It is extremely important to ensure the Tier 2 Visa Certificate of Sponsorship (“Tier 2 Visa CoS”) is properly prepared; otherwise, the Tier 2 Visa application itself could be unsuccessful. Often our Solicitors hear of Tier 2 visa applications which are refused on the basis that information on the Tier 2 Visa CoS is incorrect, such as the potential migrant employee’s salary not meeting the appropriate salary requirement. If you are a Tier 2 employer or potential Tier 2 migrant, it is advisable to seek formal legal advice from our specialist business immigration team, in order to avoid mistakes being made and an application being refused.
What is a Tier 2 Visa CoS?
A Tier 2 Visa CoS is an electronic record which has a unique CoS number that a Tier 2 applicant will need in order to submit their Tier 2 Visa application. The Tier 2 Visa CoS includes important information about the job, such as the start and end dates, annual salary and details of the Resident Labour Market Test (“RLMT”). There are two types of Tier 2 Visa CoS; unrestricted and restricted.
When a Tier 2 employer applies for a Tier 2 Sponsor Licence, they will be asked to estimate how many Tier 2 Visa CoS they will need. An unrestricted CoS will give as many CoS’ as that business needs. A restricted CoS is for entry clearance Tier 2 (General) applicants who will earn less than £159,600 per annum and for family members of Tier 4 migrants who are switching into the Tier 2 visa. A restricted certificate will appear in the Tier 2 Sponsor’s Sponsorship Management System (“SMS”) account on the allocation date if the Tier 2 Visa CoS application has been approved. The CoS can then be assigned to a worker.
As we have written about many times during the last year, there is a limited number of restricted Tier 2 Visa CoS’ available each month; however nurses and other NHS staff are currently exempt from this quota, so there are currently more restricted CoS available.
What is the significance of having a properly prepared Tier 2 Visa CoS?
If the assigned Tier 2 Visa CoS is not properly prepared, then this can result in the Tier 2 visa application being refused. Whilst there may be a right to administrative review against a negative Tier 2 visa application decision, if it is the fault of the employer who assigned the CoS that meant the information is incorrect, then there is no basis for the administrative review as there is no error from the Home Office.
It is crucial to seek advice from qualified UK immigration lawyers at the beginning stage of a Tier 2 application; including assistance in obtaining a Sponsor Licence and CoS, in order to ensure that there are no blatant errors which could result in the application being refused. Our specialist business immigration team have a vast amount of experience in dealing with Tier 2 and other points based system applications. Therefore, contact our offices today in order to arrange a consultation with us.
Using Legal Representation to assign a Tier 2 Visa CoS
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct immigration and visa legal representatives to correctly assign a Tier 2 Visa CoS.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully assign a Tier 2 Visa CoS
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your Tier 2 Visa CoS and the merit of an application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 2 Visa CoS.
Contact our London immigration solicitors on 02071830570 or complete our contact form.