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ILRApplication01 wrote: ↑Sun Jan 27, 2019 5:45 pmDear members,
Our company has one unrestricted CoS available for the current year, the certificate will expire on 5th April. We have a Tier 2 employee whose current visa will expire on 12 May 2019. We would like to continue to employ her but we have three questions, hopefully, someone can answer them.
1) Can we assign the UCoS on 15th of March with the start date of 13 May 2019 (the day after her current visa expires), will she still be able to use the certificate even though certificate was issued to the sponsor to be used by 5th April 2019. The employee can apply for the extension on 16th of March.
My understanding is if you assign the UCoS on 15th of March, it can be used by the migrant you have
assigned it to in support of their application at any time during the 3-month
period from the date it was assigned. I think the certificate needs to be assigned by 5th April 2019, not used by 5th April 2019.
If you assign the UCoS on 15th March, the employee can apply straight away for the start date of 13 May 2019 (a migrant cannot apply for Tier 2 or Tier 5 leave more than 3 months in advance of the start
date stated on their CoS.)
2) Can we assign the UCoS on 15th of March with a start date of 01 Apr 2019, the employee can apply for the extension on 16 Apr 2019. This option will ensure that the employee will lose a fewer number of days on her new visa when she gets the 3-year extension.
No, When you assign a CoS to extend a migrant’s leave in the same tier and
category, the start date on the CoS should be the day after their current leave
expires but the migrant cannot apply for leave more than 3 months before that
date.
3) The employee is currently employed under SOC 2137 (Salary rate new worker: £20500, experience worker £22000), her current salary is 32.5K but she may receive an increment in April/May so when we assign the UCoS, shall we mention on the certificate her current salary (32.5K) or the new salary which she may get in April/May time as part of annual review?
I would recommend her current salary, but not sure about this.
Thank you and Best Regards.