Plz help: Start date of work for COS application(PSW to T2G)

[justdopposite]

Dear friends

Hope your well.
My company is applying for a COS as I'm switching from PSW to Tier 2 General category

I've been working for more than a year, however the Work Start Dates for COS online Application seems a bit confusing .. It says:

If the migrant is already working for you and you are
assigning the CoS so that they can apply to extend their
leave, you must enter the start date as the day after the last
day of leave given on their current visa.

Since I am already working for the company and I think I am extending my leave in a way..

so should the date be put after my visa expiry date or the date I actually started working for the company ?

Kindly advice asap.

Many thanks

[safatafa]

Hi
You are switching not extending give a start date 3 months from the date u apply for cos . U can switch anytime the above applies to those extending...

[justdopposite]

Thanks a lot.

Could you please confirm my end date as well please. What would be the maximum period of grant for someone switching from PSW to Tier 2 General ?

Thanks again

[justdopposite]

245HE. Period and conditions of grant

(a) If the applicant:

(i) previously had leave under the Rules in place before 6 April 2011 as:

(1) a Tier 2 (General) Migrant,
(2) a Tier 2 (Minister of Religion) Migrant,
(3) a Tier 2 (Sportsperson) Migrant,
(4) a Jewish Agency Employee,
(5) a Member of the Operational Ground Staff of an Overseas-owned Airline,
(6) a Minister of Religion, Missionary or Member of a Religious Order,
(7) a Qualifying Work Permit Holder, or
(8.) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,

and

(ii) has not been granted entry clearance as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant under the Rules in place from 6 April 2011, and

(iii) has not been granted entry clearance, leave to enter or leave to remain in any other category since the grant of leave referred to in (i) above,

leave to remain will be granted as set out in paragraph (d) below.

(b) In all other cases, leave to remain will be granted as set out in paragraph (e) below.

(c) In paragraph (e) below, X refers to the continuous period of time, during which the applicant:

(i) has had entry clearance, leave to enter or leave to remain as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant; or

(ii) has been in the UK without leave following leave in one of these categories.

(d) in the cases set out in paragraph (a) above, leave to remain will be granted for:

(i) the length of the period of engagement plus 14 days, or

(ii) a period of 3 years plus 14 days,

whichever is the shorter.

(e) If paragraph (a) does not apply, leave to remain will be granted for:

(i) the length of the period of engagement plus 14 days,

(ii) a period of 3 years plus 14 days, or

(iii) a period equal to 6 years less X,



Can someone confirm please ? Can I request my HR to put my end date of work for a period of 6 yrs ?

Kindly advice, thanks.

[safajnaseef]

[quote="justdopposite"]Thanks a lot.

Could you please confirm my end date as well please. What would be the maximum period of grant for someone switching from PSW to Tier 2 General ?

Thanks again[/quote]

The maximum period of grant for leave to remain under tier 2 is the period of your employment in the contract plus 14 days (if it is less than 3 years), or 3 years and 14 days (if the contract is longer than 3 years).

Please look at the following link
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

The period of grant for your case is mentioned in section 245HE (e).

[safajnaseef]

It is exactly as what justdopposite said

(e) If paragraph (a) does not apply, leave to remain will be granted for:

i. the length of the period of engagement plus 14 days,
ii. a period of 3 years plus 14 days, or
iii. a period equal to 6 years less X,

whichever is the shorter. If the calculation of the period of leave comes to zero or a negative number, leave to remain will be refused.


In your case either i. or ii apply, depends on whether you have a contract which is less than 3 years so i. applies or more than 3 years so ii. applies.

[justdopposite]

so you mean I can extend for 6yrs ?

also there is no section 245HE (d) in the link ..

[safajnaseef]

so you mean I can extend for 6yrs ?

also there is no section 245HE (d) in the link ..

No I meant even if you have a contract for 6 years with your employer then the period of grant for Tier 2 general is 3 years and 14 days.

This is mentioned in section 245HE (e).

[justdopposite]

(e) If paragraph (a) does not apply, leave to remain will be granted for:

i. the length of the period of engagement plus 14 days,
ii. a period of 3 years plus 14 days, or
iii. a period equal to 6 years less X,


Doesn't this mean that my leave to remain could be granted for iii. a period equal to 6 years less X, ? This is so confusing

[safajnaseef]

(e) If paragraph (a) does not apply, leave to remain will be granted for:

i. the length of the period of engagement plus 14 days,
ii. a period of 3 years plus 14 days, or
iii. a period equal to 6 years less X,


Doesn't this mean that my leave to remain could be granted for iii. a period equal to 6 years less X, ? This is so confusing

You missed to read the line after iii.

It says "whichever is the shorter"

[maylmi12]

What if your contract is only for on year?
Does that mean you only get one year on the new visa?

Or do they grant you 3 years and 14 days?
Otherwise you have to keep renewing it every year if your employment contract is only for one year. and renew

[justdopposite]

Thanks safajnaseef

[safajnaseef]

What if your contract is only for on year?
Does that mean you only get one year on the new visa?

Or do they grant you 3 years and 14 days?
Otherwise you have to keep renewing it every year if your employment contract is only for one year. and renew

If the contract is 1 year then you will be granted 1 year and 14 days as i. applies in this case. Before the end of that 1 year and 14 days you have to extend tier 2 visa by renewing the contract or finding a different tier 2 sponsor.

Note that you can continue extending tier 2 visa up to 6 years.

[maylmi12]

Is it true that extending is for free of charge?

[safajnaseef]

Is it true that extending is for free of charge?

No that is incorrect.