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Tier 2 Certificate of Sponsorship from an employer does not guarantee you a working visa

This post was written by Charles Kelly on June 21, 2009
Posted Under: News

An increasing number of migrant workers are being refused visa extensions because of bungled employer applications, often leading to the worker being deported.  

Last year, the Government scrapped the old Work Permit Scheme, administered in by Work Permit UK caseworkers in Sheffield, at the same time handing over responsibility for the migrant worker to employers or ’sponsors’. 

One of the responsibilities given to employers was the granting of a ‘Certificates of Sponsorship’ to migrant workers prior to checks been carried out by a caseworker. 

Whilst many companies are reporting that the new scheme is working well, immigration advisers are seeing a number of workers refused visas by the UK Border Agency further down the line. 

Tier 2 Process for in country applicants 

In order to apply for a working visa under Tier 2, which replaced the Work Permit scheme, applicants obtain a ’sponsorship certificate’ from a licensed sponsor or sponsoring employer. 

If you are a Work Permit holder and your employer is not licensed, you will not be able to renew your working visa, although you may be able to apply for indefinite leave or residency. 

Thousands of migrant workers, including Nurses and Senior Carers, have been caught out by successive immigration rule changes over the last couple of years and still need to extend their visas (linked to their Work Permits) for another year or two before they can apply for Indefinite Leave to Remain (ILR). 

In some cases the worker is just months sort of the five year (changed from four) qualifying period for permanent residency status in the UK.

Senior Carers and other workers such as Chefs have had to also cope with additional changes such as Government imposed pay rates, which has discouraged some employers from renewing their visas. 

Sponsoring overseas workers under Tier 2 

Previously employers did not need to register as sponsors in order to apply for and renew a Work Permit, but this has now changed under the new Tier 2 rules introduced last November as part of the points-based system. 

Employers must have a licence to sponsor skilled workers, temporary workers under the new system, which the Home Office say is part of the biggest shake up in immigration for 50 years. This does not apply to employing overseas students who have their own permission to work under their student visa. 

Employers can register on line as sponsors by going to the ‘Sponsoring workers under the points-based system‘ section of the UK Border Agency website. The process can take several months so plan ahead if you have Work Permits expiring which need renewing. 

Once accepted as sponsors employer can issue ‘Certificates of Sponsorship’ to the migrant worker they wish to employ. The sponsorship ‘certificate’ is actually a reference number needed by the applicant when they make their ‘application for a grant of leave’ or ‘leave to remain’.  

The in country migrant worker then applies to extend their leave or permission to stay by completing the ‘Tier 2 (General/ICT)’ form, and sending this to the UK Border Agency and paying the £465 fee. 

The 57 page Tier 2 (General/ICT) document replaces the much shorter, and easier to complete, FLR form. Dependants must apply on a separate 48 page form – so much for saving the planet. 

The process should be straightforward, but many employers are making fatal errors and giving their migrant workers incorrect certificates. 

Had the worker sent their Tier 2 (General/ICT) form to with this certificate, their application to extend their leave to remain would have almost certainly been refused and the application fee wasted. 

“Employers not up to date with rules” Evelie Padadac, Immigration Adviser 

Immigration Adviser and Work Permit specialist, Evelie Padadac, who has handled thousands of visa and further leave applications, said that employers are making mistakes: 

“Employers are not always fully up to date with rules or aware of the new requirements and as a consequence we have seen a number of sponsorship certificates issued in error. 

“In some cases we only see the client when their application for further leave has been refused and their visa has expired which causes great distress. 

“Candidate wrongly assume that because they have been given ’sponsorship certificate’ by their employer they’re guaranteed to get the leave to remain extended.” 

Evelie added that common mistakes include not advertising the post and assuming the job is still on the ‘National Shortage Occupations’ list or issuing a certificate when application clearly falls short of the required points. 

The message is clear. Employers should take greater care before issuing certificates and migrant workers must ensure their application meets the rules and requirements before submitting it to the UK Border Agency. 

Employing migrant workers illegally could cost you a £10,000 civil penalty as well as leading to the removal of the worker from the UK.

The UK Border Agency’s website contains useful information on Sponsoring workers under the points-based system, which includes a section on HR systems and compliance.

If you are still unsure of the steps you need to take when employing overseas (non EU/EEA Workers) workers, including Bulgarian and Romanian Citizens, visit www.ukba.homeoffice.gov.uk/employers or call the UKBA employers’ helpline on 0845 010 6677.

Immigration advisers like Bison UK provides a file audit or vetting service for employers unsure about whether or not their staff are legally employed. 

If you need any immigration advice or help with Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Reader Comments

how about the requirement for household workers such as nannies/aupair?I’ve an employer willing to sponsor me to take care of his 5 year old kid, since his working and no one is left to tend to his boy.

Thank you.

#1 
Written By valle beng on June 22nd, 2009 @ 3:46 pm

This type of job, e.g. Nanny, will not qualify for a work permit/visa under tier 2. There are different requirements and visas to come to the UK as a Domestic Worker.
http://www.immigrationmatters.co.uk

#2 
Written By Charles Kelly on June 22nd, 2009 @ 7:16 pm

hello, i finished my Nvq level 3 and am on student visa. how can i switch to tier 2 and apply for work permit…

#3 
Written By tenzin on June 22nd, 2009 @ 8:35 pm

HI THERE, MY HUSBAND HAS ALREADY A WORKING PERMIT BUT HE WAS REFUSED A VISA FOR THE GROUND OF HIS EDUCATION, HE MADE AN APPEAL WITH THE BISON AGENCY AND PASSED ON MAY 4, 2009, MY QUESTION IS, HOW MANY WEEKS WOULD IT TAKE FOR THE RESULT?THANK YOU

#4 
Written By ANA on June 23rd, 2009 @ 5:39 am

Once an Immigration Judge has made the decision to overturn a visa refusal, the AIT usually send their determination to the Entry Clearance Manager at the British Embassy posting within a few days. However, it seems to take several weeks before the Embassy contact the visa applicant and issue the visa.
See also http://www.visaappeals.com

#5 
Written By Charles Kelly on June 23rd, 2009 @ 9:51 am

Hi i am on a student visa i have finished NVQ3 and i want to go for a 3 years course in nursing after at the university but is it possible to apply for a work permit now. If not then i would like to finish my nursing course at university without wasting time. Thanks

#6 
Written By Priscilla on June 24th, 2009 @ 11:14 am

It may be possible if you can qualify under Tier 2, of the points based system, and have a sponsoring employer.

#7 
Written By Charles Kelly on June 24th, 2009 @ 11:49 am

how will i know if my present employer is already registered in sponsoring working visa?could you give me the information where can i find the list of the homes or employer who are already registered in your office.thank you so much.

#8 
Written By jenalynne on June 24th, 2009 @ 11:59 am

hallow
my wife has got visa till 2014.She is a registerd nurse.she want to change the employer.An employer is ready to give the job of nurse and the employer has sponsership.Shall i need to apply for an extention?or the existing visa can transfer?if i am not geting visa under new employment,is my existing visa [valied till 2014]is going to be cancel?or can i continue in the same status
is it safe to change the employer while holding visa till 2014?

#9 
Written By dens on June 25th, 2009 @ 4:43 pm

my wife got the visa of nurse till 2014.now she is planing to change the employer.shall i need to apply for a new flr or the existing visa can transfer?Is it safe to change the employer while holding a visa till 2014? if she is not geting new visa , is her existing visa cancel?

#10 
Written By dens on June 25th, 2009 @ 4:49 pm

It depends on what type of visa she has. If it’s a working visa attached to a work permit she will need to change this and obtain a new work permit (under tier 2) and leave to remain if she moves employer. I would take advice and make sure she has a new sponsoring employer before leaving the job.
http://www.immigrationmatters.co.uk

#11 
Written By Charles Kelly on June 25th, 2009 @ 8:20 pm

Hi, I am a work permit holder my second work permit expires in November but my visa is still valid until february(that’s when i will be 5 years here)…i am looking forward to applying for residency…I am just confused to where the 5 years requirement to apply for residency is based on, is it on the work permit or on the visa?thank you please help

#12 
Written By dolly on June 26th, 2009 @ 11:01 am

In short you need 5 years continous work. For full criteria check http://www.ukba.homeoffice.gov.uk/ukresidency/eligibility/
http://www.immigrationmatters.co.uk

#13 
Written By Charles Kelly on June 26th, 2009 @ 4:30 pm

Good day! Currently I’m working as a volunteer care worker for Shad a government organization. I came to Uk as a visitor and was able to extend my visa to volunteering visa. My visa will expire on first week of Sept this year and I would like to enroll in NVQ course. My question is will I be granted a student visa before my existing visa expires if I will enroll before my visa expires. Thanks so much

#14 
Written By elizabeth guevarra on June 28th, 2009 @ 10:07 am

Hi,my friend’s husband is having a dependant working visa which will expire on sept.1,2009.Their relationship ended so my friend didn’t include his husband visa when she get further leave to remain when she changed her employer.Her husband is working in a Care Home as a Care Assistant.Is it possible that her husband can switch his dependant working visa to a visa under tier 2.If he can apply for a visa under tier 2,did he need some papers from his wife and did he need to exit united kingdom before he can apply for that?

#15 
Written By charina valles on June 28th, 2009 @ 10:27 am

He needs to take urgent advice. If his wife, on whom he is ‘dependent’, has not renewed his visa he cannot remain in the UK – he is now here illegally. Sounds like he is working illegally, as an overstayer, and if he was caught he could be deported and banned from returning to the UK for up to 10 years. The employer could be finded £10,000. He could apply for a work permit but will need to go home to change his visa.
He may also be refused a visa to return if the ECO sees that he overstayed for an extended period.
See also: Employing illegal migrants could cost you £10,000 per worker

#16 
Written By Charles Kelly on June 28th, 2009 @ 12:40 pm

hi,just want 2 seek advice if i can write a letter 2 the home office about my case,i have been harassed by my housemate and reported him 2 the police but when he found out that he’s been reported that day he flewn back 2 his country he’s a working permit holder and he is planning 2 comeback 2 england his wp expired last march i think this year and the employer is sorting his paper at the moment,can i file a complaint to the home office against him.please help.thank u very much.

#17 
Written By jessica on July 1st, 2009 @ 10:50 pm

Hi!i am a work prmit holder as a senior care worker,and had an NVQ Lev 3 and will be 5 years on Feb.2010..Can u please tell me when can i apply for an ILR?Thanks and more power to u..

#18 
Written By april on July 3rd, 2009 @ 3:02 pm

Hi,
my work permit was issued in August 05, however at the back of the permit it says you can apply for indefinate leave after 4 years, what should i do? do i still have to wait for 5 years as per the new rule?

#19 
Written By john on July 4th, 2009 @ 12:51 pm

The rules on ILR changed a couple of years ago.

#20 
Written By Charles Kelly on July 4th, 2009 @ 5:09 pm

hi!my visa is indefinite leave to remain and im planning to bring my husband here but at the moment he is working in the shipping lines company.he is sign off in southampton this coming august and he will stay with me for a week do you think its possible for him not to go back home instead to get his dependant visa here.tnx.more power..

#21 
Written By mylene on July 7th, 2009 @ 6:09 pm

Hi,
I am on a dependent work permit visa and working for a UK employer from last 11 months.
My employer now wants to file a work permit for me.
Do I have to go out of UK before my employer files the application?
Also,how difficult will it be to get the tier 2 visa?
I had got this job replying to a job vacancy and was interviewed.

#22 
Written By Shilpa on July 7th, 2009 @ 8:08 pm

Hi
My visa expires in may 2010, can i apply for tier 2 visa any time from now (in case rules change by 2010)or i have to wait till 2010 as i am short by a couple of months for qulifying for 5 years

#23 
Written By john on July 8th, 2009 @ 11:09 am

Hello there,

I recently applied for Tier 2 General application to extend my LIR when my Fresh Talent Visa was about to expire. My employer which is an University and with whom I am working for more than 2 years applied for Certificate of Sponsorship (COS) without watching the salary criteria requirement. By the time my salary has been raised to match the requirement my COS has got expired. Home Office has refused my application considering this expired COS and the salary specified in it (I even not claimed for this COS). Could anyone please assist me in how to make Home Office to consider my last 6 months working with the same employer to provide that 30 and 10 points for my current salary.

Thank you in advance.

with regards,

Satish.

#24 
Written By Satish on July 15th, 2009 @ 8:47 am

I’m a ship’s officer (Engineer Officer on watch) holding Class IV Certificate of competence from India & Certificate of Equivalent Competence (MCA-UK), Isle of Man Endorsement as well.I do not have a sponsor but still I’m scoring required points (50) in point based calculator.Am I eligible for Tier2 Visa?

#25 
Written By Proshit Chakraborty on August 2nd, 2009 @ 10:41 am

hi there, we would like to ff up the administrative review of my husband that was passed on may 4 2009 and till now there’s no result the applicants name is melbin r. tagay.tanx pls inform us of the update

#26 
Written By ana on August 24th, 2009 @ 7:51 am

You need to contact the ECM at the embassy

#27 
Written By Charles Kelly on August 24th, 2009 @ 10:36 am

If your going to apply for indefinite leave to remain how much savings you need to show in your bank statement for the last 3 months before you apply?

#28 
Written By willy on August 25th, 2009 @ 1:07 am

we tried to email the embassy but up to now theres no reply yet

#29 
Written By ana on August 25th, 2009 @ 3:41 am

I just completed a MBA program. I have 3 years in this country and I am told that a PSW does not qualify towards citizenship. It means I have to do another course of study in order to earn years towards citizenship or can i switch into a different category.

#30 
Written By Susyann on August 25th, 2009 @ 3:50 am

hi! i just want to ask regarding my status,i will finish my contract on the 1st week of october,i will submit my application on the fist of september do u think i hav enough time? can i still stay even my visa will expire on th 6th of october?pls give me an advice im so bothered..thanks

#31 
Written By ETHEL on August 25th, 2009 @ 12:12 pm

Hello Charles, I am a work permit holder and I would like to ask if the we are legally entitled to have a free NVQ 3 by training providers funded by the Government thru train to gain . Among their eligibility for a free funded course is if you have been living in the country or in any EU country for three years and have not had any UK qualification. It’s not among the specified ones in the UKBA list of public funds,though but are we in breach of the” no recourse to public funds” arrangements of our working visa? Thank you very much and more power.

#32 
Written By merlyn on August 25th, 2009 @ 11:27 pm

You should apply as soon as possible, but make sure your application is 100% correct as there is little time left should your application get rejected. For instance, do you have the correct maintenance funds in place for the last three months? Is your college registered as Tier 2 Sponsors? You should consider taking professional advice from a specialist adviser – OISC registered, as we see many failed applications which come to us after the visa has expired (this usually means the worker is asked to leave the UK and has to return home and apply again in their country under Tier 2). If you application is under consideration you can remain in the UK.
Be careful. Many employers are giving unauthorised immigration advice to Tier 2 applicants. When the application goes wrong it’s the worker who gets removed from the UK.
See also: Migrant’s dilemma over failed Tier 2 Skilled Worker applications
http://www.immigrationmatters.co.uk/migrants-dilemma-over-tier-2-skilled-worker-applications.html

#33 
Written By Charles Kelly on August 26th, 2009 @ 5:43 am

Hi! I am underboard nursing graduate in the Phillippines and recently working in a tertiary hospital. I would like to ask if it is possible to apply as a work permit Tier 2 to work as a care assistant even i did not study NVQ/Diploma health and Social Care.

#34 
Written By Grace on August 30th, 2009 @ 2:37 am

hi there, i have work permit which ends on 05/12/11.i have been working as a nurse in a nursing home for nearly 3 years now .Now i am planning to change my employer and i also have a new employer who is ready to sponser me and they also have the certificate for sponsering migrants. My dillema is can i change my employer? if i can what form do i need to fill in and can i move to the new employer before they apply for the sponsership for me?

#35 
Written By ashlie on August 30th, 2009 @ 6:34 pm

hi, I wanna ask about the 2 years relevant experience as a requirement for tier 2 for senior carer? does it needs to be an experience here in UK?thanks

#36 
Written By Roshielle on August 30th, 2009 @ 10:22 pm

I lost my job two month ago and have been looking for a job since then, now i have found a company that is willing to apply for a work permit for me. My visa is valid up to november this 2009. i am due for my indefinate to remain. May i know if my application will be considered. can i just apply for indefinate or i need a work permit first?

#37 
Written By sophie on August 31st, 2009 @ 12:27 pm
#38 
Written By Charles Kelly on August 31st, 2009 @ 5:11 pm

If you change employer you need to change your permit (under tier 2) and visa. You should take advice from an OISC registered immigration adviser before you make a move. It’s not a simple as filling in a form and, like snakes and ladders, if you make the wrong move you could be out of the game.

#39 
Written By Charles Kelly on August 31st, 2009 @ 5:16 pm

Hi i am a employer and want to employ some qualified chefs from Pakistan………. What would the procedure be, all advice fully appreciated thanks.

#40 
Written By Nash on September 2nd, 2009 @ 5:30 pm

Hi, I was given a minister of religion status in 2004 and by may this year I was meant to apply for ILR but the goal post was shifted for a further one year and in between the PBS was introduced, my Church has applied for licence to enble them issue me a certificate and we informed the UKBA about this but they still refused my applictaion we again appealed twice and the AIT still refuse to wait or consider even though our spoonsor’s application is still with the UKBA.
Now my lawyer has decided to file in a new application on human right grounds becasus I am also involved in several community projects and my family issues do you think I stand a chance since these whole process is causing us a great stress.

#41 
Written By Rev. Michael A.O on September 7th, 2009 @ 9:38 am

It is difficult to comment without seeing all the paperwork. If you want a second opinion you should arrange a full consultation with an OISC registered immigration adviser or a lawyer specialising in Human Rights appeals.

#42 
Written By Charles Kelly on September 7th, 2009 @ 3:31 pm

Hi,
I am switching my PSW to work permit where I don’t have to go through resident labour market test but I need to work continuously for 6 months, my question is do i have to wait until I finish my 6 months work term to get a CoS (valid 3 months) or I can get Cos in 4th month and apply Visa after 6 months ?
am very desperate as my time schedule is very small!
please reply.
kind regards.
raghav

#43 
Written By raghav on September 15th, 2009 @ 7:57 pm

Hi

I am currently employed in UK under work permit scheme. I recently got a job offer and new employer has issued me a certificate of sponsorship under Tier 2 application. I now changed my mind and want to keep working with my current employer and decline the new offer. My current employer has not cancelled my work permit yet. Is my original work permit still valid and can I continue employment legally with current employer? What will happen to the new Certificate of Sponsorship. I have not applied for Further Leave to Remain yet.

#44 
Written By WH Hooi on September 22nd, 2009 @ 9:36 pm

Hi,
I have applied for Tier 2- Intra company transfer visa extension. Its been 4weeks since I applied for extension but I haven’t received my visa yet. Meanwhile I read on the UKBA website that “You will need to send evidence that you have worked overseas for the sponsoring organisation for at least the last six months before you apply”. I am confused about this clause and will be grateful if you can explain it in detail. Many thanks.

#45 
Written By Akshi on November 3rd, 2009 @ 12:23 pm

Hi am a student in this country and i have finished my health and social care level. Am i allowed to switch on to a tier 2 visa,as my employer’s residential home the rating is 0

#46 
Written By chetna on November 3rd, 2009 @ 4:05 pm

Hi am a studentb in this country and i have finished my health and social care level 3. Am allowed to switch to a tier 2 visa

#47 
Written By chetna on November 3rd, 2009 @ 4:08 pm

Dear Sir/Madam,

I am working as a Graduate Civil Engineer for a large organisation on a work permit visa which is valid until May 2013.

I wish to take “Supplementary Employment”

Please clarify my doubts below.

1) Do I need to inform my main employer?

2) The organization who are interested in employing me as a part-time Civil Engineer
are micro size. Does my second employer required to get or apply for a sponsorship
licence to employ me?

Any help will be greatly appreciated

#48 
Written By Ravi on November 22nd, 2009 @ 3:22 pm

Hi charles, I would like to know coz I overstayed in UK for three years, then I applied for a student after
,is it possible that my application for student VISA will be granted considering I have overstayed history in UK ?

#49 
Written By James on November 25th, 2009 @ 12:32 pm

i had work in the uk for almost five years now until i was dissmissed at work and supposed to get my ILR last
february of this year,i went home and after a year went back as a student visa,can i still continue my work permit visa and and get my immigrant status?

#50 
Written By timmy on December 7th, 2009 @ 1:54 pm

I applied for asylum this year and it was refused and then went ahead and got married to my husband who has a Tier 2 skilled migrant visa, he would like to include me on his visa. So what happens now that the Home Office has all my documents including passport and birth certificate. I would like to apply for a dependant visa so what would be the way forward in a scenario like this?

#51 
Written By Margaret on December 30th, 2009 @ 12:14 pm

I worked as a volunteer worker in the uk and have very good references with my service users when my visa was about to be expired I came back to my country and would like to go back and do NVQ level 1 to 3 do i need a student visa

#52 
Written By cynthia ngosa on January 4th, 2010 @ 1:11 pm

Dear sir/madam,

1:I am Uk work permit holder, (according to old work permit arrangments)

2:I have been to Uk from last 4 and half years on my work permit visa ( I had entry clearence for 5 years same as my work permit)

3: I entred to the Uk after 3 months, from the issuence of my entry clearence Visa, visa was issued on 5th of May but I traveled to Uk on 22nd of july.(almost 3 months later)

4: Now please advise when will I complete my total five years on my work permit? on 5th of May OR 22nd of july (date of travle to the UK)?

5: If on 22nd of July, then what FLR forms will I use for extension of leave to remian for further 3 months to complete my 5 years?

Thanks

#53 
Written By tanveer on January 5th, 2010 @ 1:17 am

Hi
I am currently in a Tier 2 visa and am planning to change employer. I also qualify for Tier 1 but am not able to get an appointment for that (do not want to send by post) before April.

Hence, I was planning to apply for Tier 2 by the next employer for the time being. Do I need an appointment or go through the same process as Tier 1, if I were to just shift my current Tier 2, to the new employer?

#54 
Written By Husna on February 10th, 2010 @ 11:54 am

hi there, i am a filipino nurse working in this country since 2003, lived with my british partner and we have a 4 year old baby girl. last february i have been dismissed from work, due from expired registration, been sorted as well. now, my new employer which is in bristol had applied a certificate of sponsorhip which had been granted as well, but my main concern is that may visa expired last march 2010. will you give me an advice regarding this matter. thank you and god bless

#55 
Written By ruperto van johnson sumicad on May 18th, 2010 @ 8:44 pm

Dear Sir/Madam,
I am a Dr and currently holding tier 2 visa, I changed my employer and got a new certificate of sponsorship, the problem is that my employer (NHS) applied for my certificate of sponsorship on the basis of shortage occupation when i submitted my application that was not in shortage occupation and my visa was rejected.
what can i do to take this matter further as i paid a lot of money for visa processising and also i have given resignation to my current employer.
Many Thanks

#56 
Written By Hanif on July 29th, 2010 @ 4:52 pm

hi i am qualified senior care assitant and have nvq 2 and 3
also eight years of experince in care

looking for sponcership could you help me

thank you

#57 
Written By tim yadav on August 14th, 2010 @ 7:46 am

I am a registered nurse in my own country and have been doing thus job for several years. Now, i would like to ask if I have a sponsor in the uk who can offer me a job as a health care assistant in GP surgery. Can I apply a tier 2 visa to work in the uk??
Thanks for your attention.
Regards
ceci

#58 
Written By Ceci on September 20th, 2010 @ 10:15 pm

Hi I am a Marine Engineer. My Qualification includes following

1. I am a BE Mechanical ( 4 Years bachelor )

2. I did my MBA but only 1 Semester ( discontinued )

3. Post Graduate Diploma in Marine engineering+workshop training( Commutative time 6 months ) ( Called Pre sea )

4. I have finished All my Professional Exams That is (Class IV / Class II / Currently Holding class 1 Certificate of competency )

5. Holding all STCW 95 Courses and Eligibility to sail on ocean going tankers.

My question is How many points I score for the above qualification.

Many Thanks

#59 
Written By Ahmed on October 17th, 2010 @ 3:36 pm

Hi,

I was supposed to start as a potdoc on an EPSRc grant with the starting
date of October 1st. So I applied for a Tier 2 Visa. The university
have asked me to be present for the first day of work or as soon as
possible , in order to show them all the papers, including the entry clearance, and for them to be
able to pay me the first month. After presenting all my documents to
the Uk Embassy in Paris, my visa was not given because my TOEFL
certficate was a printout from the offical TOEFL site, in place of a
physical letter that had not arrived in time. However, I explcitly
asked the person that was gathering my papers, if it was ok with that
printout form as a proof of my Englsih level, otherwise, I would
prefer to wait for the arrival to the phycal letter, but risking not
be paid the first month. He said that it was ok, so I trusted him and
let him gater my papers and collect my biometric data.

in the second round, paying again 340 euros for the second time, and
with the original TOEFl letter, I was refused on the grounds that the
work certificate was automatically invalidares after the first refusal
and that now I need a new sponsorship certificate. But after talking to the University, it seems that for them it will be almost impossible to get a new CoS, since this year they have only a limited amount of them.

Any advice that you can give I would really appreciate it, since now I
am in a difficult situation where I have spent a lot of money, and
with no guarantee to have this job.

Do you think an Administrative Review can be won ?

Thanks a lot in advance.

#60 
Written By Victor Torres on October 25th, 2010 @ 7:02 am

Hi,
I am an HPC regsutered Music therapist.I trained here in the UK for two years and applied for post-study work visa.It finishes at the end of this month.I have been employed by an organisation for 11 months now and they do not have any more certificates of sponsorship left.My job title per se, is not on the national shortage list but under the ‘medeical practioners’ section, my profession comes under ‘old age psychiatry’ as I work with elderly people(over 65 years) living with dementia and Alzheirmers disease. I have done the points-based calculations and a little confused because i meet all the criteria i,e,funds,English language, worked over 6 months with same organisation but no certificate of sponsorship to apply.What do I do?any help or advicd will be much appreciated as time is of the essence for me.
K.

#61 
Written By Kwaku on November 4th, 2010 @ 1:23 am

Hello, i am a student of HND and working as a domestic assistant at NHS from before 1 year, Now my visa is going to finish, is it possible to get tier 2 work permit now? if it possible what are the document will require? Thanks for your co-operation.

#62 
Written By Krishna on November 4th, 2010 @ 12:37 pm

hi i am on a tier 4 visa and i am planning to extend my stay here in uk what is the best possible way for me to stay here. my family are already permanent resident in her and i am the only child that was left in the philippines but now i came here in the uk as a student to purely study. i am still single and i have no other close relative left in the philippines in short i am living alone there. am i eligable to apply for a compassionate visa? i am still totally dependent to my parents up to now.

please guide me and give me wise advise

sincerly,

MS

#63 
Written By mara on December 4th, 2010 @ 12:20 am

You should take professional advice to look at all the options.

#64 
Written By Charles Kelly on December 16th, 2010 @ 7:59 pm

Hi! I’am a work permit holder and I’am due to apply for my indefinite leave to remain this coming oct. 2011. My problem is I’am 4 days short from the time I enter the UK and the validity of my visa. I arrived here last Oct. 5 and the validity of my visa will end on sept 4, 2011. If I count 28 days from the date of my entry, I am due to apply on the 7 of sept. which by the time i apply for my indefinite leave to remain my visa is already expired. I just want to know what is the best thing to do? Can i apply earlier than the 28 days period? Please help!!!

#65 
Written By jonathan sugabo on December 31st, 2010 @ 2:51 am

I am a registered nurse who used to have ILR but in 2002 I left UK and have not been back since.Recently,i applied entry clearnace as returning resident but was turned down because I left the country more than 2 years.Can I enquire if I am offer a job with Tier 2 sponsorship can I proceed with the application ?Will I be turned down because of the above?Secondly, I have a lot of friends I like to visit , so if I apply for visitor visa,what are the chances of me getting the visitor visa if I am able to get a letter from my friend who is able to provide me accomodation ?I do not intend to overstay or work illegally because I have a job I can return to in my home country.

#66 
Written By Elle on January 1st, 2011 @ 5:57 pm

Hi there –

I’m currently working for a company in the UK under a Tier 2 Work Permit (intra-company transfer from Canada). I’ve been in the UK four years. Another firm has offered me a job that I would like to take but I’m not sure if/how I could change employers – is it possible to transfer a tier 2 work permit?

#67 
Written By Farley on January 6th, 2011 @ 3:23 pm

hello sir,
i am a student in UK but all my relatives like my mothers sister my grandparents brothers and sister live in the UK as a British citizen from ages so is there any way i can apply for UK settlement or work permits or domestic workers? my age will be 18 this week .

thank you

yours truly
Chris

#68 
Written By christopher on February 25th, 2011 @ 1:58 am

i am on tier2 visa my employer cancelled my sponcership certificate licence what i can do

#69 
Written By sunita on March 23rd, 2011 @ 4:15 pm

Hi Charles,

is it possible to switch from a student visa to tier 2 visa even if my student visa still has 1 1/2 years left?

Thank you.

#70 
Written By omar on March 28th, 2011 @ 11:59 am

i am in uk last 2 years work as a care assitant tier2 visa but now my employer stop my sponsership certificate what i can do

#71 
Written By kanwa on March 28th, 2011 @ 12:09 pm

Hi All,

Today (12th April 2011) I submitted my documents for UK Visa in Hyderabad. The documents are accepted by the concern person.

My question is, after coming from the VFS office when I look at the application I feel I forgot to fill the part 10 (Summary section). So I wanted to know would if its going to be any problem? Has anyone faced the same problem before.

Your replies should be of great help.

-Srinivas.

#72 
Written By Srinivas R on April 12th, 2011 @ 1:00 pm

My company just received a CoS for a Tier 2 (general) job I have just been offered, but I’m not sure what the CoS reference number is that I will be needing to make my application. They received an email in the following format
Application reference number: ##
‘Thank you for your recent application for Tier 2 (General) restricted Certificate(s) of Sponsorship. Your application meets the minimum points score for the allocation of a restricted CoS.’
The Application reference number is only two digits. Is this the same as the CoS reference number? If not, then how would my organization obtain that number?
Thanks in advance for your kind assistance.

#73 
Written By Maham on April 15th, 2011 @ 10:23 pm

Hi,
I have the same question that Farley has asked earlier.

I’m currently working for a company in the UK under a Tier 2 Work Permit (intra-company transfer from India). Is it possible to change employment within the UK on Tier 2?

#74 
Written By Rahul on May 4th, 2011 @ 8:40 pm

Hi,
I have a Tier2 VISA validity ending on Nov 2011 and COS corresponding to a customer (say a). I have come back to native. Now i have got another project thru my comp to UK corresponding to another customer (say b). So can i use my VISA which was taken for customer a, to work for customer b?

#75 
Written By Ambika on May 13th, 2011 @ 6:17 am

Hi there,
I was a student in UK for last 7 years and last year I have changed my status to PSW which runs out in July 2012. I am working for a company for last 5 years and recently got promoted but the matter of great regret is that the work I currently do is not my study related. I am also working for a Small organization voluntary, which is my study related. I have finished all my studies last year. What shall I do now. can I apply for ILR or change my immigration category to tier 2. I am not sure if my employer is registered or not. And I doubt that they will help me in this circumstance.

Please advice

#76 
Written By Sam on May 25th, 2011 @ 12:24 am

im 5 yrs working permit visa i got 6.15wage and they recruit me as senior carer but im working as assistant health care only but theres new law approved last april 6 2011.i will apply my ILR this sept 2011 im affected to this new law?do i need to find 7.02 wage?pls give me some news updates and advised about this new law. how much wage the home office demand? thank you

#77 
Written By joel on May 30th, 2011 @ 9:42 pm

my current employer has just sold off its maintenance department and my role as the waste officer has been moved to the FM department with the new contractor. how does this affect my tier 2 visa ?
do i need a new Certificate of Sponsorship? what will happen if the new employer does not have license to employ me , do i need to have a new RMLT done

#78 
Written By Micheal adebayo on June 22nd, 2011 @ 9:22 pm

Hi Charles,

Thank you for helping so many answer-seekers on here. To add to your ever-growing list, I had two quick questions regarding a change of sponsor / job under the Tier 2 visa. I am switching from Investment Banking (with a sponsored Work Permit) to Private Equity (presumably with a Tier 2), am aware that my new employer is a sponsor and the salary level should definitely clear whatever minimum threshold that is currently set. My questions are:

1) How long does a change of sponsor application generally take at the home office? I have been told that I do not need to leave the country for this purpose, but just want to get a rough idea of the time-frame

2) Does my passport need to be submitted to and remain with the Home Office for the duration of the application or is the passport requested for ’stamping’ of the visa only when the application is approved? Reason I ask this is because my current Work Permit (and the stamped visa) expires in 2013 and the visa stamped on my passport does not mention the name of the current employer. What if I need the passport to travel in-between? Can certified copies of the passport be left with the Home Office after showing them the original?

Many thanks for all your help.

#79 
Written By Rabeel on July 23rd, 2011 @ 3:14 pm

If you change employers you need to change Tier 2 sponsorship (work permit) and leave to remain, for which your passport will have to be sent to the UK Border Agency.

#80 
Written By Charles Kelly on July 25th, 2011 @ 1:17 pm

Hi,

I am a US citizen studying in Singapore, applying to do an internship in the UK through the BUNAC internship visa. I was hoping to see the sights in the UK upon expiry of my work visa.

1) I was wondering if I am allowed to stay on on a visit pass for 2 weeks.

2) Is it possible to leave the UK for France and return to the UK a day later to commence a visit pass?

Thanks a lot

#81 
Written By Paul on August 16th, 2011 @ 10:16 pm

Can my employer sponsor my partner who was currently in the philippines to come in the uk as a tourist visa?

#82 
Written By beklat on August 17th, 2011 @ 10:28 pm

Hello,

Im working in Uk with a Valid 2 tier Visa valid until 2013, however if i wish to change my employer in this course of time, would this be possible? If yes , could you please state the procedure that i would have to follow.

Many Thanks

#83 
Written By G.M on August 28th, 2011 @ 11:01 am

I am a work permit holder and recently got married to a woman from my home country. What application form she should use to apply for visa as my dependant? There is no longer a work permit holder dependant application form. There is a form for dependants of Tier2 workers VAF10, but I am not one. Could you advise please? Thank you.

#84 
Written By Serge on August 31st, 2011 @ 11:56 am

I geo from scotland now I am holding a tier2 work permit Visa,I wish to change my Employer pls help me what is the formalities

#85 
Written By Gijokunjappan on September 1st, 2011 @ 10:50 am

Hi,
I’m a Sri Lankan and currently I’m working in UK under TIER 1 General-Dependent VISA.I’m planing to switch to TIER 2 General category as a main applicant.So when I apply the Tier 2,Can I switch inside the UK or Do I have to apply from Sri Lanka?
Thanks

#86 
Written By Dan on October 9th, 2011 @ 5:02 pm

hi i am in student visa my visa is valid untill 2013 but my college is closed and i have not got any advice from ukba pls tell me whether my dependent can stay and work untill my visa valid

#87 
Written By etihas sharma on October 10th, 2011 @ 9:48 pm

UK based question.
I have a colleague who has a Tier2 application going through appeal.
What would happen if their position were to be made redundant and had to leave the company?
Would their Tier2 application be thrown out and my colleague deported?

#88 
Written By Steven Watmough on November 23rd, 2011 @ 12:14 pm

I am a Tier-2 Holder, and stayed in UK around 15 months. I left UK and stayed out side now 8 months over, Can I reurn back with my old Tier-2 visa

#89 
Written By Biby Gimpson on November 30th, 2011 @ 10:25 am

How long does it take for an employer to obtain a sponsorship licence. ?

#90 
Written By david on December 2nd, 2011 @ 5:49 pm

Hello,

I am holding Post Study Work Permit and working in private firm. My employer recently has applied of Sponsorship License for me. I have left 2 months to expire my Visa. My concerned is, if Home office take a decision to give Sponsorship Licence late (after my Visa Expire), can I apply for work permit from my country on the same license?

Second, can you advise me how long Home office take to process CoS application.

Thanks for your advise in advance

#91 
Written By Touqeer Muhammad on December 4th, 2011 @ 9:34 pm

You can go home and apply for the working visa.

#92 
Written By Charles Kelly on December 5th, 2011 @ 12:45 pm

Hi I am on a tier 2 work permit and have recently lost my job but my visa is valid till 2012 aug. Am I allowed to stay to look for a job while my permit is still valid? I have been in the uk since 2005 July on a student visa and have been working since 2008 June.
What are my options

#93 
Written By Shveta on December 7th, 2011 @ 11:06 pm

Is Graff Diamonds Plc located at at uk flagship store no.8 new bond street London w1s 3sj UK is really hiring for an office staff, I already holding Sponsorship Certificate how will i know if my employer is already registered in sponsoring working visa?could you give me the information where can i find the list of the homes or employer who are already registered in your office.thank you so much.

#94 
Written By Caroline Marzo on January 18th, 2012 @ 2:31 am

I have to totally agree to this author. My wife’s work permit is rejected because of the delay in issuing license to her company and wrong skill code filled in by her employer on cert. of sponsorship.

We need some legel help. Any suggestions?

#96 
Written By Anbu on January 20th, 2012 @ 10:59 pm

Talk to a qualified immigration adviser. Too many DIY ‘penny pinching’ employers do not know what they are doing and mess up migrants lives while they botch up applications. They think it’s so easy and have a go themselves, but more often than not cock it up leaving the migrant worker in deep trouble. Bison UK have been arranging work permits for over 12 years. Try calling them for advice during the week on 0208 905 1822.

#97 
Written By Charles Kelly on January 21st, 2012 @ 1:23 am

Hi, I am currently on a Tier 2 work permit, valid till Dec 2012. I got married three months ago and now my wife is here with me in the UK as my dependant. We applied from India as she is from there.

My question is, do I (as the main applicant) need to fill our a ‘Change in Circumstance’ form to inform the Border agency that I have a dependant now? I mean, the form says that we must fill one out if a marriage breaks down & I can see why, cause of the dependant not being able to stay in the UK legally. But does it also apply for getting married? After all, I did mention my sponsorship number and all my details when we applied for her dependant visa.

Thanks in advance.

#98 
Written By Shen on January 29th, 2012 @ 11:12 am

hii..i am rn working in nursing home..recently i was offeres a shortage listed job in nhs..i got sponsorship and applied for visa .my sponsorship denotes the start of employment date as april 4.am i allowed to work before that..i am currently on tier 2 visa with a different employer..awaitng your rsponse…thanks

#99 
Written By reeba cheriyan on January 31st, 2012 @ 11:50 pm

You should take proper advice before jumping ship or changing your visa.

#100 
Written By Charles Kelly on February 1st, 2012 @ 5:31 pm

Hi,
I am currently working as an engineer in a company under my PSW visa permit which is valid till 12 Feb 2012. My company applied for Sponsorship licence and after UKBA representative viewed the company site verbally said the company is rated A and paper works for “certificate of sponsorship” would be send to the company by post.
We are still waiting for certificate of sponsorship. My question is how long does the process of issuing a “COS” (Certificate of Sponsorship) No takes. Also I would like to know what is my deadline to post my document?
You know due to time shortage I might need to send it in one or two days before my visa expiry! Do you think would it cause a problem for me?
Thanks for your advise.
Akbar Jamshidi

#101 
Written By Akbar Jamshidi on February 1st, 2012 @ 9:11 pm

You must get your FLR form off before your visa expires, if this is not possible due to the delays in issuing the CoS, you can go home and apply for your visa from there. The important thing is not to overstay your visa.

#102 
Written By Charles Kelly on February 2nd, 2012 @ 12:11 pm

Hi,
I am holding tier2 ICT visa and the visa got extended one time in 2010 .Now the Visa is going to expire in couple of months can i extend 2nd time with the same visa?Could you please answer mu question

#103 
Written By SenthilKumar on February 4th, 2012 @ 1:11 pm

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