Tier-2 Extension - Start date on CoS

[shivuk]

Hi Sushdmehta,

I have been assigned by an UCoS by my employer to extend my current leave that expires on 15 March 2012. My employer mentioned mentioned 2 March 2012 as the start date in the CoS is to maintain the contunity with my earlier CoS!
I found that this is opposed to UKBA recommendation that the start date should be after expiry of current leave (16 March 2012 in my case) . Do you think it would create any problem?

Thanks in advance for your expertise advise.

[arsenal49]

I found that this is opposed to UKBA recommendation that the start date should be after expiry of current leave (16 March 2012 in my case) .

where is your reference for that assertion?

[shivuk]

Many thanks for looking into my query and for your reply.

Sorry for not providing you the reference.

It is in the guidance for sponsors:
http://www.ukba.homeoffice.gov.uk/sitec ... sguidance/

para 446 (page 74) of the document titled Policy guidance for Tier 2 and Tier 5 sponsors - valid from 30 September 2011 says

446. We recommend that when you assign a CoS to extend a migrant’s leave, the start date you give should be the day after their current leave expires. For example, if the migrant’s current leave expires on 31 December 2011, the start date on the CoS should be 1 January 2012.

I discussed this with a friend of mine who argues that recommend does not mean compulsory. I do not know whether this argument is applicable for rules and laws.

I would be grateful if you could provide your expertise advise.

[shivuk]

Just to close this, I wish to inform you that my employer is cancelling my issued CoS and issuing me a new CoS with start date after the expiry of my current leave.

[john353]

Surprised to hear this as I have a similar situation. Currently waiting for a COS from the company for my visa extension. Current job end date is 29 march 2012 and visa expiry is april 13th 2012. So start date for new COS has to be april 14? So will I not be able to work from march 30 to april 13?

Shivuk in your case is it possible to work from march 2 to 15th? Comments from other experts also appreciated.

[shivuk]

My situation is slightly different as my current job ends on 6 April 2012! My employer ammended my contract just after joining with them!!

(i) You could ask your employer to extend your current contract up to 13 April 2012 and get a CoS from 14 April 2012.

(ii) If you will not be short of 5 years stay even if you get 2 years extension from 30 March 2012, you can ask your employer to issue CoS from 30 March 2012 after checking with UKBA as they recommend to give the CoS from the expiry of current leave. As my friend argue, it is a recommendation not a compulsory one. Please ask your employer to check with UKBA.

As you see, I am not expert - Wait for expert comments.

[john353]

Sorry very confused!! I thought to enter 30 march as start date in the new COS would be very natural and straightforward.

As current contract is till 29 March 2012, obviously 29 March would have been entered as last date on my previous COS. How is it possible for the employer to extend my current contract up to 13 April 2012 with out a new COS? Obviously the employer would want me to work during this period and also in the coming years. My employer has requested for a new unrestricted COS as there is no unallocated cos at the moment.

Am i missing something here? Sushdmehta or anyone else please comment.

[shivuk]

Very sorry if any of my post confused you.

I think it is better if you wait for experts comment or ask your employer to call UKBA and get their advise. They can easily talk with UKBA!

[john353]

shivuk thanks for your reply. I think UKBA is causing confusion.

I will check with HR about this. Hopefully they do it correctly. Mean while if somebody who has gone through tier 2 extension process can comment on the COS start date for their new contract that would be great. Comments from experts in the forum also awaited. Many thanks.