Tier 2 extension dates

[stella2022]

Hi there
I obtained a Tier 2 General Work visa on the 22 August 2019. However, the start date on my Certificate of Sponsorship was actually for the 12 August 2019 (with 11 August 2022 end date). (took a long time to get it)

I am now coming up to having to extend this into a Skilled Work Visa. Which date should my new CoS be based upon? Should it be for starting on 23 August 2022 (based on my actual visa), or 12 August 2022, the date the CoS is valid for?

Also, how would this affect my ILR application when it comes to that. I only actually arrived on the 10 September 2019 - does this mean I will be 18 days short of 5 years if my new CoS/visa is only until 22 August 2024?

Thanks!

[nightcrawler2u]

Hi there
I obtained a Tier 2 General Work visa on the 22 August 2019. However, the start date on my Certificate of Sponsorship was actually for the 12 August 2019 (with 11 August 2022 end date). (took a long time to get it)

I am now coming up to having to extend this into a Skilled Work Visa. Which date should my new CoS be based upon? Should it be for starting on 23 August 2022 (based on my actual visa), or 12 August 2022, the date the CoS is valid for?

Also, how would this affect my ILR application when it comes to that. I only actually arrived on the 10 September 2019 - does this mean I will be 18 days short of 5 years if my new CoS/visa is only until 22 August 2024?

Thanks!

From my experience extending the CoS is only relevant when applying and doesn't affect the start date of your new visa. The visa will be issues when UKVI issues it - 8 weeks after you've applied and submitted biometrics. So the CoS can be any date really. For me my visa expired in Nov and I applied for extension in Aug. So my employer made the CoS in Aug for me. Made no difference.

As for ILR - again its 5 years from your date of entry into the UK. You can apply for ILR 28 days before your 5 year anniversary as well so timing wise should be fine.

[ywlgy]

The official guidance is your employer will put the day after the current visa ends (should be 14 days after your old CoS end date) as the start date on your new CoS.
The 5y starts from the earliest of the issue dates on your BRP and your visa vignette if you apply from abroad. It is not based on you entry date!

[stella2022]

The official guidance is your employer will put the day after the current visa ends (should be 14 days after your old CoS end date) as the start date on your new CoS.
The 5y starts from the earliest of the issue dates on your BRP and your visa vignette if you apply from abroad. It is not based on you entry date!

That's helpful, thanks @ywigy.

Perhaps you could clarify for me:
- My initial visa vignette (from abroad) had the dates: 'valid from: 31/08/19. valid until: 30/09/19.' I'm not sure when it was issued, but I collected it shortly after 06/09/19.
- I arrived on the 10/09/19.
- My BRP card 'is valid to 25/08/22, issued on 06/09/2019) '

So is this correct?
- My sponsor will issue a CoS with start date 26/08/2022 and end date of 25/08/2024.
- My new visa / BRP card will be valid to 08/09/2024 (14 days after end date on CoS)
- My 5 yrs would have started on 06/09/19 (issue date on BRP) and I will be able to apply for ILR on the 09/08/2024, being 28 days before 06/09/2024.

It would be great if someone could confirm that for me

[nightcrawler2u]

-My sponsor will issue a CoS with start date 26/08/2022 and end date of 25/08/2024. - Yes that's right.
- My new visa / BRP card will be valid to 08/09/2024 (14 days after end date on CoS) - If applying for a 2year extension, your new BRP will be valid for 2 years from when UKVI issue your visa. That depends on application date, biometrics, and processing time.
- My 5 yrs would have started on 06/09/19 (issue date on BRP) and I will be able to apply for ILR on the 09/08/2024, being 28 days before 06/09/2024. - Actually your ILR 5y will be calculated from 31/08/2019, and you can apply 28 days before that 5 y anniversary. So you can apply 03/08/2024.

[ywlgy]

- My new visa / BRP card will be valid to 08/09/2024 (14 days after end date on CoS) - If applying for a 2year extension, your new BRP will be valid for 2 years from when UKVI issue your visa. That depends on application date, biometrics, and processing time.
[/highlight]

OP is correct, new BRP will always expire 14 days after CoS end date, irrespective of visa issue date

[nightcrawler2u]

- My new visa / BRP card will be valid to 08/09/2024 (14 days after end date on CoS) - If applying for a 2year extension, your new BRP will be valid for 2 years from when UKVI issue your visa. That depends on application date, biometrics, and processing time.
[/highlight]

OP is correct, new BRP will always expire 14 days after CoS end date, irrespective of visa issue date

Ahh noted for the future for myself. Thank you!

[stella2022]

Actually your ILR 5y will be calculated from 31/08/2019, and you can apply 28 days before that 5 y anniversary. So you can apply 03/08/2024.

OK thanks. And it's 31/08/2019 because that's the earliest between the vignette 'valid from' date and the date my BRP was issued (06/09/2019)?

[nightcrawler2u]

Actually your ILR 5y will be calculated from 31/08/2019, and you can apply 28 days before that 5 y anniversary. So you can apply 03/08/2024.

OK thanks. And it's 31/08/2019 because that's the earliest between the vignette 'valid from' date and the date my BRP was issued (06/09/2019)?

Yes that's right. You visa started from the date on your Vignette so that's what you will use to calculate 5Y period.

[stella2022]

sorry - last question!
I can apply 8 weeks from inside the UK for my renewal visa. So, I can apply on 30 June 2022, which is 8 weeks before the 26/08/2022, which is the start date on my CoS, and 1 after my current visa expires (25/08/2022). Is that correct?

[ywlgy]

sorry - last question!
I can apply 8 weeks from inside the UK for my renewal visa. So, I can apply on 30 June 2022, which is 8 weeks before the 26/08/2022, which is the start date on my CoS, and 1 after my current visa expires (25/08/2022). Is that correct?

You can apply up to 3 months before the start date on your CoS.