Switching from PSW to Tier 2 G - starting date

[ivanpetrov]

I am in the UK under a PSW visa that expires on 21 January 2013. I have been employed by a UK employer since 2010.

In February 2012 the employe issued me a certificate of sponsorship. The intention was for me to apply for a Tier 2 General visa that would become effective immediately. However, the employer thought that the start date should be immediately after the expiry day of my current PSW leave to remain. Therefore, they put the start date 21 January 2013.

UKBA refused my T2 General visa application, saying that I was applying to far in advance.

Can the employer change the date on the certificate? What start date and what expiry date should they put?

Thank you, any help would be much appreciated.

[geriatrix]

Clause 167 of the policy guidance.
A new CoS will be needed.

[ivanpetrov]

Thank you!

167. You must apply within three months from the date your Certificate of Sponsorship was assigned. You must also apply no more than three months before the start date on your Certificate of Sponsorship. If this is not possible, you should contact your sponsor.

However in this case, what should be the dates of the certificate?

[geriatrix]

Tomorrow's date .. if you wish it so.

It is up to you when you wish to switch from Tier 1 (PSW) to Tier 2. All your employer is required to do is agree on a "start date" and mention that in the CoS.

In short, your start date can be any day from tomorrow until the expiry date of your current leave ..... your wish. But you must remember what 167 states and choose a date accordingly.

[ivanpetrov]

Thanks sushmehta,

I understand about the start date. However the system is asking for an expiry date. Clearly, I want my T2G visa to be valid for the longest period possible. If say the start date is 1 June 2012, should the expiry date of the certificate be 1 June 2015 (3 years after issuing the certificate) or 20 January 2016 (3 years after the expiry of my current leave)?

[manci]

Thanks sushmehta,

I understand about the start date. However the system is asking for an expiry date. Clearly, I want my T2G visa to be valid for the longest period possible. If say the start date is 1 June 2012, should the expiry date of the certificate be 1 June 2015 (3 years after issuing the certificate) or 20 January 2016 (3 years after the expiry of my current leave)?

From the date a CoS is assigned it is valid for 3 months. That is the expiry date of the CoS and it must be used before then, i.e.the person to whom it is assigned must apply for entry clearance or leave to remain before then, otherwise the CoS expires.
The CoS must also state a work start date and a work end date. Once the work start date is decided the work end date depends on the employer. If he wants the maximum time then the work end date should be put 3 years after the work start date.