Q&As

Where a Tier 2 sponsor employs a Tier 2 (General) migrant abroad before they come to the UK and they need to continue to work abroad for 28 days beyond the start date given on their Certificate of Sponsorship (CoS), will para 323AA(za) apply or is it sufficient for the sponsor to report the overseas location on the sponsorship management system (SMS)?

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Published on LexisPSL on 06/07/2018

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Where a Tier 2 sponsor employs a Tier 2 (General) migrant abroad before they come to the UK and they need to continue to work abroad for 28 days beyond the start date given on their Certificate of Sponsorship (CoS), will para 323AA(za) apply or is it sufficient for the sponsor to report the overseas location on the sponsorship management system (SMS)?

Where a Tier 2 sponsor employs a Tier 2 (General) migrant abroad before they come to the UK and they need to continue to work abroad for 28 days beyond the start date given on their Certificate of Sponsorship (CoS), will para 323AA(za) apply or is it sufficient for the sponsor to report the overseas location on the sponsorship management system (SMS)?

Practice Note: Sponsored employee: applying under Tier 2 (General) states:

‘The start date given on a CoS must be the intended date that the applicant will start working for the sponsor. Entry clearance can be granted no more than 14 days before the start date given on the CoS. It is open for a sponsor to amend the start date via the sponsor management system (SMS) until the point that entry clearance or leave to remain is granted. Once entry clearance or leave to remain has been granted, a Tier 2 (General) migrant’s start date cannot be changed to more than 28 days from the later of:

  1. the start date specified on the CoS, or as appropriately reported by the sponsor before entry clearance or leave to remain is granted,

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