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Tier 2 G Extension - agent messed up -Advise please

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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raj2015
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Joined: Tue Jun 16, 2015 10:03 am

Tier 2 G Extension - agent messed up -Advise please

Post by raj2015 » Tue Jun 16, 2015 10:15 am

Hi Experts/Gurus,

Need your help please. I had a tier 2 general sponsored by my company from 2012 to 2015 which was now due for renewal in June. I applied for extension through company's legal rep. My company provided my contract dates for 3 more years for visa purpose ( 2015 to 2018) and also paid for 3 years of NHS Surcharge. When I received my visa back, the validity on BRP is just for 1 more year - i.e until 2016 June.

My question is:
1) Should I not have got another 3 years visa as per Home office rules ? Does it seems to be error by Home office or is it their discretion to give 1, 2 or 3 years? (considering I am eligible for max 6 years)
2) Legal rep of company seems to be pushing away the things saying this is it and they can't do anything. What are my options??Should I get in touch with Home office directly to get this corrected?


Thanks for your help in advance.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 G Extension - agent messed up -Advise please

Post by manci » Tue Jun 16, 2015 11:54 am

raj2015 wrote:Hi Experts/Gurus,

Need your help please. I had a tier 2 general sponsored by my company from 2012 to 2015 which was now due for renewal in June. I applied for extension through company's legal rep. My company provided my contract dates for 3 more years for visa purpose ( 2015 to 2018) and also paid for 3 years of NHS Surcharge. When I received my visa back, the validity on BRP is just for 1 more year - i.e until 2016 June.

My question is:
1) Should I not have got another 3 years visa as per Home office rules ? Does it seems to be error by Home office or is it their discretion to give 1, 2 or 3 years? (considering I am eligible for max 6 years)
2) Legal rep of company seems to be pushing away the things saying this is it and they can't do anything. What are my options??Should I get in touch with Home office directly to get this corrected?

Thanks for your help in advance.
to start with get a copy of the CoS and check it. Did you apply online or by filling the paper form- in either case do you have a copy of what you signed? Also check the amount that was paid for the fee and the health charge.


raj2015
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Posts: 11
Joined: Tue Jun 16, 2015 10:03 am

Re: Tier 2 G Extension - agent messed up -Advise please

Post by raj2015 » Tue Jun 16, 2015 12:07 pm

Hi Manci, thank you for your reply. yes I did check CoS, also checked the form and signed it and both are fine...correct CoS and nothing wrong with form. It was online form postal priority.Fee paid is 951 Pounds plus 600 towards NHS Surcharge.

I am trying to get things clarified with HR, but agent is trying to just tell me that its Home offices discretion which isn't any logical for UK visa system.

Meanwhile trying to get answers to these couple of questions I posted to get clarity on my situation.Thanks again.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 G Extension - agent messed up -Advise please

Post by manci » Tue Jun 16, 2015 2:28 pm

raj2015 wrote:Hi Manci, thank you for your reply. yes I did check CoS, also checked the form and signed it and both are fine...correct CoS and nothing wrong with form. It was online form postal priority.Fee paid is 951 Pounds plus 600 towards NHS Surcharge.

I am trying to get things clarified with HR, but agent is trying to just tell me that its Home offices discretion which isn't any logical for UK visa system.

Meanwhile trying to get answers to these couple of questions I posted to get clarity on my situation.Thanks again.
persevere with asking HR and their immigration advisor for an explanation.
If it turns out that the HO made a mistake you can get it rectified, see:
https://www.gov.uk/biometric-residence- ... t-mistakes

raj2015
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Posts: 11
Joined: Tue Jun 16, 2015 10:03 am

Re: Tier 2 G Extension - agent messed up -Advise please

Post by raj2015 » Tue Jun 16, 2015 2:55 pm

Thank you Manci. Considering what I have mentioned so far, do you think I should have got 3 years visa or min 2 year?

Also , was checking the link to Admin review, in case I need to...they say it cost 80 Pounds and there is an email to write to Home office, do we know at what stage do we make payment of this 80 quid?

THanks a lot.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 G Extension - agent messed up -Advise please

Post by manci » Tue Jun 16, 2015 3:17 pm

raj2015 wrote:Thank you Manci. Considering what I have mentioned so far, do you think I should have got 3 years visa or min 2 year?

Also , was checking the link to Admin review, in case I need to...they say it cost 80 Pounds and there is an email to write to Home office, do we know at what stage do we make payment of this 80 quid?

THanks a lot.
if the company engages an immigration advisor s/he should sort this out. Complain to HR is s/he doesn't cooperate.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 G Extension - agent messed up -Advise please

Post by manci » Tue Jun 16, 2015 5:54 pm

manci wrote:
raj2015 wrote:Thank you Manci. Considering what I have mentioned so far, do you think I should have got 3 years visa or min 2 year?

Also , was checking the link to Admin review, in case I need to...they say it cost 80 Pounds and there is an email to write to Home office, do we know at what stage do we make payment of this 80 quid?

THanks a lot.
if the company engages an immigration advisor s/he should sort this out. Complain to HR if s/he doesn't cooperate.

raj2015
Newly Registered
Posts: 11
Joined: Tue Jun 16, 2015 10:03 am

Re: Tier 2 G Extension - agent messed up -Advise please

Post by raj2015 » Thu Jun 18, 2015 9:27 am

after a lot of digging, it turns out that immigration advisor had put end date of 1 year only on CoS..which eliminates my option to go for an admin review.

What are my options now to extend it for full 3 years? Any thoughts pls?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 G Extension - agent messed up -Advise please

Post by manci » Thu Jun 18, 2015 9:41 am

raj2015 wrote:after a lot of digging, it turns out that immigration advisor had put end date of 1 year only on CoS..which eliminates my option to go for an admin review.

What are my options now to extend it for full 3 years? Any thoughts pls?
new CoS >> new application >> pay fee again

If the company's immigration advisor was negligent, i.e. if the company wanted the period of engagement to be 3 years but he only put only 1 year in the CoS, he should pay for all this.

btw - if you paid the health surcharge for 3 years you should get a refund.

next time ask for a copy of the CoS and check it before you apply

raj2015
Newly Registered
Posts: 11
Joined: Tue Jun 16, 2015 10:03 am

Re: Tier 2 G Extension - agent messed up -Advise please

Post by raj2015 » Thu Jun 18, 2015 10:03 am

thanks Manci, sounds like this is the only option now...who pays...ideally agent should, they failed the process, to me it looked more like a deliberate attempt as they suggested it is extended only for a year...pro0bably they were trying to make their fee by doing the same process again and again...gosh...that sounds more like a scam to ..time to raise a Red Flag.

raj2015
Newly Registered
Posts: 11
Joined: Tue Jun 16, 2015 10:03 am

Re: Tier 2 G Extension - agent messed up -Advise please

Post by raj2015 » Thu Jun 18, 2015 10:43 am

manci wrote:
raj2015 wrote:after a lot of digging, it turns out that immigration advisor had put end date of 1 year only on CoS..which eliminates my option to go for an admin review.

What are my options now to extend it for full 3 years? Any thoughts pls?
new CoS >> new application >> pay fee again

If the company's immigration advisor was negligent, i.e. if the company wanted the period of engagement to be 3 years but he only put only 1 year in the CoS, he should pay for all this.

btw - if you paid the health surcharge for 3 years you should get a refund.

next time ask for a copy of the CoS and check it before you apply
Just a quick one - I believe Home office would not have any issues with re application and new CoS issue etc?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 G Extension - agent messed up -Advise please

Post by manci » Thu Jun 18, 2015 7:03 pm

raj2015 wrote: I believe Home office would not have any issues with re application and new CoS issue etc?
correct but note that there is a 6 year cap on your stay and you will be eligible for ILR after 5 years on T2G

JS28
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Joined: Sun Nov 04, 2012 7:44 pm

Re: Tier 2 G Extension - agent messed up -Advise please

Post by JS28 » Sun Jun 21, 2015 8:09 pm

manci wrote:
raj2015 wrote:after a lot of digging, it turns out that immigration advisor had put end date of 1 year only on CoS..which eliminates my option to go for an admin review.

What are my options now to extend it for full 3 years? Any thoughts pls?
new CoS >> new application >> pay fee again

If the company's immigration advisor was negligent, i.e. if the company wanted the period of engagement to be 3 years but he only put only 1 year in the CoS, he should pay for all this.

btw - if you paid the health surcharge for 3 years you should get a refund.

next time ask for a copy of the CoS and check it before you apply
Hi Manci,

Is it possible to get refund from NHS surcharge if you paid for 3 years when extending tier 2 but you got your ILR after a year which is 2 years earlier than the expiry of tier 2?

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