3 Questions regarding Tier 2 visa extenstion

[tier2applicant2]

Hi,

I would like to ask three questions regarding my visa extension. I was granted Tier 2 visa under SOC 2132 and current visa expires on 1 November 2014.

1. I am planning to apply for extension in April 2014. How early from visa expiry can I apply for visa extension ?
2. My current job title under SOC 2132 doesn't exist anymore. The conversion table on Code of Practice document gives a new SOC code, however, there are similar job duties but not exactly the same as original application. Does my employer need to do a RLMT ?
3. Could I confirm if the if the leave to remain for extension application is up-to 3 year ?

Thank you

[manci]

I would like to ask three questions regarding my visa extension. I was granted Tier 2 visa under SOC 2132 and current visa expires on 1 November 2014.

1. I am planning to apply for extension in April 2014. How early from visa expiry can I apply for visa extension ?
you can apply any time with a CoS

2. My current job title under SOC 2132 doesn't exist anymore. The conversion table on Code of Practice document gives a new SOC code, however, there are similar job duties but not exactly the same as original application. Does my employer need to do a RLMT ?
not if your core duties remain unchanged

3. Could I confirm if the if the leave to remain for extension application is up-to 3 year ?
it will be 3 years or the length of the engagement, whichever comes sooner, with a 6 year cap on the total stay if your initial grant of leave was on or after 6 Apr 2011

[psw2009]

Hi Manci,

I am also planning to extend my stay my visa expire in july-14 can you please provide more details about the below question, can I extend my stay now? I remember reading in this website that I can not apply for extension earlier than 90days is it correct?

1. I am planning to apply for extension in Feb 2014 my visa expire in July-14. How early from visa expiry can I apply for visa extension ?

Thanks a lot

[tier2applicant2]

hi Mancy,
Thanks for you reply. its appreciated.

Hi psw2009
Our doubts are the same and according the Manci you can extend anytime as long as you've got a valid COS.

[psw2009]

Hi Tier2applicant2,

i think what manci advising does make sense but just want to double check. my understanding is

for example
1. COS issue date 28-02-2014 (i will have 90days to apply for the visa)
2. employer will mention on the COS Valid/work start from 31-07-2014 to 31-07-2017

i think home office will extend the visa but extend visa card will have the dates as shown above(31-07-2014 to 31-07-2017)

respected Manci

Can you please confirm correct me if my assumptions( which i have learned from your reply to below questions of tier2applicant2) are correct?

[manci]

@psw2009
CoSs are valid for 3 months from the assignment date and have to be "used" (application made) within this period otherwise they expire

the work start date in the CoS cannot be earlier than the assignment date.

your question about the period of grant has already been answered (see above)

[psw2009]

Manci

Thanks a lot for your reply much appreciated

[janki]

hi Guys,

I am also going through same phase of extention of tier2 visa in next 6 months and it will be really great help if you can help with.

I dont know is that, do my company need to generate another CoS or they can renew it or what? What am I supposed to show for extension? Or how can they get me renewed CoS , any criteria?

Thanks a lot.

Regards,
Janki

[manci]

duplicate post

[psw2009]

I have question about Cos letter, my visa expire in July-2014 and I am planning to apply for visa in April-2014. My employer does not have the allocation at the moment and I am going to ask them to request ukba for allocation.

My question is what is the best time for my employer to request the allocation, Can my employer send request to ukba now? or is it too early?

Also do they need to send request for renewal of annual allocation or request allocation increase?

Thanks a lot in advance.

[manci]

Your sponsor's annual allocation of unrestricted CoSs will be set to zero in April. They can apply for new allocations for 2014/15 from 3 months before 6 April onwards
http://www.ukba.homeoffice.gov.uk/busin ... llocation/

[Khurram545]

3. Could I confirm if the if the leave to remain for extension application is up-to 3 year ?
it will be 3 years or the length of the engagement, whichever comes sooner, with a 6 year cap on the total stay if your initial grant of leave was on or after 6 Apr 2011[/quote]


to re-confirm , what I understood I can apply 6 months before expiry date and extended visa validity would start after expiry of current and I will get total 6 years not five and half years (lets say if current visa expires on 30th Oct ,2014. extended visa would expire on 30th oct 2017), am i correct?

[manci]

to re-confirm , what I understood I can apply 6 months before expiry date and extended visa validity would start after expiry of current and I will get total 6 years not five and half years (lets say if current visa expires on 30th Oct ,2014. extended visa would expire on 30th oct 2017), am i correct?

you can apply any time for the extension (with a CoS) and if your application is granted the start date will be the work start date given in the CoS. You must apply within 3 months of the assignment date of the CoS

[Khurram545]

to re-confirm , what I understood I can apply 6 months before expiry date and extended visa validity would start after expiry of current and I will get total 6 years not five and half years (lets say if current visa expires on 30th Oct ,2014. extended visa would expire on 30th oct 2017), am i correct?

you can apply any time for the extension (with a CoS) and if your application is granted the start date will be the work start date given in the CoS. You must apply within 3 months of the assignment date of the CoS

Oh iC , thanks for clarification . many people said that applying early would cause problem in ILR / nationality so better to apply near to expiry but I don't want to have tension and sort all of this ASAP with max advantage .

so in my case employer can mention work start date 20th Oct 2014 (10 days safety gap). is it must work start date should be within 3 months of CoS issue date or that 3 months cap is for applying the visa extension?

[manci]

@Khurram545
apart from having to apply for leave to remain within the validity of the CoS, which is 3 month, the rules about the work start date given in the CoS are:

The start date cannot be in the past. If the migrant is already working for you and you are assigning the CoS so that they can apply to extend their stay, you should enter a start date no later than the day after the last day of leave given on their current visa.
Please note that the migrant cannot apply for Tier 2 or Tier 5 leave more than three months in advance of the start date stated on their CoS.

[Khurram545]

@Khurram545
apart from having to apply for leave to remain within the validity of the CoS, which is 3 month, the rules about the work start date given in the CoS are:

The start date cannot be in the past. If the migrant is already working for you and you are assigning the CoS so that they can apply to extend their stay, you should enter a start date no later than the day after the last day of leave given on their current visa.
Please note that the migrant cannot apply for Tier 2 or Tier 5 leave more than three months in advance of the start date stated on their CoS.

@Manci thanks a lot for response.
Case A
in this case Employer will have to mention job start date :31 Oct, 2014 and they need to apply for CoS by 30th July , so I will have three months to apply for extension and lets i will have visa from 31-Oct-2014 to 31-Oct-2017

OR
Case B
my employer can start the process in Advance before July 2014 (lets say in feb) and mention start date 31-Oct and i can apply with in 3 months of CoS (lets say in feb/march) but visa start date would be 31-Oct.

is this case B valid or must have to follow case A ?
Thanks again

[manci]

case B doesn't comply with the rules

[Khurram545]

case B doesn't comply with the rules

thanks macni for the confirmations and your precious time

[psw2009]

@manci

my leave expire on say 31-07-2014 so can my employer issue cos with the following

1. Cos issue date 28-03-2014
2. Work start date 01-08-2014
3. Work End Date 01-08-2017
4. I apply to extend tier 2 on 31-05-2014 (which is two month before the work start date stated on the cos and I will be apply within three month of the cos issuing date which is 28-03-2014)

Can you please assist if above will be within the rules.

Thanks a lot in advance.

[Khurram545]

@manci

my leave expire on say 31-07-2014 so can my employer issue cos with the following

1. Cos issue date 28-03-2014
2. Work start date 01-08-2014
3. Work End Date 01-08-2017
4. I apply to extend tier 2 on 31-05-2014 (which is two month before the work start date stated on the cos and I will be apply within three month of the cos issuing date which is 28-03-2014)

Can you please assist if above will be within the rules.

Thanks a lot in advance.

Extension to the question:
can sponsor choose CoS issuance date? or it all in hand of UKBA when they want to issue

[psw2009]

Manci@

I am concern that ukba will increase experienced salary from april-14 so trying to get the COS before so that I will come under current salary requirement which is £26300 Can you please advise on

my leave expire on say 31-07-2014 so can my employer issue cos with the following

1. Cos issue date 28-03-2014
2. Work start date 01-08-2014
3. Work End Date 01-08-2017
4. I apply to extend tier 2 on 31-05-2014 (which is two month before the work start date stated on the cos and I will be apply within three month of the cos issuing date which is 28-03-2014)

Can you please assist if above will be within the rules and if I apply on 31-05-2014 with COS issued on 28-03-14, will I come under rules pre-april or after april?


Thanks a lot in advance.

[psw2009]

@manci

Can you please assist on the above

[manci]

Changes effective from 6 April are usually announced in a Statement of Changes, and put before Parliament, about 3 weeks before the effective date (in mid-March). Last time there were transitional arrangements so that applicants with a CoS assigned before the changes came into force were not affected.

the dates seem feasible

[psw2009]

thanks a lot for your advice

[manci]

can sponsor choose CoS issuance date? or it all in hand of UKBA when they want to issue

the date of the CoS, from which it is valid, is the date on which the sponsor assigns it on the SMS