A weird case of COS extension, I been stuck between HR, UKVI and solicitors!

Hi everyone,

I am really stressed and I would appreciate if any experienced member could help me.

My current cos ends 31/08/2020 and my bro ends two weeks after, 14/09/202040.

I have applied for an extension (with the same sponsor and job) with a cos which starts from 1/09/2020 on 17/06/2020.

Now when I checked the guidence for tier 2 Spencer's on HO, I found

'" 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.""

my question is will my application would be refused?

If so, would it be better to cancel it and make a fresh application?

Sim

Sorry for typos.

Just to clarify, my concern is that my cos starts after my current cos Not the brp end date

Will it be a ground for refusal?

Any reply, please...

If I'm going to get refused for sure, I think it's better to cancel my application and make a new one.

I was think I have have made my application on 17th June which is within the end of brp date which is the intended date by HO. Does this help?

No Clue, yet!

Hi,

I have been a silent visitor of this forum for several years and I have learnt a lot from this forum, and now I am really in need of an experienced member to help me.

My current Tier 2 VISA is due on September 14th, and I applied for extension on June 17th with new COS to extend (same sponsor and job) starting from September 1st. However, when I check the Home Office website (Tier 2 and 5: Guidance for Sponsors -Addendum), it says

``40.22When 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.’’

Which means the start date should be September 15th.

I discussed this issue with the HR and they said they had other cases of overlaps but there has been no issue (Personally I think they chose the September 1st just the start date would stay within the 3 months of assign date; June 11th), and they said I need to ask UKVI helpline so if there is an issue, only then they issue another COS.

I asked the UKVI helpline but they said we are not immigration solicitor!
Then I have asked two solicitors!

The first solicitor said ‘’ they cannot refuse the visa due to a discrepancy within the dates. The visa will be issued on or after the 15th September 2020.’’

The second solicitor said ‘’ The COS needs to be corrected by a note of your sponsor and If left uncorrected then there is a risk they may refuse’’

Is there anyone here able to help me? I really do not know what to do. I am stuck between HR, UKVI and Solicitors.