SOC code, job description and appropriate salary (and if it is not a shortage occupation an RLMT as well)
b) a work end date that keeps your total period in T2 under the 3 year 1 month

Once this is done you should complete a new application and send a covering letter with it requesting to vary your application.

[iahmed13]

Hi manci, thank you so much for your reply I really appreciate you taking your time to help us out.

First of all, as long as the HO has not yet made a decision on your application, and it doesn't seem that they have, you can vary it.

Vary it? I am new to this term could you direct me towards information on how do I do that?

Since you are already in T2 you only qualify for being considered a new entrant if you are under 26 at the time of your application. If that is the case than according the above the total stay under T2 must not extend beyond 3 years 1 month and this includes your present stay as well.

Yes I am under 26 at the time of application. Thanks for clearing this confusion up. I will explain this to HR.

You will need a new CoS with:
a)the correct Job title, SOC code, job description and appropriate salary (and if it is not a shortage occupation an RLMT as well)
b) a work end date that keeps your total period in T2 under the 3 year 1 month

Once this is done you should complete a new application and send a covering letter with it requesting to vary your application.

I can ask for a new CoS with correct details and hopefully they will provide. My current application was done online and at the end of the process they gave me a covering letter which I attached with the postal. When you suggest a new application, is it just the filling up the paper application form you mean? Am I to pay the fees again? Online process only gave me the covering letter AFTER the payment stage if I remember correctly.

If you could enlighten me on how to vary my application and advise on the covering letter that would be very helpful.

Thank you so much manci!

[manci]

Hi manci, thank you so much for your reply I really appreciate you taking your time to help us out.

First of all, as long as the HO has not yet made a decision on your application, and it doesn't seem that they have, you can vary it.

Vary it? I am new to this term could you direct me towards information on how do I do that?

Varying just means changing an application that has already been submitted. It can be made any time before a decision is made on the application provided the applicant had valid leave at the time of the original application which I assume you had since you were only 3 months into your current T2 leave at the time . Read p36 here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Since you are already in T2 you only qualify for being considered a new entrant if you are under 26 at the time of your application. If that is the case than according the above the total stay under T2 must not extend beyond 3 years 1 month andeen

You will need a new CoS with:
a)the correct Job title, SOC code, job description and appropriate salary (and if it is not a shortage occupation an RLMT as well)
b) a work end date that keeps your total period in T2 under the 3 year 1 month

Once this is done you should complete a new application and send a covering letter with it requesting to vary your application.

I can ask for a new CoS with correct details and hopefully they will provide. My current application was done online and at the end of the process they gave me a covering letter which I attached with the postal. When you suggest a new application, is it just the filling up the paper application form you mean?
yes, refer to the link given above
Am I to pay the fees again?
no, refer to the link given above
Online process only gave me the covering letter AFTER the payment stage if I remember correctly.

If you could enlighten me on how to vary my application and advise on the covering letter that would be very helpful.

refer to the link given above - once a) and b) above are done just complete a paper application form and post it with a letter saying that you wish to vary your previously submitted application giving its reference and perhaps also enclosing the printout you had at the end of the online process. You will find the paper application form here:
http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf


Thank you so much manci!

[iahmed13]

Thank you so much for your time, effort and advises manci. I really appreciate your help. I have some more doubts if you would be kind enough to answer please:

You will need a new CoS with:
a)the correct Job title, SOC code, job description and appropriate salary (and if it is not a shortage occupation an RLMT as well)
b) a work end date that keeps your total period in T2 under the 3 year 1 month

Once this is done you should complete a new application and send a covering letter with it requesting to vary your application.

I am wondering will they have to cancel my current CoS before they assign me a new one? As I know one can only have one active CoS at a time.

And if they do cancel my current CoS, my current application with UKBA will be still be valid right? As in I can still send the varying application under the current reference number with a new CoS?

refer to the link given above - once a) and b) above are done just complete a paper application form and post it with a letter saying that you wish to vary your previously submitted application giving its reference and perhaps also enclosing the printout you had at the end of the online process. You will find the paper application form here:
http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf

Just making sure that on the paper application form now, I am to leave all the payment option fields empty right? And the covering letter for the varying application, who do I address it to?

[manci]

Previously I suggested that your prospective employer should assign a new CoS to you which would involve withdrawing the present one. However, if a CoS on which an application relies is cancelled or withdrawn the application will be refused, see paras 173-174 of the T2 policy guidance. so they should add an appropriate sponsor note to the present CoS instead to reflect the changes.

The HO could have refused your application on the grounds that the salary requirement was not met but they didn't, instead they requested clarification on the shortage occupation issue.

Since you have ample leave remaining (I think) the worst that can happen is that your change of employment application is refused in which case you can re-apply but will have to pay the HO fee again

Send the request for variation to the address given on the form. I would tick the appropriate fee box but leave the payment part blank (to be explained in the covering letter)

[iahmed13]

Previously I suggested that your prospective employer should assign a new CoS to you which would involve withdrawing the present one. However, if a CoS on which an application relies is cancelled or withdrawn the application will be refused, see paras 173-174 of the T2 policy guidance. so they should add an appropriate sponsor note to the present CoS instead to reflect the changes.

Thank you for the advice manci. To qualify for the 'new entrant' salary cap I need to change the end date on my current active CoS, which I am guessing will be acceptable by HO if my prospective employer adds a note to the CoS?

The HO could have refused your application on the grounds that the salary requirement was not met but they didn't, instead they requested clarification on the shortage occupation issue.

yes manci I am grateful that they didn't reject the application but rather got in touch. but my problem is on the SOC (2123), the category of shortage occupation list I fall under has a minimum salary requirement of ~£31k which I do not meet. HO wanted to know which catagory under SOC 2123 I fall and if I point out the correct one the next question/issue will be I do not meet the salary cap.
if i was allocated a different SOC (2129 or 2461) I would not have this issue. Will it be possible for my prospective employers to add a note on the CoS saying they meant to assign SOC 2129/2461 for me? will the case worker consider this if my HR adds a note it was an error while allocating CoS? what do you suggest?

Send the request for variation to the address given on the form. I would tick the appropriate fee box but leave the payment part blank (to be explained in the covering letter)

if my employer is only adding note to my current CoS mentioning a) change of end date b) saying a different soc code is more appropriate, do I still need to send a varying application? or do I just reply to the email saying please refer to the CoS note?


manci, I really appreciate your help and patience while answering all these ever so confusing Qs of mine. I would be forever gratewful for your help.

[manci]

The changes to the Cos that would be needed, assuming that you remain in a shortage occupation category (i.e. RLMT not required) are:

a) work end date
b) SOC code and job title
c) job description

b) and c) are pretty fundamental changes to the previously assigned CoS. I'm not sure if the HO will accept a sponsor note for the changes but why not try it? An explanation that they were assessed incorrectly in the first place by the sponsor may help.

Remember that determining b) and c) is the sponsor's responsibility (not yours) and if it is found that they are incorrect the sponsor's licence may be in jeopardy.

Once the CoS has been amended as far as your application is concerned I think the only variation needed may be under M8 (job title). You could try dealing with this by letter but it would be safer to send an amended application form. Alternatively, ask the caseworker but only after the sponsor note has been entered in the SMS.

[iahmed13]

Hi manci,

Hope you are well. manci I contacted my employer and the told me they got in touch with my case worker in regards to amending the CoS. They said the have clarified the job code issue and also requested the end date on CoS to be changed.

Then I heard the following from the caseworker when I emailed to notify those amendments. He acknowledged that the HR has gotten in touch with him and replied the following:

I have been in touch with your employer and they have confirmed both points you have raised and specified 9 January 2016 as the end date.

We are both waiting for the CoS to be amended to reflect these changes, at which point I can finalise your application.

My query is do you know how many days it might approximately take to changes in CoS to take place? If it is only a change in CoS ending date, how long normally HO will take before the requested change in actually amended on HO system? I am just trying to guess how long I might need to wait now. Your reply is much appreciated manci. Thank you

[manci]

you need to check if your employer has already amended the CoS by way of a sponsor note and, if they have, ask for a printout.

[iahmed13]

Hi manci,

I will ask for a printout tomorrow. Yes my HR contact told me they have 'requested' my CoS to be amended. I am wondering is it something like the employer will update the CoS/add note and then it needs to be approved by HO for this amendment to take place?

As the case worker said

We are both waiting for the CoS to be amended to reflect these changes, at which point I can finalise your application.

...I am wondering is this a wait for the amendment to be approved by the some department at HO? If so how long it might take approx?