Tier 2 visa longer than work contract?

[barbie1]

I applied for Tier 2 employer sponsored last year when I still had a couple of months left on my post study work permit, therefore they issued me with a visa 3 months longer than my current work contract. The job will renew the contract for 3 more months (coincidence) so can I stay on the current visa to work for them or do I need to apply again (I'd rather not) since in the letter of sponsorship the end date would be 3 months before visa expiry?

[manci]

In this situation the advice UKBA give is that you can continue working while you have valid leave, and beyond the work end date stated in the CoS, provided it is the same job for which the CoS was issued in the first place.

[barbie1]

In this situation the advice UKBA give is that you can continue working while you have valid leave, and beyond the work end date stated in the CoS, provided it is the same job for which the CoS was issued in the first place.

Thanks very much for the reassurance

[manci]

If your employer is also concerned about the situation ask them to phone the UKBA Employer Helpline (0300 123 4699) to confirm what I said in my post.

[geriatrix]

Hi,

I have been working in the same position initially using a post study work permit for a year and the next year by gaining a Tier 2. After 2 years, they renewed my contract for a further 5 years. Could you let me know if the new CoS application will cover an unbroken 5 year period? What is the maximum duration a CoS can be issued for?


Thanks!

[geriatrix]

Even if the CoS specifies a period of engagement as 5 years, the leave will be granted in line with the immigration rules.

245HE. Period and conditions of grant

[barbie1]

Even if the CoS specifies a period of engagement as 5 years, the leave will be granted in line with the immigration rules.

245HE. Period and conditions of grant

That wasn't quite my question...My work contract is 5 years, will the CoS be the same please? Or can it only be 3 years at a time?

[geriatrix]

That is entirely up to the sponsor .. what they want to specify as the period of engagement / sponsorship when requesting the CoS.

There is no requirement (legal or otherwise), that I know of, for the sponsor to issue a CoS that mirrors the period of contract. And also, whether a CoS is issued with a period of sponsorship / engagement that mirrors the contract period or less or more is irrelevant as you will need a new CoS to apply for extension irrespective of the "duration of a previous CoS".

[barbie1]

That is entirely up to the sponsor .. what they want to specify as the period of engagement / sponsorship when requesting the CoS.

There is no requirement (legal or otherwise), that I know of, for the sponsor to issue a CoS that mirrors the period of contract. And also, whether a CoS is issued with a period of sponsorship / engagement that mirrors the contract period or less or more is irrelevant as you will need a new CoS to apply for extension irrespective of the "duration of a previous CoS".

Right so there is a big confusion at work about this and I just wanted to clear my head.

The team that deal with preparing the CoS paperwork at my work place replied to me that there is a 3 year UKBA rule as the maximum period allowed to apply for a CoS. As you can imagine I'd have liked them to issue a 5 year one as it is always a hassle to apply again (although not the end of the world) but wanted to double check with you the above...

[barbie1]

If you are already in the UK under Tier 2 (General), you can apply to extend your permission to stay in this category. If we approve your application, we will extend your permission to stay by another 2 years, or the time given on your certificate of sponsorship plus 14 days, whichever is shorter.



Does the above mean that regardless of the CoS covering 3 or 5 years, my Tier 2 visa will be for only an extra 2 years anyway? If that is the case would I be allowed to extend my Tier 2 a third time having a valid work contract and by making a fresh CoS application in 2 years time?

[manci]

Your work contract is an arrangement between the contracting parties, you and the company. The Immigration Rules are the law of the land. Because of this it would be unwise for the company not to make the work contract subject to your immigration status.

Does the above mean that regardless of the CoS covering 3 or 5 years, my Tier 2 visa will be for only an extra 2 years anyway? If that is the case would I be allowed to extend my Tier 2 a third time having a valid work contract and by making a fresh CoS application in 2 years time?

How long the period of grant will be when you apply for an extension is set out in Immigration Rule 245HE and, in a more digestable format, in the Tier 2 Policy Guidance, paragraph 182:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[barbie1]

meh