Tier 2(General) Extension without COS

[priasda85]

Hi,
My T2 General Visa(4 year 10 months) is about to expire in a week and my employer(A rated) is still unable to get their allocated COS(my previous COS has expired) from Home Office since March.
Can you please advise what options I have to extend my stay in UK(even if Temporarily)
I understand I have to apply before the expiry date of my Visa however I can't submit the application without a valid COS number.
Any inputs or advise will be extremely helpful during this stressful time.

Apparently my Employer had already involved a solicitor. The feedback from Home Office was it would be issued next week. However couple of weeks have already passed since then.

If COS doesn't arrive on time which means I have to suddenly leave the country without any notice. In this case I believe I will no longer be eligible for an extension?

[sachinis100]

Yes you have to apply before your visa expires but once you leave country then you need to serve 12 months cooling off.

[priasda85]

Does that mean I'll have to leave UK although it's not my fault and actually delay is due to capacity issues from Home Office(apparently due to Brexit related overload)

[Frontier Mole]

There is no capacity issue - the issue is with your Sponsor. They firstly failed to request an allocation of COS for this year... secondly when they did they did not use the Premium service to speed the process. They will have to wait upto 18 weeks under the standard service route.

So the story you have been fed is not accurate and is probably covering up for the individual that failed to request a COS allocation for this year.

[priasda85]

My current visa is valid until 12th June.
Does it mean I can apply online latest on 12th June? However if I get the appointment may be few days later will that be considered as overstay?
And during this period am I allowed to work in the same job?
Or I will need to suspend work until the visa is extended.

[sachinis100]

Yes you have to apply latest 12th June online even you get appointment later that's not a problem. You will not be considered overstayer if you submit online on or before 12th june.

Yes your allowed to work as your applying for extension.

From my personal experience to allocate Unrestricted COS to you it doesn't take a day for a employer. What I heard is somepeople even got COS in 30minutes after submitting in SMS.

As Frontier said its all on your employer.

[priasda85]

Hi,
Will really appreciate if someone can advise here, not sure if anyone has gone through a similar situation
Here is my current situation -
I'm currently on Tier 2 General Visa
Start Date : 4th August 2014
End Date: 12th June 2019
Have continuously lived in UK and have been working with the same employer in same role.

Because I'm running short of 2 weeks for eligibility to apply ILR I need to extend my current VISA. However my current employer is still waiting for a COS from home office for quite some time.

In case the COS doesn't arrive by 12th June
1.Is it legal to submit my application without COS on 12th June(with Sponsor's license number). Online application form is asking for my COS number however it's not a mandatory field.
2. If #1 is legal, assuming I get an appointment for a premium service one week later and I have COS by then. Will it be considered as valid by Home Office if I provide sufficient details and cover letter from the employer explaining why I couldn't enter COS number in the online application form.
3. In either case if I assume my application will be rejected will I have any right to appeal or re-apply(with a valid COS this time) within 14 days?
4. By this time I would have completed 4 years 11+ months. Does it mean I'll be eligible to apply for ILR given my employer still needs me in the same job(does it require COS as well)
5. Between #1-#4 will I be able to continue working in the same role with the same employer?
6. Worst case if nothing works in my favour does it require me to leave UK immediately or I'll get 14 days to sort out packing, tickets, rental and other local agreements etc before leaving.

[priasda85]

Hi,
Anyone knows about the first two questions at least?

[CR001]

1. Not sure what you mean by "legal". You must qualify to apply.

2. Date of pplicafion is the date you submit and pay online. Your date of appointment is irrelevant. You must apply on or before your visa expires for it to be an in time application. Assuming of course you get a CoS before your appointment, which there is no guarantee of

3. There are. I appeal rights for PBS route applications. You would likely only get Admin Review option, which is for when you believe HO has made an error. You could reapply but you will have no section 3C protection as it will be an out of time application.

4. You don't need a new CoS for ILR but you must have a valid visa to apply.

5. If you make an in time application, you can work. If you are refused and then make an out of time application, you can't work.

6. You should leave as soon as possible. HO will likely give you 7 days to leave. If your visa has already expired at this point, HO will also likely keep your passport and return it to you at the airport.

[priasda85]

Thanks a lot for your reply.
Fortunately I just received my cos and have already submitted my application and got appointment this week.

What I'm confused now is do I need a NARIC test done for my B.Tech Degree in India for T2 General Extension.
I understand PBS calculator was switched off in April 2016 however I did get my previous extension approved in May 2016 although I only submitted original degree certificate(not sure if Case worker approved it by mistake)