Can Employer issue a CoS less than 2 Years

[zaib2556]

Hello there

I am currently on Tier 2 General Visa, I am holding this VISA from the last 4 and half years. Now I have been offered a better job with better salary package with another tier 2 general sponsor. I have two questions

1. Can my new employer issue a certificate of sponsorship for the remaining 1 and half year to complete 6 years, as per new rule tier 2 can't be extended more than 6 years.

2. Or would they issue a CoS for three years and it is case worker who would calculate my remaining period and would allow me up till 1 and half year.

Very confused how would it work, and thank you very much in advance.

[iworker]

the 6 year max tier 2 cap doesnt apply to you as your initial tier 2 was given before the rules, so technically u can get as much of leave as u want.
However, if you are currently earning over 35k and will be eligible for ilr, it may be beneficial to get a shorter leave.
the employer can issue a cos for any duration. in your case, if you do not need a much longer leave, then it might be better to ask them to issue you a shorter cos as you will have to pay less for health surcharge (IHS)

[nisarmalik]

Yes for option 1.

[zaib2556]

Thank you very much for your help, I would go for a shorter leave to save NHS surcharges. However I am not clear on tier 2 cap. I was granted first leave in July 2011 for three years and second leave was granted in July 2014 for another 3 years, in total for six years which is confusing me because I think a six year leave has been applied in my case to cater tier 2 cap. What do you say?

Once again thank you very much

[iworker]

each time you were given 3 years visa as you had a cos of 3 years.
There is a limit that any person on tier 2 can only be given a leave of up to 6 years max, after which they have to serve a 1 year cooling off time in their home country, this rule/6 year max leave thing does not apply to you.

[zaib2556]

Many thanks