Tier2 5 Years route

[Bilalhassan148]

Hi All,
I am on a tier2 visa which is now called Skilled Worker Visa.
I have been given the visa for 2 years 9 months whereas my CoS was for 3 years and I think that was because of a delay in the visa process time back in 2019.
So my question is if apply for 2 years extension now which will make my stay 4 years and 9 months under 5 years route. Can this be enough to fulfill the requirements for ILR or do I have to complete the exact 5 years and I must apply for 3 years extension rather than 2 years?

Thanks,
Bilal

[nightcrawler2u]

You will need to complete 5 years. A 3 year extension will be needed.

[ywlgy]

When was the earliest of the issue dates on your BRP and visa vignette? Your new visa should at least cover the 5th anniversary of that date.

[Bilalhassan148]

On my Cos the work start date was September 2019 to September 2022 which makes 3 years but the visa was given to me from Dec 2019 to September 2022 which makes 2 years and 9 months.

I don't know why HO did not mention the start date of September 2019 on the BRP.

Now If I apply for 2 years extension then it would be 4 years and 9 months altogether unless HO gives me 3 months extra?

Is there a way I can apply for 2 years and 3 months or it has to be 2/3 years I can go for the extension?

Thanks,
Bilal

[nightcrawler2u]

Your 5 year qualification for ILR is from the visa issue date listed on the BRP/Visa Vignette in passport. Not your CoS. So if your visa was issued in Dec 2019 (according to your first BRP issue date) then ILR qualification will be Dec 2024.

Your visa extension will have to cover you until that date of Dec 2024 (5 years anniversary from initial visa issue date).

Home office won't give extra months so you will have to apply for an extension that qualifies you.

[ywlgy]

If you applied from outside UK, you got a visa sticker on your passport and a BRP. Check the date of issue on both of them. The earlier one of these two is the starting point of your 5y qualifying period. If you applied from within the UK, use the BRP date.

Assuming your starting point is on 1/12/2019, you can ask your employer to put the end date on the new CoS to 2/12/2024. In this case, your new BRP will have an expiry date of 16/12/2024. So in fact you apply for a 2y3m visa. The application fee is the same for visa less than 3y, but you need to pay 2.5y IHS. You may also change the CoS end date to Feb without paying more fee.

Does your employer pay the application fee and IHS? If yes, why bother? go for 3y.

[Bilalhassan148]

If you applied from outside UK, you got a visa sticker on your passport and a BRP. Check the date of issue on both of them. The earlier one of these two is the starting point of your 5y qualifying period. If you applied from within the UK, use the BRP date.

Assuming your starting point is on 1/12/2019, you can ask your employer to put the end date on the new CoS to 2/12/2024. In this case, your new BRP will have an expiry date of 16/12/2024. So in fact you apply for a 2y3m visa. The application fee is the same for visa less than 3y, but you need to pay 2.5y IHS. You may also change the CoS end date to Feb without paying more fee.

Does your employer pay the application fee and IHS? If yes, why bother? go for 3y.

Thank you for the detailed response.

No My employer is not paying any fee that's why I was worrying about money

So I think I should ask my Company to issue me CoS for 2 years and 3 months or 2.5 years as the IHS & Application fee will remain the same.