<URGENT HELP PLEASE> - SKILLED WORKER VISA EXTENSION

[naveencse0711]

Hi, I have a query regarding skilled worker visa extension.

My 3 years BRP (Skilled Worker Visa) and my dependents BRP expires on *October 14, 2023* and we are going to India due to planned knee surgery for dad during September and returning back to UK on *October 7, 2023* (Booked air tickets long time ago). Tried to look for other dates for dads surgery but the doctor doesn't have any dates available until March 2024 as he is travelling abroad for 6 months.

I will get the new CoS (for 2 years skilled worker visa extension) this week from my office legal council (but he is not an immigration specialist, so posting the query here) and CoS usually has 90 days validity.

Query:
Once I get the new CoS this week, we are planning to initiate application later this week and pay all the visa charges (wanted to avoid the newly proposed visa charges increase which might get implemented anytime) and book *biometric appointment* for me and my dependents between *October 8 to October 13* as we all will be reaching back to UK from India on *October 7* (Current BRP expiry date is October 14)

Getting mixed reviews that one shouldn’t travel outside UK once the *application is initiated* but I thought the visa decision will be taken only when the biometrics is done and passport is handed over in the visa centre.

Can someone please provide the input on whether we can travel to India and return back to UK before our current BRP expires and proceed with the biometrics (before our current BRP expires)? Do we face any issues with our application or with UK border control in the airport while returning back to UK?

I have the meeting with the office legal council on Friday this week to get the new CoS, can some one help me with the above query at the earliest please?

[CR001]

You only have 45 days to attend biometrics. You won't make it to October to delay it.

[vinny]

34K may be a problem.

[naveencse0711]

@CROO1 and @Vinny - Thank you both for your prompt response.

Below is my plan, can you please review and share your feedback in order to avoid any last minute shocks.

1. New CoS generation/issue date from my office - 24/07/2023 (Getting CoS earlier as our legal council will not be available in the UK for 6 to 8 weeks and CoS has 90 days validity)
2. Planning to give start date in the CoS - 02/10/2023
3. Travelling to India - 10/09/2023
4. Returning to UK - 08/10/2023
5. Planning to initiate and submit visa application - Between 09/10/2023 to 13/10/2023
6. Expiry date of current BRP - 14/10/2023

Is the above mentioned dates/plan seems to be fine or do you see any issues? Kindly confirm please

[naveencse0711]

@CROO1 and @Vinny

I have a meeting with the legal council tomorrow, can you please review the below plan/dates and share your feedback in order to avoid any last minute shocks.

1. New CoS generation/issue date from my office - 24/07/2023 (Getting CoS earlier as our legal council will not be available in the UK for 6 to 8 weeks and CoS has 90 days validity)
2. Planning to give start date in the CoS - 02/10/2023
3. Travelling to India - 10/09/2023
4. Returning to UK - 08/10/2023
5. Planning to initiate and submit visa application - Between 09/10/2023 to 13/10/2023
6. Expiry date of current BRP - 14/10/2023

Is the above mentioned dates/plan seems to be fine or do you see any issues? Awaiting for your response. Thanks.

[ganiths]

Regarding Point 2, As per S9.8 in this guidance https://www.gov.uk/government/publicati ... _change_of the start date on the COS should be the day after the current permission expires on extension application. I doubt whether it is allowed to put an earlier start date on COS.

[naveencse0711]

@ganiths and other moderators / experts

My last date mentioned in the current CoS is September 30, 2023 (which I had noticed just before ) after getting the new CoS this morning but the current BRP expiry date is October 14, 2023.

I have received my new CoS today with the start date as October 6, 2023 and end date as October 5, 2026.

1. Can someone guide me whether the start date (October 6, 2023) and the end date (October 5, 2026) mentioned in the new CoS is fine or will I face any issues with my application for biometric now or while applying for ILR in the future?

2. If the dates need to be changed in the new CoS, what should be the valid start date and end date?

3. If the dates need to be changed in the new CoS, can this be achieved by mentioning in the sponsor note in the CoS or do we have a separate process for this?

Sorry that our company legal council just has access to SMS system to assign CoS and he is not an immigration expert, so couldn't help with my queries

[ganiths]

Ideally start date should be October 15th 2023 (day after your current brp expiry) and end date should be October 15th 2026

I'm not an immigration expert ,so I cannot confirm whether the start date as currently mentioned in your COS will impact your current application.In my opinion, it would be better if your sponsor add a sponsor note updating the start and end date so that they adhere to the guidance provided by home office

[naveencse0711]

@Ganith - Thanks for your response.

Moderators - @CR001 and @Vinny

It will be very helpful if any one of you can look at my last query and clarify, so I can get the new CoS modified (if needed) with new start date and new end date (in the sponsors note) before our legal council goes for his annual vacation.

Would really appreciate your earliest response. Thanks.

[naveencse0711]

@Moderators:

Can some one assist with my query please?

[AliJaf]

@naveencse0711
Can you please update further information on your query regarding start - end date of CoS, does it have to be the next day after current leave ends or can there be a gap of days between leave end date and new start date?

My job ends 15th Sept, leave ends 29th Sept and new CoS job start will be 15th Oct. as I have asked for a break from the employer will that be ok or does the new start date on Cos for renewal have to be 30th Sept.

Thanks