Tier 2 Gen. Extension - 3 Years CoS!

[Rizahidam77]

Dear Members,

I was to complete my 2 years as Tier 2 Gen migrant on 18th Jan 2012. I am also a Level 1 User from my employer to UKBA. I had to issue a CoS for 3 years at first place but by mistake I did that for 2 years.

Now before making an extension application CoS, I contacted the Sponsorship team on behalf of my employer to find out whether i can make a 3 years CoS into extension application to complete 5 years onto Tier 2 Gen. They replied as under:

Dear Rizwan,

Thank you for your email.
In response to your enquiry, you are able to issue a CoS for three years in order to facilitate the migrants extension application to complete a total 5 years.

I hope this is helpful.

Yours Sincerely,

Naurin Fatima.
Customer Service Advisor
Customer Contact Centre
North East, Yorkshire and the Humber Region
UK Border Agency
PO Box 3468
Sheffield
S3 8WA

As a result, I issued the CoS for 3 years as (19-1-2012 to 18-01-2015) with confidence. But today I am recieving my BRP which states leave to remain valid untill (18-01-2014).

Now the CoS is live for 3 years but leave is given for 2 years which raises two questions, whether:

I should wait until current leave expires and shall make another application to complete the one remaining year available onto current CoS? OR
I should contact to the BRP team to make my leave correct for 3 years period as per my live CoS quoting them the above email response from Sponsorship team?

I will really appreciate the members opinion on above issue.

Kind Regards

[geriatrix]

I believe you should have generated a new CoS for "3 years" and used that for your application. Did you do that?
If not, what did you do to change the "2 year" CoS into a "3 year" CoS?

[Rizahidam77]

I believe you should have generated a new CoS for "3 years" and used that for your application. Did you do that?
If not, what did you do to change the "2 year" CoS into a "3 year" CoS?

Hi Sush,

Yes, I have generated a new 3 Years CoS to support my extension application while in the same job and i secured the above response before doing so from the Sponsorship team at UKBA.

Because the policy guidelines about tier 2 gen extension states the maximum leave into extension leave would be 2 years or the period mentioned on your CoS (whichever is shorter). Unfortunately, into my first leave, I myself issued the CoS for 2 years which should have been for 3 years.

That is why i was trying my luck this time to cover 5 years total leave by asking them whether a 3 years CoS can be issued or leave be granted into extension application. They answered YES, so i created 3 years CoS and applied but the leave turned up 2 years.

Now, everything is OK but whether the the CoS live for 3 years will remain till end or it will be expired with my 2 years leave?

Thanks for the comment.

[geriatrix]

The CoS is no longer "live". It has been "used" (you have been issued leave, albeit for 2 years). A CoS remains live for a period of 3 months from the date of issue provided an application for leave to enter/remain has not been made using the CoS in question.

Whether you should have been granted leave to remain for 2 years or 3 years is explained under 245HE.

You may apply for correction only if you have not been issued leave in accordance with 245HE. else you will need to apply for another extension an and when the current leave is due to expire.

[Rizahidam77]

The CoS is no longer "live". It has been "used" (you have been issued leave, albeit for 2 years). A CoS remains live for a period of 3 months from the date of issue provided an application for leave to enter/remain has not been made using the CoS in question.

Whether you should have been granted leave to remain for 2 years or 3 years is explained under 245HE.

You may apply for correction only if you have not been issued leave in accordance with 245HE. else you will need to apply for another extension an and when the current leave is due to expire.

It helps, many thanks Sush!