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Timing of Tier 2 Extension

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

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vika09
Newly Registered
Posts: 17
Joined: Wed Aug 27, 2014 8:24 pm

Timing of Tier 2 Extension

Post by vika09 » Wed Feb 20, 2019 7:12 am

Hi everyone,

I'm hoping this is not too complex, but I was wondering what the position of Immigration Rules are in relation to timing of an extension application?

My current Tier 2 Gen (BRP) expires 5 December 2019.
My 6th year in the UK will be 6 November 2020.
Therefore, I intend to apply for my ILR approximately early November 2019.

However, in case my ILR application is not successful, the last thing I want to do is scramble for a Tier 2 Extension in December 2019. So I want to apply for a Tier 2 Extension as soon as possible.

My employer is more than happy to issue/assign a new CoS in support of this, but I wanted to make sure that if I apply - let's say - March 2019, what do I need to do (and/or make sure my employer does) to ensure that the extension I get is until 5/6 November 2020?

My interpretation is that this depends on the CoS that is issued/assigned to me; the employer has a choice between "up to 3 years" and "over 3 years". Since I've already been in the country for 4.5(ish) years, there's little sense in "over 3 years".

So, am I right in thinking that even if my employer issues a CoS now (Feb/March 2019), as long as they choose "up to 3 years" and leave a note(?) on the system saying the extension is for "maximum period available", I should get an extension until 5/6 November 2020?

Naturally, when I apply online I should state that my CoS is for "up to 3 years"?

Anything else I or my employer should do?

Or is the general consensus that I should wait as close to expiry of current Tier 2 Visa before I apply for an extension?

Thank you!

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 5:44 pm
Malaysia

Re: Timing of Tier 2 Extension

Post by UKLL » Wed Feb 20, 2019 8:27 pm

vika09 wrote:
Wed Feb 20, 2019 7:12 am
Hi everyone,

I'm hoping this is not too complex, but I was wondering what the position of Immigration Rules are in relation to timing of an extension application?

My current Tier 2 Gen (BRP) expires 5 December 2019.
My 6th year in the UK will be 6 November 2020.
Therefore, I intend to apply for my ILR approximately early November 2019.

However, in case my ILR application is not successful, the last thing I want to do is scramble for a Tier 2 Extension in December 2019. So I want to apply for a Tier 2 Extension as soon as possible.

My employer is more than happy to issue/assign a new CoS in support of this, but I wanted to make sure that if I apply - let's say - March 2019, what do I need to do (and/or make sure my employer does) to ensure that the extension I get is until 5/6 November 2020?

My interpretation is that this depends on the CoS that is issued/assigned to me; the employer has a choice between "up to 3 years" and "over 3 years". Since I've already been in the country for 4.5(ish) years, there's little sense in "over 3 years".

So, am I right in thinking that even if my employer issues a CoS now (Feb/March 2019), as long as they choose "up to 3 years" and leave a note(?) on the system saying the extension is for "maximum period available", I should get an extension until 5/6 November 2020?

Naturally, when I apply online I should state that my CoS is for "up to 3 years"?

Anything else I or my employer should do?

Or is the general consensus that I should wait as close to expiry of current Tier 2 Visa before I apply for an extension?

Thank you!
You can't apply for an extension until 5 September 2019 (within 3 months of your expiring date), so there is no point to issue you a CoS now. When you apply for extension you will get an extension until 6 November 2020

vika09
Newly Registered
Posts: 17
Joined: Wed Aug 27, 2014 8:24 pm

Re: Timing of Tier 2 Extension

Post by vika09 » Sat Feb 23, 2019 1:02 am

UKLL wrote:
Wed Feb 20, 2019 8:27 pm
You can't apply for an extension until 5 September 2019 (within 3 months of your expiring date), so there is no point to issue you a CoS now. When you apply for extension you will get an extension until 6 November 2020
Hi, thank you for the guidance!

Is there any link you can provide (e.g. Immigration Rules) where I can read into this? I'm curious to know where it states that extensions cannot be done earlier than 3 months from expiry. Thank you!

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 5:44 pm
Malaysia

Re: Timing of Tier 2 Extension

Post by UKLL » Sat Feb 23, 2019 11:49 pm

vika09 wrote:
Sat Feb 23, 2019 1:02 am
UKLL wrote:
Wed Feb 20, 2019 8:27 pm
You can't apply for an extension until 5 September 2019 (within 3 months of your expiring date), so there is no point to issue you a CoS now. When you apply for extension you will get an extension until 6 November 2020
Hi, thank you for the guidance!

Is there any link you can provide (e.g. Immigration Rules) where I can read into this? I'm curious to know where it states that extensions cannot be done earlier than 3 months from expiry. Thank you!
https://assets.publishing.service.gov.u ... _v1.0_.pdf

rule 40.22

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 5:44 pm
Malaysia

Re: Timing of Tier 2 Extension

Post by UKLL » Sat Feb 23, 2019 11:51 pm

UKLL wrote:
Sat Feb 23, 2019 11:49 pm
vika09 wrote:
Sat Feb 23, 2019 1:02 am
UKLL wrote:
Wed Feb 20, 2019 8:27 pm
You can't apply for an extension until 5 September 2019 (within 3 months of your expiring date), so there is no point to issue you a CoS now. When you apply for extension you will get an extension until 6 November 2020
Hi, thank you for the guidance!

Is there any link you can provide (e.g. Immigration Rules) where I can read into this? I'm curious to know where it states that extensions cannot be done earlier than 3 months from expiry. Thank you!
https://assets.publishing.service.gov.u ... _v1.0_.pdf

rule 40.22


40.22 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.

vika09
Newly Registered
Posts: 17
Joined: Wed Aug 27, 2014 8:24 pm

Re: Timing of Tier 2 Extension

Post by vika09 » Sun Feb 24, 2019 6:22 pm

UKLL wrote:
Sat Feb 23, 2019 11:49 pm

https://assets.publishing.service.gov.u ... _v1.0_.pdf

rule 40.22

Perfect! Thank you!

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