Tier 2 Extension --- Clarification/Confirmation Required??

[fila66]

Dear Seniors/Experts!

BACKGROUND :
Currently I am on Tier 2 (General), I switched from Tier 4 (Student) in last year after completion of my Level 7 Diploma. SOC code used in first application was 1152, having; title Office managers; NQF Level 4 ; Salary 25,000
My visa is going to be expired in next month and I am bit stuck with these questions. I hope someone here will help me on that..

QUESTIONS:
1) I have selected the new converted code 4161 which matches the job descriptions and duties under the old code, is it ok to use this new code?

2) My last NQF Level was 4 but under new rules NQF Level 6 or above is required. Would that be right to use above code with Level 4 as I am already on same Level ?

3) My Salary is 25,000 pa, but under this code salary is 21,800 for experienced staff. Do I have to change my salary or I can go with no problem ?

4) Last leave to remain was for one year and 4 months under Tier 2 general, what is the maximum time frame I can go for ( 3 years or 4 years ) in my new extension ?


Your assistance in this matter will be highly thankful. I can provide more detail if above is not sufficient.


Regards,
Waiting...

[manci]

If your initial T2G leave was granted under the rules after 13 June 2012 then the job for your application for leave to remain has to be NQF level 6, a lower level will not be acceptable.

If your initial T2G leave was granted under the rules before 14 June 2012 then a NQF level 4 job would be OK.

[dresotto]

Dear friends,
I am in a bit of a situation here. I was granted tier 2 in Jan 2009, that means I have spent almost 5 yrs now. My application for ILR was denied on grounds that I spent more than 180 days out of the UK in the last year.
My sponsor is willing to giving me an extension Certificate of Sponsorship. The question is, how many times can you extend your tier 2? I understand that each extension cannot be more than 3yrs 14 days.

[manci]

I am in a bit of a situation here. I was granted tier 2 in Jan 2009, that means I have spent almost 5 yrs now. My application for ILR was denied on grounds that I spent more than 180 days out of the UK in the last year.
My sponsor is willing to giving me an extension Certificate of Sponsorship. The question is, how many times can you extend your tier 2? I understand that each extension cannot be more than 3yrs 14 days.

in your case there is no limit to the number of extensions provided you have a CoS each time.

The max 180 day absence relates to 12 months periods counted backwards from the date of the ILR application, not to calendar years. This means that by the judicious choice of the application date you may be able to break up a more than 180 day period into two chunks that are less than 180 days each. If you can do this, and you still have valid leave, you could re-apply

[dresotto]

Hello Manci,
Thank you very much for the reply and prompt reply. What i meant by last year was the previous 12 months. I tend to say that because my visa was first issued in January which means that for me last 12 months is the same as last year.
Anyway, thanks for the reply. I will apply for extension under tier 2 and will post my outcome on this board.

[manci]

if your current leave expires shortly you should apply for an extension.

You may know this but just to explain the 180 day rule with a hypothetical example:

if you had been absent from the UK (for a permitted reason), say, March-September 2013, i.e. for 7 months, you could apply for ILR in April 2014 because then in the 12 month period immediately preceding your application you would only have been absent for less than 180 days.

[dresotto]

Thank you respected guru. I am aware of this. However I cannot use it since my current leave expires soon and if they counted back twelve months, there are still more than 180 days. I submitted my application today for extension under tier 2.

[dresotto]

I posted on 19th December 2013 and promised to give feed back about my application. I applied for the 2nd extension (beyond 5yrs) and was granted this week. Extension of T2G beyond 5/6yrs is only possible if your initial grant was before April 2011. My initial grant was in 2009; I could not qualify for ILR because of the 180 day rule. Hope this post helps someone who was searching for something.