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Length of new visa shorter than first visa

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

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Tosh119
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United States of America

Length of new visa shorter than first visa

Post by Tosh119 » Mon Feb 22, 2021 4:20 pm

Hi,

I'm currently on a tier 2 visa with an issue date in November 2018, and I arrived in the UK in January 2019. My current visa is due to expire in November 2018. I've just got a new job with a different company, and they are working on issuing my sponsorship. They have told me that they are only able to issue it for 2 years with a start date in April 2021 and that it would be up to the Home Office if they wanted to make it longer. This would put me just a few months shy of being eligible for ILR in 3 years. I'm having trouble understanding why the first one was for 3 years, but they are only able to do the new one for 2 years, given that my current company would have to withdraw their CoS (I think?) for the new company to be able to issue the new one. Is this correct and is there any way I can get it for 3 years, so I don't have to apply for a new visa in a few years when I should be close to applying for ILR?

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CR001
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Re: Length of new visa shorter than first visa

Post by CR001 » Mon Feb 22, 2021 4:36 pm

It is wholly up to the sponsor how long they want to issue a cos for. Ask them for a 3 year cos and see what they say.

And no, your current sponsor does NOT have to withdraw anything. You are consuming yourself with something cpletely different here.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Frontier Mole
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Re: Length of new visa shorter than first visa

Post by Frontier Mole » Mon Feb 22, 2021 5:28 pm

Your prospective new employer can offer any period they choose up to 5 years on the COS. They might be thinking that the old rules that applied are still in place. This restricted the maximum stay to 6 years. Under skilled worker there is no maximum stay.

It could also be a way of minimising their costs by only offering 2 years or it could simply be a round about way of giving a two year fixed term contract.

There is no harm if asking for a three year COS, the Sponsor is not obligated to do so but if they were reluctant it may suggest that they are not wholly invested in you in the long term.

Tosh119
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Posts: 11
Joined: Sun Dec 02, 2018 6:50 am
United States of America

Re: Length of new visa shorter than first visa

Post by Tosh119 » Mon Feb 22, 2021 8:28 pm

Thank you, both! I did ask them about that, but they said they thought they were only allowed to issue it for up to 2 years because of my other visa. They did say they would ask someone who handles visas more to be sure, though. Hopefully it'll work out, and they'll be able to do it for 3 years!

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