Tier-2 Visa Total 6 Years Limit Count

[mashayekh_hosein]

Hello All,

In regard to the 6 years limit one can be on a Tier-2 visa, I have checked the immigration rules in periods of grant and could not understand if the start date and end date of visa is counted in the limit or not. May I ask how the limit counts. For example, if the first Tier-2 visa of one is issued on 13 Nov 2014, and now is applying for a change of employer with a new CoS, does the new visa cover until 13 Nov 2020, or 12 Nov 2020?

How exactly has the 6 years period counted in your Tier-2 visas, considering the start date and end date.

Many Thanks for your support.

[mashayekh_hosein]

Let me repeat my question in a different way to simplify: if I am applying for a change of employer under Tier-2 now and my original Tier-2 visa was issued on 13 Nov 2014, when is the latest date the 'End date' of the new CoS can be assigned for so that the 6 years limit rule is adhered to?
I really appreciate your support.

[CR001]

How long the CoS is issued for makes no difference and you would still apply for a 'upto 3 years visa' if the CoS is for 3 years. The VISA will only be granted up to the maximum of 6 years.

Members have applied for change of employer with a 3 or 5 year CoS even though they have been in the UK for 4 or 5 years and only get a visa up to the 6 year cap limit.

[mashayekh_hosein]

Just to update whoever may read this post in future, the end date is also counted toward the 6 years limit as was in my experience of application. In other words, in the above example, should someone first received their visa on 13 Nov 2014, the end date of the extension visa will be 13 Nov 2020 to meet the 6 years limit.

[silverocks]

Hi ..Thanks for sharing your info but could you please give a bit detail as I am going to switch employer and I have 2 years left like my first visa was issued on 16 June 2014 then extended on 2017 upto July 2020 but now want to switch so what dates should the new employer give on the COS. Thanks Again.

[aja]

Hi ..Thanks for sharing your info but could you please give a bit detail as I am going to switch employer and I have 2 years left like my first visa was issued on 16 June 2014 then extended on 2017 upto July 2020 but now want to switch so what dates should the new employer give on the COS. Thanks Again.

Dates requested on COS and visa validity date issued by HO are different as explained by @CR001.

In your case, your employer can issue you a COS with upto 3 years. For example if issued in May 2018, 3 years take it upto May 2021.
However, HO will issue your visa / BRP only till June / July 2020 ( Making your max stay in Tier 2 upto 6 years from your Initial grant of leave).

[silverocks]

Thanks for your reply. I understand the employer can issue 3 year cos but I dont want to pay IHS for 3 years as I only have 2 years left. SO if the cos is for 3 years, can I pay the IHS charge for 2 years? I am confused.

[aja]

I believe, you get a refund of IHS for the period you are not required to have.
Hope, someone who has had this experience of IHS partly refunded confirm.