Tier 2 Extension - Dates on the visa?

[silverchloride]

Hi all,

I've just submitted an application for Tier 2 extension but concerned about the total duration I will have spent for ILR.

- My previous Tier 2 was from 19th September 2011 – 1st September 2014 (that’s less than 3 years). Although the CoS start date was 1st September 2011 but the visa was processed late so they just granted leave from 19th September.

- The dates of the new CoS are 2nd September 2014 to 2nd September 2016.

So in total, this is 19 days short of 5 years.

Do you think the immigration officers usually grant an additional 19 days on the application so that I can qualify for indefinite leave to remain (making it a total of 5 years)? Or will it just end on 2nd September 2016, which means I’d have to apply for another extension...

Can my employer modify these dates to ensure they can add a few weeks more? I have now posted my application so can the CoS be modified now?

Any advise will be very much appreciated.

[silverchloride]

Ok I found this guidance:

You may be granted leave for whichever is the
shorter of:
i.
a period equal to the length of the
engagement given on your Certificate of
Sponsorship plus 1 month

So does that mean, my new leave will be upto the end of September 2016 based on the above information?

Please experts help!!

[silverchloride]

Anyone please?

It's very confusing. Sometimes it says date on CoS + 1 month, and in some places it says dates on CoS + 14 days.

If they grant me a visa based on the dates I will be 19 days short of 5 years. If they add 14 days, I'll be 5 days short of 5 years and if they add a month after my CoS end date, I will be ok for 5 years.

Any help?

[silverchloride]

Found this here: https://www.whatdotheyknow.com/request/ ... in_5_years

Can any seniors confirm that this is the black and white policy?




From: Settlement Ops Policy Mailbox
UK Border Agency

27 March 2013

Dear Sir/Madam,

Thank you for your request for information about a shortfall in leave towards the end of the continuous period for ILR. Your request has been treated as a routine enquiry, rather than under the Freedom of Information Act 2000, as it the sort of request that we regularly deal with as part of our normal business.

We are unable to offer advice on individual cases, but can confirm that where an applicant has had a shortfall in their leave up to the end of the continuous period for ILR, it is not always necessary for applicants in such circumstances to make an application for a further extension of leave, as applicants can submit an application for settlement in the 28 days before the end of the qualifying period. They must not apply earlier than 28 days before the end of the qualifying period, and provided that they still have extant leave on the date of application, the shortfall will not be a consideration. Please see below example which may help to explain:

Mr A granted initial leave from 23/03/2009 to 23/03/2011
granted FLR at a PEO from 03/03/2011 to 03/03/2014 = 20 day shortfall up to end of 5 year continuous period

Mr A would be able to apply for ILR would between 24/02/14 and 03/03/14, as this is within 28 days of the end of the continuous period, and he would still have 8 days extant leave.

I trust this is helpful

Settlement operational policy

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