Can I extend my Tier-2 General for another 3 years?

[khans]

Hi Forum,

I am slightly confused about how long I can extend my tier-2 general for ?
I am under the impression that after the first in country application is allowed (3 years) you can only extend it for another 2 years.
However a friend pointed me to a section on the UKBA website which says the I can extend it for another 3 years so my maximum stay under tier-2 general category is 6 years instead of 5 years as I thought.
Am i completely misinterpreting it or is is exactly what it says on the tine i.e First in country tier-2 general leave up to 3 years and then 1 extension for another 3 years making it a total leave of up to 6 years

See the extract from UKBA website:

"If you are already in the UK under Tier 2 (General), you can apply to extend your permission to stay in this category. See 'Applying inside the UK' for more information. If we approve your application, we will extend your permission to stay by another 3 years, or the time given on your certificate of sponsorship plus 14 days, or the time required to take your total stay in the UK to a maximum of 6 years, whichever is shorter. If your application is decided early, you can stay in the UK between the date of our decision and the start date on your certificate of sponsorship."

link: http://www.ukba.homeoffice.gov.uk/visas ... onditions/

Appreciate your responses.

Many Thanks in advance,
Khans

[khans]

Hi All,

Any responses will be much appreciated.

Thanks

[manci]

I am slightly confused about how long I can extend my tier-2 general for ?

it depends on when you were granted your initial T2 leave. Refer to para 192 of the T2 policy guidance
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

[khans]

Thanks Manci.
Paragraph 192 concerns safeguarding of children though.
Can you please double check and let me know which one it is.

regards,
Khans

[manci]

sorry, wrong link provided - now edited

[khans]

Thanks very much Manci.

It says and i quote:

"Leave to Remain if your initial grant of leave
in Tier 2 is on or after 6 April 2011
We will grant leave:

i. for 3 years plus 14 days from the
start date given on your Certificate of
Sponsorship; or

ii. to the end date given on your Certificate
of Sponsorship plus 14 days; or

iii. the period of time you need to take
your total leave granted in Tier 2 to 6
years (counted from the date you were
first granted entry clearance or leave to
remain).

whichever is the shorter period"

My initial tier-2 leave was granted in June 2012 which means if my sponsor issues me with a certificate of sponsorship for 3 or more years, at the time of extension, I can get a 3 year extension.

Many thanks once again.
Khans

[kinn]

Hi,

Date of issue : 27th June 2011
Date of Entry to UK : 26th Jul 2011
Date of Expiry of Current Visa : 27th June 2011

1. When I apply for an extension, will I be getting an extension for 2 years or 3 years ? What decides the period of extension ?

2. If I apply 2 months early and if I receive a 2year visa, does this mean that newly extended visa will have an expiry date that is two months earlier than my five year completion to qualify for ILR ?

3. What are the options available to an Tier 2 General applicant who's visa expiries a month in advance than the 5 year period (assuming that there is no break in residency during the 5 years) as result of entering UK 1 month latter than the Visa issue date.

[khans]

Hi Kinn,

See my response to your question below:

1. When I apply for an extension, will I be getting an extension for 2 years or 3 years ? What decides the period of extension ?

The period of extension will be determined by the employment period mentioned on your certificate of sponsorship or the length of your contract whichever is shorter (maximum being 3 years and 14 days). So if you want your extension to be for 3 years your HR needs to put that in your certificate of sponsorship.

2. If I apply 2 months early and if I receive a 2year visa, does this mean that newly extended visa will have an expiry date that is two months earlier than my five year completion to qualify for ILR ?

If you apply for 2 years extension your leave will be issued for 2 years from date the date of expiry of current leave. For e.g. if your leave expires 31st April 2014 and your applied 1st March 2014 and your leave was approved on 31st of March, your extension will expire 31st April 2016.

3. What are the options available to an Tier 2 General applicant who's visa expiries a month in advance than the 5 year period (assuming that there is no break in residency during the 5 years) as result of entering UK 1 month latter than the Visa issue date.

Apply for a 3 year extension and once you complete 5 years of residency apply for ILR

[kinn]

Thanks Khans !