Very specific timeline question - Tier 2 extension

[Geneiva]

Hi there,

I am currently on a Tier 2 sponsored visa, and have recently applied for a RC under EEA(EFM).

I applied for the RC on the 5 Aug (received 8 Aug, payment 11 Aug, COA dated 6 Sep), so looking at timelines there I would expect to get my letter of approval/rejection in 6 months, or early February some time - maybe the 8 Feb.

My problem is that my Tier 2 visa expires on the 5th of Feb so I run the risk that my current visa will expire before I get the RC, and if the RC is rejected, I assume I will have to leave my job and the country for 6 months while a new application is lodged.

I am also travelling for a mix of personal and work reasons across Xmas, mid-Jan, and late Feb.

So, my solution is to apply for an extension of my Tier 2 online at the last possible date, hoping the RC gets to me before then voiding the need, and pay for the visa premium service so that I have my passport returned so I can travel late Feb.

My question is: when is the last possible date to extend my visa online?
Can I apply online on the Sunday 5th February (the day my visa expires?) and go to a premium service the week after (with a technically expired visa?)
Or do I need to apply and or be at a premium service appointment before the 5th Feb?

Of secondary interest, if I apply for a 3 year visa extension, can I pay the NHS surcharge for the first year only? Or otherwise get a surcharge refund if I'm not going to use this visa?

Many thanks for your help.

Jenny

[CR001]

Or do I need to apply and or be at a premium service appointment before the 5th Feb?

Date of application is the date of your appointment.

if I apply for a 3 year visa extension, can I pay the NHS surcharge for the first year only?

No, you have to pay for the full 3 years.

Or otherwise get a surcharge refund if I'm not going to use this visa?

You might get one, you might not.

[olgachilds]

Look, if your EFM is solid it should be just under 6 months, although of course one can't tell with the summer surge.

It may be worth it writing to HO to explain the situation, engage someone who can write intelligently to management or has some contacts, or at least make a fast track SAR a month before DL to see if tere had been any consideration and yoru application hadnt been put aside to say a home visit or an interview (which can result in months of further wait. ) Also monitor the boards for general timelines of those who filed in August, tings are actually somewhat returning back to normal now I think.

You will not have to leave the UK either way, the only issue is whether your employer will accept the kefaffle and not fire you, since EFM COA usually does not confirm right to work.

As for Tier 2 ten, what are the dates on your COS validity? You can't just extend it, you need a new cos, company has to have a Cos to allocate, there has to be no break in COs's.

Ultimately if it's 4th Feb PM, post has gone, someone had stalked your house for DX delivery and nothing had materialised, have your work then assign a new COs.

You apply within 28 days of expiry (although in this case sooner, I think -- I have to look i into this to give you exact number of days ) but you may be able to stall, it is the COS assignment I would primarily worry about and that is only for the sake of your work, break in Cos validity is what I am worried more about if you are continuously employed than break in visa validity or even a post-expiration application (up to 28 days).

I dont get asked this every day, so this is all preliminary, please do not take for legal advice.

[Geneiva]

Or do I need to apply and or be at a premium service appointment before the 5th Feb?

Date of application is the date of your appointment.

if I apply for a 3 year visa extension, can I pay the NHS surcharge for the first year only?

No, you have to pay for the full 3 years.

Or otherwise get a surcharge refund if I'm not going to use this visa?

You might get one, you might not.

Hi CR001 - I previously understood that when you "submit" the online application, then this is the date of your application? I haven't yet been through the full online application to check, but I assume that you can choose (and pay for!) the date of the appointment during the online process. So, since the 5th Feb falls on a Sunday, I will need to apply online on the 2nd Feb to ensure a Fri 3rd or Sat 4th appointment. Therefore you are saying my final deadline would be the 2nd to pay for the whole shebang? Sorry to be pedantic, days just could matter here.

Many thanks,
Jenny

[Geneiva]

Look, if your EFM is solid it should be just under 6 months, although of course one can't tell with the summer surge.

It may be worth it writing to HO to explain the situation, engage someone who can write intelligently to management or has some contacts, or at least make a fast track SAR a month before DL to see if tere had been any consideration and yoru application hadnt been put aside to say a home visit or an interview (which can result in months of further wait. ) Also monitor the boards for general timelines of those who filed in August, tings are actually somewhat returning back to normal now I think.

You will not have to leave the UK either way, the only issue is whether your employer will accept the kefaffle and not fire you, since EFM COA usually does not confirm right to work.

As for Tier 2 ten, what are the dates on your COS validity? You can't just extend it, you need a new cos, company has to have a Cos to allocate, there has to be no break in COs's.

Ultimately if it's 4th Feb PM, post has gone, someone had stalked your house for DX delivery and nothing had materialised, have your work then assign a new COs.

You apply within 28 days of expiry (although in this case sooner, I think -- I have to look i into this to give you exact number of days ) but you may be able to stall, it is the COS assignment I would primarily worry about and that is only for the sake of your work, break in Cos validity is what I am worried more about if you are continuously employed than break in visa validity or even a post-expiration application (up to 28 days).

I dont get asked this every day, so this is all preliminary, please do not take for legal advice.

Hi spammer, thanks for the quick response. I've been watching the timelines like a hawk already: some are just under 6 months & some are just over at the moment. Preparing myself for all eventualities

My CoS is valid for the length of my visa (to 5th Feb), and there should be no problems getting a new CoS from my current employer with start date 6th Feb for the extension prior to needing to apply for it. That sounds like it is standard procedure and they can assign this as early as November, so I have no concerns there.

What is a fast track SAR? And how would I write to HO - what is the address I would write to? I understood the departments (EEA vs Tiered) don't really speak to each other!

Many thanks

[Geneiva]

Sorry I have no idea why it changed your handle to "spammer" - obviously not intentional!

[Casa]

Sorry I have no idea why it changed your handle to "spammer" - obviously not intentional!

Something historical has auto set the forum word ban.

[Geneiva]

Hi for anyone who is curious on how this was resolved:

My employer (an global company) had their specialist immigration lawyers advise:
They said if you are currently sponsored by the company, then the employer is able to use your CoA letter as your right to work (even though the CoA letter under EEA-EFM route does not expressly guarantee this).

So I will not have to extend my Tier 2 visa at all.