T4-T2 switch, startup in middle of licensing process: URGENT

Hi All
Hope you are having a nice holiday season
I am looking for some advice/reassurance and my question is 4-fold; i hope this is the right forum!

I am an American currently on a Tier 4 Student Visa that expires 22 January. I have been granted a job offer [signed temporary contract already from the 8th to 22nd with expectation that all this will be sorted by then] with a startup that does not yet have Tier 2 Sponsorship license. The job meets the level and salary requirements [have not yet sorted out the SOC code but it is 25k and a very highly skilled position]

My company began the sponsorship licence application process the week of 27 November and my boss is confident that he has ample time to secure my visa--I called UKBA yesterday and they said at this time of year the process takes 4-8 weeks. My questions are:

1/ is it possible this will all get worked out in time? I read so many horror stories on about the licensing taking up to 6 months. Is there anyway to expedite it on my end? The company is tiny [2 people, no HR structures officially in place] though they have been operational for a bit and it is not the owner's first business-does their start-up status cause a major issue? I am not entirely sure if my company has hired a lawyer or not though I do trust that my boss is doing everything in his power as I am now crucial to the company.

2/ If the process is finished at the very end of my T4 Visa's terms [say, the 18th?] can I still apply for the T2? Will I count as over-staying? I know UKBA will have my passport making it impossible to leave whilst they are processing my T2; am I overstaying if I am waiting for their answer for say, a month after my T4 expires?

3/ Is it at all possible to apply for the T2 if my company is still in the process of being licensed? I asked UKBA who said no but I have read that it can be done.


4/ if everything is completed after my T2 visa expires, how hard will it be for my company to issue me a CoS from overseas. I am currently eligible for RLMT exemption but won't be after the 22nd; do they need to re-list the job to prove RLMT at the point or can they use evidence from the first time the job was listed, before they applied for sponsorship?


Thank you so so so much,
UKBA has only been able to partially answer my questions so I thought someone with some experience here might be of more use

this has all been worrying me horribly and weighing on my mind so anyone with experience that can offer some advice or reassurance would be truly a gift.

Welcome to the forum .

1/ is it possible this will all get worked out in time? I read so many horror stories on about the licensing taking up to 6 months. Is there anyway to expedite it on my end? The company is tiny [2 people, no HR structures officially in place] though they have been operational for a bit and it is not the owner's first business-does their start-up status cause a major issue? I am not entirely sure if my company has hired a lawyer or not though I do trust that my boss is doing everything in his power as I am now crucial to the company.

Unfortunately, there's no way for you to expedite it - it's all in the hands of your company and UKVI now.

Honestly though, I don't think you're going to have enough time to get it before your visa is up - the whole process from applying for the licence to applying for the visa can take several months.  So even if the licence is granted soon, I have a feeling there won't be enough time to get the COS issued and then apply for the visa before January 22nd.

If the company already had a licence, you probably would have had enough time, because it would just be a case of them assigning a COS to you, but if they've only just applied for the licence, I don't realistically see it all being sorted out and you being able to apply for the visa in the next month, especially as it's the holiday period and everything tends to slow down at this time of year.

2/ If the process is finished at the very end of my T4 Visa's terms [say, the 18th?] can I still apply for the T2? Will I count as over-staying? I know UKBA will have my passport making it impossible to leave whilst they are processing my T2; am I overstaying if I am waiting for their answer for say, a month after my T4 expires?

The problem is that once the licence has been granted, the company then has to sort out a Certificate of Sponsorship for you and that can take another month or so to be granted - and you can't apply for your visa until after the COS has been issued.

They only process COS's on the first working day after the 10th day of the month (https://www.gov.uk/uk-visa-sponsorship-employers/sponsorship-certificates) - so next month, it will be January 12th (10th is a Saturday). However, in order to get the COS processed on the 12th, the company will need to get your COS application in before Jan 5th, because any COS applications received after Jan 5th won't be issued until February 11th.... which means they must have their sponsorship licence granted in the next 1-2 weeks to meet that deadline!

3/ Is it at all possible to apply for the T2 if my company is still in the process of being licensed? I asked UKBA who said no but I have read that it can be done.

Unfortunately, not, because you can't apply until you have your COS (it's the most important part of the application) and you can't get a COS until the company is a licenced sponsor.

4/ if everything is completed after my T2 visa expires, how hard will it be for my company to issue me a CoS from overseas. I am currently eligible for RLMT exemption but won't be after the 22nd; do they need to re-list the job to prove RLMT at the point or can they use evidence from the first time the job was listed, before they applied for sponsorship?

As you know, you are only exempt from the RLMT while you are in the UK on a valid Tier 4 visa. As soon as you leave/your Tier 4 expires, you have to pass the RLMT to get sponsorship for a Tier 2 visa.

Just looking at the guidance for Tier 2 sponsors, it looks like they have to apply for the COS within 6 months of carrying out the RLMT (page 93), unless one of the listed situations is relevant. So, I guess as long as they have evidence that shows they carried out the equivalent of the RLMT and they can apply for the COS within 6 months of it, you might be okay.

They only process COS's on the first working day after the 10th day of the month (https://www.gov.uk/uk-visa-sponsorship-employers/sponsorship-certificates) - so next month, it will be January 12th (10th is a Saturday). However, in order to get the COS processed on the 12th, the company will need to get your COS application in before Jan 5th, because any COS applications received after Jan 5th won't be issued until February 11th.... which means they must have their sponsorship licence granted in the next 1-2 weeks to meet that deadline!

I could be wrong here... but isn't that the process for restricted CoSs? When the company is issued it's license (and presumably they have sent in the very specific paperwork required), they can have requested to be given unrestricted CoS. So they might already have one when they are issued the license.

There was a time a couple years back when applications for being a sponsor were taking 6-8 months, creating a huge strain on a large number of companies (I was affected by this in 2012). However, normal processing times are closer to 4-8 weeks nowadays. With the holidays, maybe add another week or two - but really it is just a waiting game (and believe me I remember how stressful that job change was!!!).

There was a fella who changed into a tier 2 when his company had not been issued their license because of the delays. I think part of the reason he was successful was because there were such huge delays. Effectively the UKBA (which they were at the time) had been preventing him from starting his job... which is not really the case here. He requested that his application be held until his CoS was assigned; I think he also delayed taking his biometrics appointment for as long as possible.

It might be that your company can try getting your case treated as 'urgent'. You would need to supply a copy of your passport info page and your visa (or BRP) to your company.

That story and the solutions people were talking about (sorry if posting this link upsets anyone!):http://www.immigrationboards.com/uk-tier-2-employer-sponsored-visas/new-licence-for-small-company-t101222.html?hilit=delay sponsor license

Please note: sponsor licenses are taking nowhere near as long as this now!

I could be wrong here... but isn't that the process for restricted CoSs? When the company is issued it's license (and presumably they have sent in the very specific paperwork required), they can have requested to be given unrestricted CoS. So they might already have one when they are issued the license.

Oh, it could be, actually - I might have read that wrong.

If it's the case that the COS is issued with the licence, then there might just be time to apply for the visa... it's really all going to depend how long it takes them to process the licence application and if you get the COS in time to apply before your visa expires.

Thank you guys so much for getting back to me so quickly!
I double checked the UKBA Guidance [am going to ring them up in a bit to make sure] but I definitely need Unrestricted CoS


27.7 The following are exempt from the limit and we call these ‘unrestricted’ jobs, for which an ‘unrestricted’ CoS is needed:
a) New hires – high earners: Where the annual salary for the job is £153,500 or more.
b) All applications by migrants who are applying from within the UK, including those extending their stay in Tier 2, changing employer, or switching immigration category. The only exception to this is where the migrant switching into Tier 2 (General) is in the UK as a dependant of another migrant who was last granted leave under Tier 4 and will be paid less than £153,500. These dependants do count towards the limit and you must apply for a restricted CoS for them.

There is only information about the Restricted CoS application cycle--it doesn't appear that the "10th of the month" rule applied to Unrestricted CoS; U-CoS are never allocated, merely available

I think the best thing for me to due is talk to my employer once my temporary contract begins in the new year and perhaps try to file everything as 'urgent' if we are still waiting. He thinks there is 'ample time' to get everything done but I have less confidence in UKVI's efficiency.

Thank you guys so much for getting back to me so quickly!
I double checked the UKBA Guidance [am going to ring them up in a bit to make sure] but I definitely need Unrestricted CoS


27.7 The following are exempt from the limit and we call these ‘unrestricted’ jobs, for which an ‘unrestricted’ CoS is needed:
a) New hires – high earners: Where the annual salary for the job is £153,500 or more.
b) All applications by migrants who are applying from within the UK, including those extending their stay in Tier 2, changing employer, or switching immigration category. The only exception to this is where the migrant switching into Tier 2 (General) is in the UK as a dependant of another migrant who was last granted leave under Tier 4 and will be paid less than £153,500. These dependants do count towards the limit and you must apply for a restricted CoS for them.

There is only information about the Restricted CoS application cycle--it doesn't appear that the "10th of the month" rule applied to Unrestricted CoS; U-CoS are never allocated, merely available

Yeah, I think that's correct - I read it quickly this morning and thought it applied to all CoS.

It sounds like yours will be unrestricted, so hopefully it will be issued with the sponsor licence and you won't have to wait for it.

I think the best thing for me to due is talk to my employer once my temporary contract begins in the new year and perhaps try to file everything as 'urgent' if we are still waiting. He thinks there is 'ample time' to get everything done but I have less confidence in UKVI's efficiency.

Yeah, that's probably best. There's not a whole lot you can do right now as you just need to wait to see how long the licence takes and see if it can be processed as urgent if necessary closer to the time.

The company is tiny [2 people, ...]

Can a company that only has the owner and one other job, have a sponsorship licence for that job?

Can a company that only has the owner and one other job, have a sponsorship licence for that job?

I think this is merely classed as a 'small' company and I know it is not unheard of--they've been running in this state for some time, my position would be to take over some of the specific duties that the director and co-director have been tackling alongside everything else but it is a registered and established company