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Tier 2 extension and CoS Dates

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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ILRApplication01
Newbie
Posts: 40
Joined: Wed Oct 10, 2012 11:32 am
United Kingdom

Tier 2 extension and CoS Dates

Post by ILRApplication01 » Sun Jan 27, 2019 5:45 pm

Dear members,

Our company has one unrestricted CoS available for the current year, the certificate will expire on 5th April. We have a Tier 2 employee whose current visa will expire on 12 May 2019. We would like to continue to employ her but we have three questions, hopefully, someone can answer them.

1) Can we assign the UCoS on 15th of March with the start date of 13 May 2019 (the day after her current visa expires), will she still be able to use the certificate even though certificate was issued to the sponsor to be used by 5th April 2019. The employee can apply for the extension on 16th of March.

2) Can we assign the UCoS on 15th of March with a start date of 01 Apr 2019, the employee can apply for the extension on 16 Apr 2019. This option will ensure that the employee will lose a fewer number of days on her new visa when she gets the 3-year extension.

3) The employee is currently employed under SOC 2137 (Salary rate new worker: £20500, experience worker £22000), her current salary is 32.5K but she may receive an increment in April/May so when we assign the UCoS, shall we mention on the certificate her current salary (32.5K) or the new salary which she may get in April/May time as part of annual review?

Thank you and Best Regards.

ILRApplication01
Newbie
Posts: 40
Joined: Wed Oct 10, 2012 11:32 am
United Kingdom

Re: Tier 2 extension and CoS Dates

Post by ILRApplication01 » Tue Jan 29, 2019 8:16 pm

Can some expert please help CR001, Casa?

ILRApplication01
Newbie
Posts: 40
Joined: Wed Oct 10, 2012 11:32 am
United Kingdom

Re: Tier 2 extension and CoS Dates

Post by ILRApplication01 » Tue Mar 05, 2019 5:11 pm

Can anyone please help me with this query? The company is starting my colleage's UCoS application and I would like to make sure that they do not make a mistake.

ILRApplication01
Newbie
Posts: 40
Joined: Wed Oct 10, 2012 11:32 am
United Kingdom

Re: Tier 2 extension and CoS Dates

Post by ILRApplication01 » Wed Mar 06, 2019 5:49 pm

Can anyone guide please? I know the board is run by volunteers and it had helped me a lot in my previous applications but I don't seem to get any responses now. Is this still actively supported by volunteers?

Thanks

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 6:44 pm
Malaysia

Re: Tier 2 extension and CoS Dates

Post by UKLL » Thu Mar 07, 2019 9:02 pm

ILRApplication01 wrote:
Sun Jan 27, 2019 5:45 pm
Dear members,

Our company has one unrestricted CoS available for the current year, the certificate will expire on 5th April. We have a Tier 2 employee whose current visa will expire on 12 May 2019. We would like to continue to employ her but we have three questions, hopefully, someone can answer them.

1) Can we assign the UCoS on 15th of March with the start date of 13 May 2019 (the day after her current visa expires), will she still be able to use the certificate even though certificate was issued to the sponsor to be used by 5th April 2019. The employee can apply for the extension on 16th of March.

My understanding is if you assign the UCoS on 15th of March, it can be used by the migrant you have
assigned it to in support of their application at any time during the 3-month
period from the date it was assigned. I think the certificate needs to be assigned by 5th April 2019, not used by 5th April 2019.

If you assign the UCoS on 15th March, the employee can apply straight away for the start date of 13 May 2019 (a migrant cannot apply for Tier 2 or Tier 5 leave more than 3 months in advance of the start
date stated on their CoS.)


2) Can we assign the UCoS on 15th of March with a start date of 01 Apr 2019, the employee can apply for the extension on 16 Apr 2019. This option will ensure that the employee will lose a fewer number of days on her new visa when she gets the 3-year extension.
No, When you assign a CoS to extend a migrant’s leave in the same tier and
category, the start date on the CoS should be the day after their current leave
expires but the migrant cannot apply for leave more than 3 months before that
date.


3) The employee is currently employed under SOC 2137 (Salary rate new worker: £20500, experience worker £22000), her current salary is 32.5K but she may receive an increment in April/May so when we assign the UCoS, shall we mention on the certificate her current salary (32.5K) or the new salary which she may get in April/May time as part of annual review?
I would recommend her current salary, but not sure about this.

Thank you and Best Regards.

srsw
Senior Member
Posts: 866
Joined: Wed Nov 04, 2015 3:31 pm

Re: Tier 2 extension and CoS Dates

Post by srsw » Thu Mar 07, 2019 10:55 pm

3) The employee is currently employed under SOC 2137 (Salary rate new worker: £20500, experience worker £22000), her current salary is 32.5K but she may receive an increment in April/May so when we assign the UCoS, shall we mention on the certificate her current salary (32.5K) or the new salary which she may get in April/May time as part of annual review?

Mention whatever is the salary on the date of assigning UCoS. There is no point mentioning potential future increment that you "may" give her. If the annual review hasn't happened yet, then on what basis you could decide the increment? Declare the current salary and avoid confusion.
My advice is based on personal research/experience, so pls check relevant UKVI sources.

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