On Tier 2 visa, my job under ‘Not in the Shortage of Occupational List', left Employment, found a new job, they carried out Resident Labour Market(RLMT), employer paid Immigration Health Surcharge (IHS), issued Certificate of Sponsorship (CoS) under Tier 2 General and I applied.
Before submitting, I found CoS issued was: “Switching Immigration Category”. While I am still on valid Tier 2 and without curtailment of leave, CoS should been issued under ‘Change of Employment – ISC liable’ instead. I enquired this to the HR, they reported they issued under this same category to recent employee who was switching employer to them and issued Tier 2 visa.
Please advise:
1. HR should cancel wrongly issued CoS and apply new CoS?
2. I withdraw my Tier 2 application and submit new one?

Areas of Expertise: 

Public Answer: 

Thank you for your enquiry.

Your HR team should contact the UKVI Business Helpdesk and raise this as a query to them. The Helpdesk is a dedicated team at the Home Office who can deal with such matters. Employers should always issue a CoS under the correct condition and if there is an error, this must be raised with the Home Office immediately.

We cannot advise on whether an application should or should not be withdrawn without further details from you. Please contact our office to arrange a consultation to allow us to advise you further.

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