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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 2772
Experience:  Director and Principal Solicitor. UK
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I want to switch from tier4 to tier2 visa, I have Indian

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I want to switch from tier4 to tier2 visa
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I have Indian citizenship no i havnt filed any documents
JA: Have you talked to a lawyer about the visa?
Customer: no because my company have just applied for their sponsorship licence
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi thank you for your enquiry and your patience.

What is your legal question and I can see if I can assist you?

Customer: replied 14 days ago.
my legal question is can I file my visa before the Cos arrive
Customer: replied 14 days ago.
???

Hi, no you cannot, you have to get your Certificate of Sponsorship first.I hope this answers your question and I would be grateful for your rating at your earliest convenience. Should you need to ask further questions after you rating just send them and i am happy to answer there is no additional charge. all the best

Customer: replied 14 days ago.
but my company have just applied for licence and I dnt knw how long it will take and my visa will expire in 30th january 2020

I appreciate that however the home office will not consider an application for a tier 2 visa without a COS. This is the main prerequisite and there is no way around it unfortunately. You only have to hope that their licence will be granted and they are able to allocate you the COS in time or at the very latest within 14 days of the date of your tier 4 visa expiring as that overstaying is often disregarded. There is no other option regrettably and I would be lying to you if I told you any different just to appease you. I have a duty to ensure you have the correct information so that you make an informed decision on your next steps

Customer: replied 14 days ago.
in worst case if it not arrive on time so I have to go back to my country and apply from their am I right

Worst case scenario yes and from outside you will no longer be switching so your employer will need to meet the Resident Labour Market Test and this will just mean they advertise the job for at least 28 days and show the home office that they could not fill the post with an EEA national before offering it to you.

Customer: replied 14 days ago.
but currently I have joined and started working since last 2 month

Well unless you are working for them under the 20hr allowed for students who are on Tier 4 that is not something you should be doing and you will get in trouble for even mentioning that.

20hr per week that is

Customer: replied 14 days ago.
yes but I have completed my degree so I am allowed to work 40hrs week legally
Customer: replied 14 days ago.
my question is till they receive sponsorship licence I am nearly here in UK but if not then they can send me the restricted Cos to me so will they still need to carry Labour market test

Hi, you had not said you have finished your degree so yes you are right you can do the 40 hours as you are not in uni and classed as on holiday.

You can only switch from within the UK, if you exit yes they will have to meet the RLMT.

Customer: replied 14 days ago.
how many days it take to received CoS after it application

Can take 3 weeks however the issue where you have such a limited time is with when your employer submits the application. They are only dealt with once a month and therefore if they miss the deadline for December it would only be looked at with the January batch. I think until they have their licence really everythingelse is academic. its the licence that is important as a first step.

All the best.

Customer: replied 14 days ago.
I am hoping and bit sure the my company will get licence by 3rd week of january and my visa expires on 30th jan

they will have missed the deadline of first working day after the 10th day of the month for january and their application will be dealt with in February. This is assuming you are not under the restricted licence which has the option for urgent applications.

Customer: replied 14 days ago.
is it really possible, can you tell me roughly how much it cost and will I get chance to switch from here UK

How much what costs sorry?

Customer: replied 14 days ago.
for urgent application of Cos

Its possible they could get their licence in December if their paperwork is in order? and if they do you should be able to meet the deadline for you to apply for your own tier 2 visa. if by january they still dont have a licence then it will be impossible

Are you likely to get a restricted certificate? if so the urgent application will be an option and the fee is the same £199 however the application is sent to a dedicated team for urgent applications by email. the cost would be your employer's cost though not yours so you shouldnt have to worry about that.

If at all possible I am happy to speak to you on the phone so as to deal with all your questions at once. it saves from the back and forth of typing.

Customer: replied 14 days ago.
just one last question I am sure they wont get in december because on monday application will be submitted will it still possible to switch from UK

I thought they had already applied. There is no fast tracking the licence application. The timeframe for the sponsor licence is 8 to 10 weeks. then they have to apply for the COs which they can speed up if you are getting a restricted certificate. With your visa expiring end of January realistically I do not see it happening. Best case scenario is that their licence is processed within the minimum 8 weeks, that would take you to beginning of february already and your visa will have expired already. if you are getting a restricted certificate then its hoping they can applying for it urgently and that it comes out and you are able to apply for your visa within that 14 days in february. It seems quite impossible to me I am sorry.

I would be grateful if you can rate my assistance before logging off for JA to acknowledge my input into your enquiry. All the best

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