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Tier 2 visa early extension - period leave granted

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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CloeT
Newly Registered
Posts: 3
Joined: Mon Jul 28, 2014 9:41 pm

Tier 2 visa early extension - period leave granted

Post by CloeT » Wed Jul 30, 2014 9:52 am

Hi

I've phoned the UK visas and immigration department twice to find out about extending my visa early and I'm getting conflicting information. My question is:

If I apply to extent my Tier 2 general visa and my CoS states a period of 3 years from the current date, what period would be granted in the visa? This is if I pay the fee for a Tier 2 general visa 'up to 3 years'.

Background:
My visa will expire on 15 May 2015, and was originally granted for 3 years and one month (17/04/2012 - 14/05/15). I recently had a baby and wish to travel abroad, which means he needs to be added as a dependent - I would therefore rather like to extent my visa now rather than adding him now and pay again for the extension in May 2015.

However, after a total of 5 years in the UK (that would be on 1 May 2017, as we arrived in the UK on 1 May 2012), we would like to apply for Indefinite leave to remain and therefore this extended visa should be up at least 1 May 2017.

The first person that I spoke to at UK visas and immigration said the visa can only be extended for 2 years from the date on which you apply (so if I applied early that would imply I will have to extend again before applying for indefinite leave to remain). However, I pointed him to the section on the website that states the total period of leave granted can be up to 6 years. He then spoke to a colleague that said it depends on the dates on my CoS (so can be longer than 2 years) but they cannot tell me that it will be 3 years even if the dates on the CoS corresponds with that.

I phoned again today and spoke to someone else, he actually said that I cannot apply more than 28 days before the visa expired. When I asked him where I can find that guidance he pointed me to the Set O (settlement) guidance and said that applies to all visas (!). The section that he referred to stated a period of 28 days before the end of the qualifying period, but I think this is irrelevant to Tier 2 visa extensions.

Would someone please help and/or share their experiences?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 visa early extension - period leave granted

Post by manci » Wed Jul 30, 2014 10:24 am

you can extend your T2G visa any time with a new CoS. Your total stay is limited to 6 years but you will be eligible to apply for ILR after 5 years (May 2017). If you extend now you will only need to pay the lower visa fee as the extension can be for up to 3 years.

Make sure the CoS is also for 3 years, e.g 1 Aug 14 - 31 July 17, and that the job skill level is NQF 4 or above and you are paid the appropriate salary according to the current codes of practice.

CloeT
Newly Registered
Posts: 3
Joined: Mon Jul 28, 2014 9:41 pm

Re: Tier 2 visa early extension - period leave granted

Post by CloeT » Wed Jul 30, 2014 1:51 pm

Thank you so much Manci!

I'm an actuary (NQF 6 according to https://www.gov.uk/government/uploads/s ... MASTER.pdf). Actuaries where on the shortage occupation list when I moved over, but have since been removed - I assume this implies that I would need to pay the higher fees with the extension (£601 pp for visa of up to 3 years) rather than the shortage occupation fee (£428 pp for visas up to 3 years).

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 visa early extension - period leave granted

Post by manci » Wed Jul 30, 2014 9:01 pm

CloeT wrote:Thank you so much Manci!

I'm an actuary (NQF 6 according to https://www.gov.uk/government/uploads/s ... MASTER.pdf). Actuaries where on the shortage occupation list when I moved over, but have since been removed - I assume this implies that I would need to pay the higher fees with the extension (£601 pp for visa of up to 3 years) rather than the shortage occupation fee (£428 pp for visas up to 3 years).

yes

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