Tier 2 general visa extension - Is BRP end date always 14 days more than CoS End of Employment date

[acdindian]

Dear Team,

Hope you are well. I needed your help with the following input please:

I have been on tier 2 general visa (stamped in home country on 08/03/2017) and arrived in UK on 20/03/2017.

My spouse and daughter shifted from Tier 2 ICT to my tier 2 general dependent category on 16/09/2017 (date of issue on BRP) via an in-country application in the UK.

My current tier 2 general visa is valid till 14/02/2020 and we are in the process of renewal.

Can you please clarify, if all 3 of us can together apply for ILR on or after 19 August 2022 (28 days before the 5 year period for my spouse and daughter considering the 16/09/2017 date above and over 5 years for me). If so, it would help reduce the IHS fees by £200 per person (£600 in total), based on the IHS calculator, instead of having the visa for the entire 3 year renewal.

My employer is ok to put whatever date I want on the CoS, since I am paying for the visa from my pocket.

I checked the IHS online calculator and for the period from 15/02/2020 to 14/09/2022, it gives the IHS fees to be paid as £3000 for 3 people and anything beyond that date is £3600. So, I am thinking of asking them to put the CoS end date as 14/09/2022)

If applying for ILR on or after 19 August 2022 is possible, can we continue to live and work in the UK while the ILR application is considered (even after the tier 2 general visa date expiry which will be 14/09/2022).

Thank you for your patience and inputs for my question.

Regards

[acdindian]

Dear Team,

Given the above situation, can you also advise the following, please:

If the CoS end date is 14/09/2022, will the BRP have an additional 14 days on it for end date?
If not, my dependants will be completing 5 years on 15/09/2022 and will be 1 day short of 5 years - In this case, can we all apply for ILR 28 days before the 5 year period (on or after 19 August 2022), even though the total duration of the BRP/ CoS would be 4 years 11 months and 30 days for them? (I would have completed 5 years and 5 months by then, but they would be short by 1 day).

Thank you for your help.

[acdindian]

Dear Moderators,

Request if you could please help with this query.

Appreciate your inputs

Thank you in advance

Regards.

[acdindian]

Hi Team

Happy new year. My Tier 2 general visa is up for renewal - I wanted to check if it is a default norm that we get an additional 14 days on the BRP end date, from the CoS Employment end date mentioned, please.

For example, if the employment end date on the CoS is 14th September, do we get BRP end date as 28th September as the norm, please?

Thank you in advance

Regards

[SKJ1984]

Not sure you get that way.

My cos end date was 28-aug-2019.
Application was picked by caseworker on aug 15 and stamped.
End Date of visa: sep1 2022.

So end date is entirely up to caseworker. You may get any additional time between a day to a month. If you apply close to your cos date or after you might get 2 weeks additional. There are guideline new only on the start date.

[acdindian]

Thanks very much. Will I get at least 1 day more than CoS end date, since I will be 1 day short of completing 5 years as a dependent

[ukvisat2]

You may be granted leave for whichever is the shorter of:

i. to the job end date shown on your Certificate of
Sponsorship plus 14 days, or

ii. up to 5 years, or

iii. for the period of time to take your total stay in Tier 2
(discounting leave as a Tier 2 (Intra-Company Transfer))
to 6 years (this is counted from the date you were first
granted entry clearance or leave to remain). Please note
that the 6 years is not broken by any gaps between your
periods of leave. For example, if you have had 6 years’
continuous leave in Tier 2 (General) but you overstay for
10 days at the end of the 6 years before applying again,
the 10 days in which you had no Tier 2 (General) leave
does not mean you can qualify again. Similarly, if you
have overstayed up to 10 days in the middle of a period
of continuous leave, this does not mean you can qualify
for another period of leave to take your total stay in Tier
2 beyond 6 years.

https://assets.publishing.service.gov.u ... FINAL1.pdf

see page 51.

[ukvisat2]

Thanks very much. Will I get at least 1 day more than CoS end date, since I will be 1 day short of completing 5 years as a dependent

You will get 14 extra days unless you fall six years maximum leave on tier 2.
What is Tier 2 entry clearance issue date for the main applicant?

[acdindian]

@ukvisat.. thanks so much for your input. Here is the full context of my situation. Look forward to your input please.

I have been on tier 2 general visa (stamped in home country on 08/03/2017) and arrived in UK on 20/03/2017.

My spouse and daughter shifted from Tier 2 ICT to my tier 2 general dependent category on 16/09/2017 (date of issue on BRP) via an in-country application in the UK.

My current tier 2 general visa is valid till 14/02/2020 and we are in the process of renewal.

Can you please clarify, if all 3 of us can together apply for ILR on or after 19 August 2022 (28 days before the 5 year period for my spouse and daughter considering the 16/09/2017 date above and over 5 years for me). If so, it would help reduce the IHS fees by £200 per person (£600 in total), based on the IHS calculator, instead of having the visa for the entire 3 year renewal.

My employer is ok to put whatever date I want on the CoS, since I am paying for the visa from my pocket.

I checked the IHS online calculator and for the period from 15/02/2020 to 14/09/2022, it gives the IHS fees to be paid as £3000 for 3 people and anything beyond that date is £3600. So, I am thinking of asking them to put the CoS end date as 14/09/2022)

Also - if the end date of employment on the CoS is 14/09/2022, will we get an additional 14 days on the BRP, by default, please? If not, my dependants will be completing 5 years on 15/09/2022 and will be 1 day short of 5 years - In this case, can we all apply for ILR 28 days before the 5 year period (on or after 19 August 2022), even though the total duration of the BRP/ CoS would be 4 years 11 months and 30 days for them? (I would have completed 5 years and 5 months by then, but they would be short by 1 day)

Thanks in advance for your inputs.

Regards

[ukvisat2]

The maximum leave you can get is 06 years from the issue date 08/03/2017 (till 08/03/2023).
yes - you will get 14 extra days.

In the worst case, if you do not get an extra 14 days and a short of 1 day for your dependents, you can apply before the visa expiry date and enrol biometrics later (which you will normally 2 weeks or more from the date of application)

You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application
https://assets.publishing.service.gov.u ... 9.0ext.pdf

@ukvisat.. thanks so much for your input. Here is the full context of my situation. Look forward to your input please.

I have been on tier 2 general visa (stamped in home country on 08/03/2017) and arrived in UK on 20/03/2017.

My spouse and daughter shifted from Tier 2 ICT to my tier 2 general dependent category on 16/09/2017 (date of issue on BRP) via an in-country application in the UK.

My current tier 2 general visa is valid till 14/02/2020 and we are in the process of renewal.

Can you please clarify, if all 3 of us can together apply for ILR on or after 19 August 2022 (28 days before the 5 year period for my spouse and daughter considering the 16/09/2017 date above and over 5 years for me). If so, it would help reduce the IHS fees by £200 per person (£600 in total), based on the IHS calculator, instead of having the visa for the entire 3 year renewal.

My employer is ok to put whatever date I want on the CoS, since I am paying for the visa from my pocket.

I checked the IHS online calculator and for the period from 15/02/2020 to 14/09/2022, it gives the IHS fees to be paid as £3000 for 3 people and anything beyond that date is £3600. So, I am thinking of asking them to put the CoS end date as 14/09/2022)

Also - if the end date of employment on the CoS is 14/09/2022, will we get an additional 14 days on the BRP, by default, please? If not, my dependants will be completing 5 years on 15/09/2022 and will be 1 day short of 5 years - In this case, can we all apply for ILR 28 days before the 5 year period (on or after 19 August 2022), even though the total duration of the BRP/ CoS would be 4 years 11 months and 30 days for them? (I would have completed 5 years and 5 months by then, but they would be short by 1 day)

Thanks in advance for your inputs.

Regards

[acdindian]

Thanks very much..