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LawyerDan90, Solicitor
Category: Immigration Law
Satisfied Customers: 254
Experience:  Expert
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I have got a CoS of healthcare worker to switch my visa from

Customer Question

Hi, I have got a CoS of healthcare worker to switch my visa from Tier4 to Skilled worker visa but I couldnt apply to switch my visa in time. Now I am back to my home country. I wonder if I can still use the same CoS to apply for my skilled worker visa from here?
JA: Could you provide me with any other relevant information about the situation surrounding the visa?
Customer: i am afraid there is nothing else.
JA: Have you already talked to a lawyer about the visa?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 15 days ago.
Category: Immigration Law
Expert:  LawyerDan90 replied 15 days ago.
Good morning, my name is ***** ***** I am a Solicitor. Please bear with me whilst I consider the full details of your question.
Customer: replied 15 days ago.
Hi Daniel. It is okay. Please take your time.
Expert:  LawyerDan90 replied 15 days ago.

Ok, so the answer is Yes you can because it would seem that you have only just left the UK. The requirement is that Skilled Worker visa holders applying for ILR must not have spent more than 180 days outside the UK in any 12 month period throughout the five year qualifying period. This is due to the requirement to show "continued residence" in the UK prior to making the application.

Expert:  LawyerDan90 replied 15 days ago.

does this clarify your question today?

Customer: replied 15 days ago.
I am not sure if that is my case. I am not currently hold a skilled worker visa. What happen was I have got the CoS to switch from my tier4 visa in to a healthcare worker visa. However, I did not get apply to switch my visa on time before my Tier 4 visa expired. As a result, I had to leave the UK and apply for my healthcare worker visa from Thailand. On the top of the Certificate of Sponsorship says: Skilled worker (switching from Tier4 to Skilled worker). I am afraid that if I used this CoS to apply for a visa from here, my application will get rejected.
Expert:  LawyerDan90 replied 15 days ago.

Ah ok, yes I completely understand your concern. Yes, in light of the fact your Tier4 visa expired and you are no longer in the UK this would be inaccurate to apply for a skill worker visa using this COS. I would strongly recommend that you speak with your employer to request a new COS which correctly states your new circumstances IE you will be making a fresh application for skilled worker visa

Expert:  LawyerDan90 replied 15 days ago.

I hope this makes sense? In the circumstances I do not recommend using your current COS until you have a new one.

Customer: replied 15 days ago.
Thank you so much.
Expert:  LawyerDan90 replied 15 days ago.

No problem happy to help. Please do not hesitate to contact me if you require any further help and assistance. Daniel