Tier 2 Extension queries

tier2_applicant · Post by **tier2_applicant** » Tue Jul 22, 2014 11:34 am

Hello,

my details:

Sep 2008: Came to UK for my masters degree

Dec 2009: Finished my masters degree

Nov 2010: Started working for my current employer on a Post Study Work visa

Dec 2011: Application for Tier 2 company sponsored visa logged

Jan 2012: Biometrics done and received the Tier 2 Visa.

March 2014: Married in India. My wife joined me in the UK with her spouse visa granted in India.

I am currently on the Tier 2 Company sponsored visa - which was issued in January 2012 and the Biometrics card issued a few weeks later. This visa is now coming to its expiry date in first week of Jan 2015 and my employers want to extend it. I am on a salary below £35,000 and my job profile is not on the shortage occupation list. Since there have been some changes to the rules in April this year, I wanted to clarify some things:

1. Can I apply for a 2 year extension or 3 year ? Which one is better for my case to apply for ILR in the future?

2. Which forms do I use for the Tier 2 extension?

3. Is a CoS needed for the extension? My designation hasn't changed in the last 4 years.

4. Does my wife's visa extension get covered under the same application as me?

5. Is there any other visa category I can switch to in the future or now (I read about Tier 2 General here but couldn't understand it completely)

I will appreciate if someone could clarify these doubts I have and provide some guidance.

Thank you

tier2_applicant · Post by **tier2_applicant** » Thu Jul 24, 2014 1:27 pm

Anyone please ? I will really appreciate relevant information/answers

manci · Post by **manci** » Fri Jul 25, 2014 8:58 am

tier2_applicant wrote:Hello,

my details:

Sep 2008: Came to UK for my masters degree

Dec 2009: Finished my masters degree

Nov 2010: Started working for my current employer on a Post Study Work visa

Dec 2011: Application for Tier 2 company sponsored visa logged

Jan 2012: Biometrics done and received the Tier 2 Visa.

March 2014: Married in India. My wife joined me in the UK with her spouse visa granted in India.

I am currently on the Tier 2 Company sponsored visa - which was issued in January 2012 and the Biometrics card issued a few weeks later. This visa is now coming to its expiry date in first week of Jan 2015 and my employers want to extend it. I am on a salary below £35,000 and my job profile is not on the shortage occupation list. Since there have been some changes to the rules in April this year, I wanted to clarify some things:

1. Can I apply for a 2 year extension or 3 year ? Which one is better for my case to apply for ILR in the future?
as far as the extension is concerned you can apply for any length of time up to the 6 year limit, which in your case is Jan 18, but the period must correspond to the work end date stated in the CoS. Also, your job has to be NQF level 4 or above with appropriate salary. You will be eligible to apply for ILR 28 days before the 5th anniversary of your initial T2 leave and will need a min. salary of £35k at the time (not now), or the min. for your job SOC code if that is higher

2. Which forms do I use for the Tier 2 extension?
https://www.gov.uk/government/uploads/s ... _04-14.pdf
this is the current form but you need to check if it is still current at the time of your application

3. Is a CoS needed for the extension? My designation hasn't changed in the last 4 years.
yes, a new CoS will be needed for the extension

4. Does my wife's visa extension get covered under the same application as me?
she will have to make a separate application

5. Is there any other visa category I can switch to in the future or now (I read about Tier 2 General here but couldn't understand it completely)
you can remain on T2G if you continue to be sponsored by your employer and will be eligible to apply for ILR in 2017 provided you meet the requirements.

I will appreciate if someone could clarify these doubts I have and provide some guidance.

Thank you

tier2_applicant · Post by **tier2_applicant** » Fri Jul 25, 2014 10:57 am

manci, thank you for the replies. You have been very helpful like always.
I have a few other questions regarding your replies. Hope you/someone can clarify further

1. Can I apply for a 2 year extension or 3 year ? Which one is better for my case to apply for ILR in the future?
as far as the extension is concerned you can apply for any length of time up to the 6 year limit, which in your case is Jan 18, but the period must correspond to the work end date stated in the CoS. Also, your job has to be NQF level 4 or above with appropriate salary. You will be eligible to apply for ILR 28 days before the 5th anniversary of your initial T2 leave and will need a min. salary of £35k at the time (not now), or the min. for your job SOC code if that is higher

I will have to check the work end date on the CoS with my employers. I believe you mean the CoS used when we first applied for the Tier 2 in Dec 2011? I have checked that the job is in NQF level 6 as per (https://www.gov.uk/government/uploads/s ... 4_V0_6.pdf)

So you mean I can apply for the ILR 28 days before 21 Jan 2017 with a minimum salary of 35k (the salary mentioned in my SOC code is lower)

2. Which forms do I use for the Tier 2 extension?
https://www.gov.uk/government/uploads/s ... _04-14.pdf
this is the current form but you need to check if it is still current at the time of your application

3. Is a CoS needed for the extension? My designation hasn't changed in the last 4 years.
yes, a new CoS will be needed for the extension

Does my employer request the CoS with UK visa authorities? How long before logging application should we request it? My visa expires in last week of Dec 2014 and I want to log application for extension by early November.

4. Does my wife's visa extension get covered under the same application as me?
she will have to make a separate application

Can it be done at the same time as my application? Which form is used for it? Her visa expires at the same date as me

5. Is there any other visa category I can switch to in the future or now (I read about Tier 2 General here but couldn't understand it completely)
you can remain on T2G if you continue to be sponsored by your employer and will be eligible to apply for ILR in 2017 provided you meet the requirements.

Sorry, I thought I was on Tier 2 ICT - I am not sure about the difference between Tier 2 ICT and Tier 2 General. I guess based on what you are saying I am on Tier 2 General - which I have confirmed as it says on my biometric card "Tier 2 general (leave to remain)" issued on 21 Jan 2012

Many thanks

tier2_applicant · Post by **tier2_applicant** » Mon Aug 18, 2014 8:12 am

Hi,

Another related query to my earlier questions:

What if my CoS is still valid/ not expired yet - can i still use the same for extension? If it has expired what is the process for requesting a new one ?

manci · Post by **manci** » Mon Aug 18, 2014 9:00 am

for an extension you need a new CoS which your sponsor has to assign to you - they know the process.

tier2_applicant · Post by **tier2_applicant** » Mon Aug 18, 2014 9:18 am

Ok. Thanks for that info. How long before my application should the employer request for the CoS - keeping in mind that I am planning to log application for extension around first week of November this year....?

manci · Post by **manci** » Mon Aug 18, 2014 12:49 pm

if your sponsor has an unrestricted CoS allocation available on their account they can assign it immediately, otherwise they have to request an allocation

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