Tier 2 Extensions Query - Change in Sponsor

[vlad04]

Hi All,

I am on a Tier 2 General Visa, applied initially out of country in 2011 and was granted entry clearance until 2014 - I applied for an extension and this was granted to me expiring in 2017. I had a question regarding applying for an extension with a change of sponsor. If I was to apply in early 2015, for example (assuming no new rules come into play) and the new sponsor was to give me a 3/5 year CoS, would my visa then be extended until 2018/2020 or would I be restricted to the current expiry in 2017, given it is 6 years from when I first applied?

I am not sure if I fall under rules pre- 6 April 2011 or post 6 April 2011, given I applied before 6 April, but had my appointment at the embassy after 6 April, with entry clearance granted thereafter. CoS was from 30 March 2011. I was told by the immigration lawyers at the time that I should apply before 6 April 2011 to make sure the old rules apply to me, but it isn't clear if that is really the case. Not sure if this makes a difference, anyway.

Thanks for the help!

[manci]

it is the date of your entry clearance application that determines whether it was under the rules before or after 6 April 2011:

If you are applying from outside of the UK, the date of your application will be taken to be the date that the fee associated with the application is paid. This means the date shown on your payment receipt, which depends on how you paid for your visa application, for example, at a British Diplomatic Post, visa application centre or online.

[vlad04]

Thanks - in that case, I suppose I would be pre-April 6 2011, since payment was made on April 4.

In any case, how would this affect my position in terms of extension with a change of sponsor (or otherwise)?

[manci]

the 6 year cap on stay in the UK doesn't apply to you

[vlad04]

the 6 year cap on stay in the UK doesn't apply to you

Thanks again - that's useful, but I just wanted to clarify - if I look at the guidance in this link - https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

On page 7, it says that "if the application was granted leave before 6 april 2011 grant them the shorter of (i) 5 years from start date on CoS and End Date on CoS + 14 days" (i.e. excl the 6 year limitation) - i.e. not quite referring to the date of the entry clearance application, but to when leave was granted. Or are they considered equivalent in UKBA parlance?

[manci]

245HE(b)(i)(1)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[vlad04]

245HE(b)(i)(1)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

Thanks manci, that's very useful again. Could I just ask where you got the information on your first reply in this thread - that the date of the entry clearance application determines the applicable rules?

Thanks again for your help.

[manci]

@viad04
The rules that apply to an immigration decision are those in force on the date of the decision unless there are transitional provisions that override this general rule. These are usually in the Statement of Intent that introduces the change to the Immigration Rules.

For example, from HC 863: https://www.gov.uk/government/uploads/s ... /hc863.pdf:

The changes in this Statement shall take effect on 6 April 2011. However, in respect of all paragraphs of this statement with the exception of paragraphs 128 and 139 to 142, if an applicant has made an application for entry clearance or leave before 6 April 2011 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 5 April 2011.

see also vinny's post:
http://www.immigrationboards.com/indefi ... it=odelola