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Unrestricted CoS work end date - Tier 2 Visa Extension

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

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caang
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Unrestricted CoS work end date - Tier 2 Visa Extension

Post by caang » Wed Nov 09, 2016 12:01 pm

Good morning everyone and Manci too,

I would just like please a bit of help and clarification about the unrestricted CoS that was recently released for me. So, the following are in this newly released CoS that will be used for my extension application under Tier 2 General:

New CoS assigned date: 09 November 2016
New CoS work start date: 01 February 2017
New CoS work end date: 01 February 2020

Also, my current visa date info are below:

Current visa valid from 20 December 2013
Current visa expiry: 31 January 2017

It is understood that Tier 2 General visa can be extended for up to another 5 years, as long as the total stay is not more than 6 years. Now given that my current visa has been valid from 20 December 2013 and counting a maximum of 6 years from this, the 6th year would be around 20 December 2019 or 21 December 2019. Considering this, would there be an issue with my newly released CoS “work end date” of 01 February 2020? Because as one would see, from 20 December 2013 when my original/first Tier 2 General visa became valid, the 01st of February 2020 work end date on my new CoS counts to more than 6 years (6 years, 1 month and 11 or 12 days to be exact). Will this be an issue when I submit my application for Tier 2 General visa extension? Or is this 01 February 2020 work end date as keyed in my CoS just all right?

Would greatly appreciate your help and assistance.

Thank you,
Caang

iworker
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Location: Hampshire
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Pakistan

Re: Unrestricted CoS work end date - Tier 2 Visa Extension

Post by iworker » Wed Nov 09, 2016 12:36 pm

No issue.
Just file the application and they will adjust the end date accordingly.

caang
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Posts: 15
Joined: Sun Dec 08, 2013 2:30 am

Re: Unrestricted CoS work end date - Tier 2 Visa Extension

Post by caang » Wed Nov 09, 2016 1:03 pm

iworker wrote:No issue.
Just file the application and they will adjust the end date accordingly.

Thank you so much iworker, really appreciate. :)

caang
Newly Registered
Posts: 15
Joined: Sun Dec 08, 2013 2:30 am

Re: Unrestricted CoS work end date - Tier 2 Visa Extension

Post by caang » Fri Nov 11, 2016 10:28 am

Hi iworker and everyone,

Came across this post which prompted me to ask a followup question:

http://www.immigrationboards.com/uk-tie ... 19547.html

My newly released CoS used in my extension application under Tier 2 General as per my original post has the below details;

Work start date: 01 Feb 2017
Work end date: 01 Feb 2020

Current visa valid from: 20 Dec 2013
Current visa valid until: 31 Jan 2017

Now building on the situation raised in the post by sadietaber with link copy-pasted above, below are details of my first/old CoS under Tier 2 general:

Work start date: 17 Jan 2014
Work end date: 17 Jan 2017

Again, current visa details are:

Current visa valid from: 20 Dec 2013
Current visa valid until: 31 Jan 2017

The question now is given that my old/first CoS used in my original/first Tier 2 General application had end date of 17 Jan 2017 and my newly released CoS has start date of 01 Feb 2017, will this gap from 17 Jan 2017 to 01 Feb 2017 be a ground for refusal or rejection of my extension application? Will this be an issue because there's no continuity in the end date of old/first CoS and start date of new/second CoS?

Will greatly appreciate your help and assistance,
Caang

eduleal
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Posts: 181
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Re: Unrestricted CoS work end date - Tier 2 Visa Extension

Post by eduleal » Fri Nov 11, 2016 11:05 pm

This should be no worries at all, the dates in your valid visa are the ones that matter...

caang
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Re: Unrestricted CoS work end date - Tier 2 Visa Extension

Post by caang » Sat Nov 12, 2016 9:13 am

eduleal wrote:This should be no worries at all, the dates in your valid visa are the ones that matter...
Thank you eduleal. You echoed what the UKVI contact centre agent had said to me yesterday when I phoned them after posting my follow-up question here. He said that gap in the old CoS start date and new CoS end date should not matter at all because my visa is still valid until before the start date on my new CoS. Thanks again!

caang
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Posts: 15
Joined: Sun Dec 08, 2013 2:30 am

Re: Unrestricted CoS work end date - Tier 2 Visa Extension

Post by caang » Mon Nov 21, 2016 5:45 pm

Hello everyone,

Just another question. For those who did the Tier 2 extension, did your sponsors answer Yes to the question "Have you met the resident labour market test?" on your CoS? I understand that if it's an extension, the RLMT is not required. Paragraph 218 of the Tier 2 Policy guidance (Version 04/2016) states:
"218. A resident labour market test is not required for extension applications."

However, would it hurt if Yes is the answer to this question on the CoS?

Thank you,
Caang

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Djsuccess
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Nigeria

Re: Unrestricted CoS work end date - Tier 2 Visa Extension

Post by Djsuccess » Mon Nov 21, 2016 6:11 pm

caang wrote:Hello everyone,

Just another question. For those who did the Tier 2 extension, did your sponsors answer Yes to the question "Have you met the resident labour market test?" on your CoS? I understand that if it's an extension, the RLMT is not required. Paragraph 218 of the Tier 2 Policy guidance (Version 04/2016) states:
"218. A resident labour market test is not required for extension applications."

However, would it hurt if Yes is the answer to this question on the CoS?

Thank you,
Caang
You must answer yes and then give the reason why you met the RLMT.

You can then quote paragraph 218 of Tier 2 policy guide "A resident labour market test is not required for extension applications" as the reason why you have met the RLMT.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

caang
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Posts: 15
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Re: Unrestricted CoS work end date - Tier 2 Visa Extension

Post by caang » Mon Nov 21, 2016 6:30 pm

Thank you Djsuccess and hi again everyone,

Now as another question and maybe a little bit more complex. Situation is detailed below:
Sponsor note is added to CoS stating new dates as below:

Work start date: 18 January 2017 (following the end date of the first CoS used in first Tier 2 application)
Work end date: 20 December 2019 (the 6th year from the time Tier 2 was first granted back in December 2013).

IHS has already been paid before said sponsor note above was even added and so the dates used in that IHS payment are the original CoS work start and end dates of 01 February 2017 (date after current visa expires) and 01 February 2020, respectively. This thing about the IHS is also mentioned in the sponsor note stating further to please adjust the inclusive dates of the IHS if there’s a need, according to the CoS date amendments.
Would there be issue in the above case?

Caang

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Djsuccess
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Nigeria

Re: Unrestricted CoS work end date - Tier 2 Visa Extension

Post by Djsuccess » Mon Nov 21, 2016 6:39 pm

caang wrote:Thank you Djsuccess and hi again everyone,

Now as another question and maybe a little bit more complex. Situation is detailed below:
Sponsor note is added to CoS stating new dates as below:

Work start date: 18 January 2017 (following the end date of the first CoS used in first Tier 2 application)
Work end date: 20 December 2019 (the 6th year from the time Tier 2 was first granted back in December 2013).

IHS has already been paid before said sponsor note above was even added and so the dates used in that IHS payment are the original CoS work start and end dates of 01 February 2017 (date after current visa expires) and 01 February 2020, respectively. This thing about the IHS is also mentioned in the sponsor note stating further to please adjust the inclusive dates of the IHS if there’s a need, according to the CoS date amendments.
Would there be issue in the above case?

Caang

I honestly don't have answer to your recent question. Perhaps people who have experienced similar situation can help.
One of the things I have read here is the possibility of asking for a refund for the IHS and then make another payment for a fresh IHS with the correct details. You have nothing to lose other than waiting for a few days or weeks for your refund to come back.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

caang
Newly Registered
Posts: 15
Joined: Sun Dec 08, 2013 2:30 am

Re: Unrestricted CoS work end date - Tier 2 Visa Extension

Post by caang » Wed Jan 11, 2017 12:55 pm

Hello everyone in this post. Thank you for all your kind assistance. I have now got my visa extended. :)

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