Can I apply under 5 Yr CoS if I've 4 year and 7 months left

Hi,

I got my Tier 2 visa on July 2013 and now would like to switch the employer. I already used up my 1 year 7 months from my 6 year total Tier 2.

So now my question is can I apply for a Tier 2 visa of 4 years 5 months together under the CoS category 5 year Or is that category is only for candidates who can apply 5 year at first time itself. One of my solicitor friend told me I can apply for only 3 year Cos , is that right?

2. After getting the visa under new CoS if my start date is 1 month ahead can I do my notice period - 1 month, is that legal?

Many thanks in advance.

your employer can apply for a 5 year cos and u will then have to apply for 5 year tier 2. However you will be given a a visa for 4 years and 7 months only. This should be helpful if you are thinking to stick with new employer for that long as you will not have to do the extension.

Yes, after issuing of new visa, you can work with current emloyer till the start date on the new visa

Thank You very much for your reply.

I am wondering, is there any restrictions for UKBA to give visa for less than 5 years like 4 and a half years? If you have any supporting link about both the issues could you send it to me please. I heard either 3 yr or 5 yr no in between visa, is that right?

Also my new employer said she will put only 4 and a half year length in CoS, would that okay?

Suppose, I applied for 4 and a half year with higher fee but UKBA issued only 3 year still am I eligible to get a refund for the extra fee paid??

Many thanks.

visa is issued for the duration your employer has put in cos plus 2 weeks.
hence the visa can be issued for 1 month, 1 year, 1 year 4 months, 3 years 5 months.. any number that your employer puts in.
If your employer puts 5 years, they will issue visa that will make your total stay for 4 years and 7 months.

The fee category is however of 2 types.. Visa for less than 3 years or visa for more than 3 years..
you pay to what has been said in cos.
this should cover all your questiosn, if not, read this post again.

Hi,
Many thanks for your reply.

Just for the knowledge of others who are in the same state -
I've rang UKBA now and I have been informed as I am extending my Tier 2 visa I can't apply for 5 year CoS! She advised me apply for 3 year now and later extend it...

About the notice period - I can work for the present employer until the start date in the new CoS.

Thanks

you have been given incorrect information by the UKVI contact centre. Read immigration rule 245HE(a):

https://www.gov.uk/government/uploads/s ... _final.pdf

Hi

I have just been granted 3 years & 10 months (6 years - Time alreday spent=Balance time left) visa after applying on 5 years COS so just to clarify that Manci & others are right & other info is incorrect.

Hope it clarifies.

Hi,

Really beneficial post.. Many thanks.

Thanks Manci for your kind reply.

I was trying to call UKBA again after reading the post from manci. And I thought after getting a confirmation 'll update the post..

Whilst what did you put in your CoS as end date and start date - 5 year full or 3 yr and 10 months only.. as I am going to collect my CoS day after tomorrow..

Also do you mind to tell me if it was a Postal appln how long it had taken to get a confirmation/visa?

Hi

Well i mentioned 5 years as mentioned on COS while i was aware of the fact that i will get visa of 3 years and 10 months as i alreday spend rest of the period on tier 2 G visa.

well for the piece of mind i applied via premium service else one get remain hanging for the postal response. but the outcome is same if you have patience then apply via post else apply via premium service.

Hope it helps.

Hi,

Thank you for your kind reply. Hopefully I can sort out my problem soon..

many thanks for the help.

HI,

Hope everyone is well. I have a similar issue:

Applying for tier 2 extension --> Sponsor issues COS for 5 year ---> Eligible for ILR in 9 months.

Now do i apply for extension for the 5 years (>3yrs criteria) and pay the full IHS surcharge and then after 9 months apply for ILR?

Thanks to anyone who can reply!!

Hi
I think you need a CoS for 3 years not CoS for 5 years. The application fee for 5 year CoS is double compared to 3 year and you need less than a year.
So I would suggest go and get a CoS for 3 year and then apply.
However if you don't mind the application fee just go with 5 year CoS.Its all up to you!
Thanks
M

Thanks for the reply!

I have already been issued the COS, not sure if i can do anything else?