TIER 2 (GENERAL),URGENT ADVICE NEEDED PLEASE

[Jay1012]

Hello Experts,

Urgent advice needed please please!
I am on Tier 2 general since Feb 2013 and my visa is due to expire on 29th of Dec 2015 and I want to extemd. My employer did not realise that they had no COS allocated, we applied for the COS on 15th of Dec 2015 which is still under consideration. As per the home office advise, we have sent an email to business helpdesk stating the urgency and also attached the copy of my visa. Due to the festive season now, I am worrying that they may not consider our COS allocation request. So now:
1)What happens if they have not approved my COS before my current visa expires? Is there any chance I can stay legally after the visa expired until they approve my COS?
2) Does it affect my Visa history when applying ILR after two years of this extension?

Please any advice on this matter is much appreciated. Please.

[geriatrix]

1. You will become an overstayer from 30-Dec-15. You can still make an out-of-time application before 27-Jan-16.
2. Any overstay of more than 28 days will reset your ILR clock.

[geriatrix]

Being persistent may help expedite CoS issuance.

[Jay1012]

Thanks for your reply sushdmehta. I am hoping the best and I have told my HR department to call them again tomorrow two or three times. However, Is there any option that I have to stay legally? I heard someone saying applying for FLRO to try to extend my stay. Is that possible to avoid the overstay period? Thanks

[Jay1012]

Also, What if I apply for premium service and get the visa extended before 28 days period finishes? Will I still be classified as an overstayer?

[Jay1012]

Hi All
Today is my last date of expiry and I still have not received the COS for my extension. Hopefully if I push today, I might get a COS allocated and then my employer can assign. My question is:
What is the application date? is it the date that you make your online application before expiry? Or the application post date considered as the date of application?
I am confused as the UKBA website says that you can submit the application online and post the application pack within 10 working days. Please help and any valuable suggestions helps my situation.

I am making online application today regardless of whether I get cos or not. And planning to write the COS number on the application that I post if I get a COS before that 10 working days period( provided the above statement is true). Could someone please urgently advise in this matter? Thanks.

[geriatrix]

Read 34G.

[Jay1012]

Hi sushdmehta

Thanks for your reply.

Following the above queries, I have now made FLR(FP) application on time and was waiting for the COS to be approved by UKBA. So that I can withdraw my FLR application and submit my Tier 2 extension application. But today the COS has been rejected in the grounds of ' Insufficient explanation provided for the extension'. my employer rang and found that there was no sufficient information provided explaining the reason for the extension. So we are planning to apply for another COS with an urgent consideration again.So my questions are:
1) Am I staying legally( not working now) until I get the decision for my FLR application? Does it affect my ILR application after 5 years?
2) Can you withdraw the FLR application at anytime as soon as I got the COS?

I am in a bad shape and any reply would be guide me well. Please advise. Thanks in advance.

[geriatrix]

1. Yes. Will depend on the outcome.
2. Don't withdraw but vary your FLR(FP) application to Tier 2 application instead.

[Jay1012]

Thanks for your reply.
Fingers crossed.