Tier 4 DES switch to 5 year Tier 2

[ktyagi]

I have recently received my CoS information to apply for a Tier 2 Visa. The duration of my CoS is 3 years ( although my employer said that they can extend it). The job for which this CoS was issued is full-time permanent and the SOC code on the CoS is for a PhD level job. I completed my PhD in Dec. last year and at the moment, I am on Tier 4 DES Visa and my wife is on Tier 4 Dependent.

I would like to get the duration on CoS extended to 5 years so that I can apply for a 5 year Tier 2 Visa for myself and 5 year Tier 2 Dependent for my wife (hoping to somewhat safeguard us from the upcoming changes in Tier 2 rules).

Can anyone please suggest/confirm that for someone in my situation would/wouldn't have problems in obtaining a 5 year Tier 2 visa?

Thank you all!!
Best,

[iworker]

When filling the cos, the employer has to put in start date and end date. Once assigned, the cos can not be changed or amended. They can, however enter some notes in the cos. I have recently seen a case where the notes were entered to alter the end date by few months (still within 3 months) and UKVI has failed to take note of it. So i am not sure if you should take the gamble. The reason i say its a gamble is, u might end up paying higher fee (for 5 year visa) and end up with a 3 year visa. Choice is yours after all.

[ktyagi]

When filling the cos, the employer has to put in start date and end date. Once assigned, the cos can not be changed or amended. They can, however enter some notes in the cos. I have recently seen a case where the notes were entered to alter the end date by few months (still within 3 months) and UKVI has failed to take note of it. So i am not sure if you should take the gamble. The reason i say its a gamble is, u might end up paying higher fee (for 5 year visa) and end up with a 3 year visa. Choice is yours after all.

Thank you, I will confirm this with my employer, as to what it means when they say CoS duration can be extended.

The CoS in my case should have been the unrestricted one. Even the unrestricted CoS can not been amended?
Assuming that even the unrestricted CoS can not be amended, perhaps I can ask them to reapply for another CoS with 5 years duration. In that case, can you or others suggest if there will be any problem in going for a 5 years Tier 2 visa from a Tier 4 DES?

[luckysunny]

If your employer puts 3 years on your COS, the visa will be for 3 years. If your employer puts 5 years on your COS, the visa will be for 5 years. As the poster above says: if a sponsor note is placed, there is no guarantee that UKVI will take the note into consideration.

Also, your employer is right about a 3 year visa being able to extend. The visa can be extended after the 3 years visa is granted, and after you start working.

Importantly, the salary requirements for the job differ in some cases regarding a 5 year visa or 3 year visa. You would need to check if this would affect you in any way.

You may read under appropriate salary rates here, to see if this would affect you:

https://www.gov.uk/government/uploads/s ... _final.pdf

Also, the health surcharge is higher if you apply for a 5 years visa.

When filling the cos, the employer has to put in start date and end date. Once assigned, the cos can not be changed or amended. They can, however enter some notes in the cos. I have recently seen a case where the notes were entered to alter the end date by few months (still within 3 months) and UKVI has failed to take note of it. So i am not sure if you should take the gamble. The reason i say its a gamble is, u might end up paying higher fee (for 5 year visa) and end up with a 3 year visa. Choice is yours after all.

Thank you, I will confirm this with my employer, as to what it means when they say CoS duration can be extended.

The CoS in my case should have been the unrestricted one. Even the unrestricted CoS can not been amended?
Assuming that even the unrestricted CoS can not be amended, perhaps I can ask them to reapply for another CoS with 5 years duration. In that case, can you or others suggest if there will be any problem in going for a 5 years Tier 2 visa from a Tier 4 DES?

[ktyagi]

Thank you,

Referring the appendix J, it seems that I meet the salary requirement for experienced or longer than 3 years visa with the relevant SOC code (2112). There are two rates indicated there, when the source is NHS then the threshold should be for Grade 7, when the source is others then it is for an experienced worker.

I know that a 5 year application will be significantly more expensive than a 3 year one (difference is ~£2100 for 2 applications). But, I am ready to bear this because if it ensures that my wife will be able to work for 5 years then it will easily offset this difference in expenses.

Now I will have to check with my employer if they are ok with applying for a new CoS. I do not understand why they put 3 years in the first instance without any consultation, especially when the job is permanent.

[ktyagi]

Also, your employer is right about a 3 year visa being able to extend. The visa can be extended after the 3 years visa is granted, and after you start working.

Well, my employer specifically said that the Length of CoS is 3 years and it can be extended. They did not say that Visa can be extended, which will of course be true if the CoS is extended.

[luckysunny]

As the person above stated, when filling the cos, the employer has to put in the start date and the end date. Once assigned, the cos can not be changed or amended. They can, however enter some notes in the cos.

If you're still in doubt, simply ask your employer how they can "extend" a COS that is already assigned. Perhaps your employer knows something that we don't.

Best wishes - I hope everything works out for you.

Also, your employer is right about a 3 year visa being able to extend. The visa can be extended after the 3 years visa is granted, and after you start working.

Well, my employer specifically said that the Length of CoS is 3 years and it can be extended. They did not say that Visa can be extended, which will of course be true if the CoS is extended.

[ktyagi]

Thank you, I am in no way arguing against what you have said. I was just emphasising that my employer believes that the CoS can be extended and they did not mean that the visa can be extended if and when needed (this is what I understand from the communication between them and myself).

Of course what they believe might be risky. That is, they might think that adding a sponsor's note is the way to ensure amendment, which as you and iworker have pointed out could be risky. I have already written an email to my employer about this with the information that you have provided. Let us see how it goes.

Cheers!

[luckysunny]

Yes, I understand. I hope everything goes well. Your employer can also call the employer helpline to get more information. Calls are free. Telephone: 0300 123 4699

Cheers!

Thank you, I am in no way arguing against what you have said. I was just emphasising that my employer believes that the CoS can be extended and they did not mean that the visa can be extended if and when needed (this is what I understand from the communication between them and myself).

Of course what they believe might be risky. That is, they might think that adding a sponsor's note is the way to ensure amendment, which as you and iworker have pointed out could be risky. I have already written an email to my employer about this with the information that you have provided. Let us see how it goes.

Cheers!

[ktyagi]

Hello again,

A strange twist. I got reply from my employer. They said that while applying for my CoS they had only two options to choose from, 2 years or 3 year, and they chose 3 years. There was no 5 years choice.

Can any one please shed some light on this? As to what could possibly the reason behind not getting a 5 years option.

Thanks!

[ktyagi]

I finally asked for a copy of the CoS from my employer and looks like that the category assigned is wrong. I should be in Tier 2 (General – Tier 4 Graduate switching into Tier 2), but they have put it as Tier2 (General Changes to Employment). Although I am working full time, but I am on a Tier 4 dependent visa. I called up UKVI on 03001234699 and I was told that it happens frequently that employers make minor mistakes in category and it should not affect my application in any wrong way and I should be able to apply with the same CoS.

Is it possible that because of this my employer could not pick 5 years? I am thinking of requesting them to apply for a new CoS with proper category, but not sure if they will be able to pick 5 years then. I dont want to hassle them un-necessarily either.

Does any one have any advice to offer?
Thank you!

[ktyagi]

I am on a Tier 4 dependent visa

Sorry for that.... I am on a Tier 4 DES visa.

Can any one please offer advice as I have to decide if I should ask for another CoS

[abubakr]

Hi I have a question:

While switching from tier 4 (DES) to Tier 2, does the employer need to do the resident market labour test?