Dear Sir,

I am a dental nursing student and is working part time as a dental nurse in a dental surgery as part of my practical training. The surgery has now been granted the Tier 2 sponsor licence and they are willing to grant me a job offer. But my employer told me that they don't currently have any certificate of sponsorship and they will be applying for additional certificates of sponsorship. My course has not finished but my visa is finishing on 31st December 2010. In this circumstance could you please advice me what to do whether to apply for the Tier 2 visa or extend my student visa?

Anitha London

Dear Anitha,

Since 19th July the UKBA is not awarding any certificate of sponsorships to new entrants in the Tier 2 entrants list. This was the reason why your employer was not granted any certificate of sponsorships. This has happened due to the Immigration Cap adopted by the UKBA in July 2010. At present UKBA is granting additional certificate of sponsorship only for the purpose of extension of Tier 2 visa of existing work permit or Tier 2 visa holders and as far as we are aware no new COS were issued for new Tier 2 visas. The last month UKBA had stated that they will not be considering the grant of COS to any jobs even on the shortage occupation list if the salary is below £20000. Therefore in this circumstance it is highly unlikely that your employer will be granted an additional Certificate of sponsorship to sponsor you as a Tier 2 Migrant. Even though you can apply for the Tier 2 visa 28days before the grant of a COS, as in your case the chance of getting a Certificate of Sponsorship is very slim and therefore we would not advise you to make an application for the Tier 2 visa. Our advice would be to apply for the extension of student visa.

Paul John

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