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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have Tier 2 sponsor licence for my company which says that

Customer Question

I have Tier 2 sponsor licence for my company which says that i can issue 1 Unrestricted CoS. Now i am planning to issue that CoS to my brother, his academic details are as follows:
Masters Degree from the UK: MSc International Accounting and Finance
Professional Qualification: Chartered Institute for Management Accountants (Passed-finalist)
He has applied for extension under Tier 4 general and his application is under process.

As far as i have read on UKVI's guide, if you hold's a UK degree (Bachelors or Masters) then you are exempted from local labor test. do i still need to advertise the position?
And as far as i can understand, Unrestricted CoS could be issued to him as he is already in the UK.
There is one more thing written on sponsorship letter that, "You cannot issue an unrestricted CoS for a restricted job. What does restricted job mean there?
Can i issue CoS to my brother directly or do i need to involve someone else for that?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Sorry, you cannot issue the CoS to your brother, see page 24 of this Tier 2 guidance document:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/305304/Tier_2_5_Sponsor_Guidance_04-14.pdf

Restricted job means doctor or dentist training which does not apply in your case anyway.

Hope this helps


Customer: replied 3 years ago.

I think you have missed this part of my question.


"As far as i have read on UKVI's guide, if you hold's a UK degree (Bachelors or Masters) then you are exempted from local labor test. do i still need to advertise the position?
And as far as i can understand, Unrestricted CoS could be issued to him as he is already in the UK."

Expert:  UKSolicitorJA replied 3 years ago.
No need to advertise the position as the exemption would apply as he has received a masters and a CIMA finalist certificate in the UK as a tier 4 migrant.

However, the problem is that as an SMS user, you are prohibited from issuing a CoS to your brother.
Customer: replied 3 years ago.

Is it possible if i i give access of SMS to another person and he complete all the checks and issue CoS?

Expert:  UKSolicitorJA replied 3 years ago.
I am afraid not.

Please leave feedback as your questions have been answered.
Customer: replied 3 years ago.

Please have a look at the first few lines of the page 24 of the document that you referred in your very first reply. As far as i can understand, i can assign level two user of SMS system and that person would also be able to issue unrestricted CoS. And as my brother would not have any blood relation with him, so there would not be any issue. This is exactly what i was told by another immigration consultant. Please give it little more attention so that i may leave honest feedback on your profile. Thanks.

Expert:  UKSolicitorJA replied 3 years ago.
Yes, if the Level 2 user is somebody else (not you) then it would appear that they may assign the CoS to your brother as long as they are not related.

Hope this clarifies
Customer: replied 3 years ago.

well, I asked you the same question before and you said this cant be done, and then i did your job by further explaining the way it could be done and now you are saying it would appear that they may assign CAS. I was looking for an expert legal advice. I am sorry to say but it seems like you have not paid attention to my question or you dont have enough information on this particular subject and as a result i end up spending my own time in further research. If you have little or no knowledge of some thing then you must not take on that subject and advice wrongly. For that reason i am afraid i wont be able to give you good feedback.

Expert:  UKSolicitorJA replied 3 years ago.
I am sorry for the misunderstanding, as long as the other person is not related to your brother, then that is fine. I was looking at your original question which said you wished to assign the CoS and which I answered no.

I also gave you the guidance which is relevant here.

I do hope you will give good feedback.

Customer: replied 3 years ago.

If you look at my original question, it clearly says " Can i issue CoS to my brother directly or do i need to involve someone else for that?"


 


You gave me the guidance which could be found online easily. i am sorry, but i cant give wrong feedback, it needs to be honest. Just have look at the detail of your answer. Does that really justify what i asked? I had to ask you three times and later on had to find and explain the solution myself too.


 


This was the first time i tried this website, and i am not satisfied at all.