Tier 2 extension and Dependant visa question

[ShrutiBlue]

Hi guys

So my boyfriend is doing an MBA in the US and his course will finish at the end of August. I wanted him to come to the UK as its easier for him to come here as a dependant and find a job than me finding a job along wit sponsorship in the US.

We want to get married this year as soon as his course finishes and apply for his visa. The thing is, my current Tier 2 expires in December this year as well. I think I read somewhere that I can apply for an extension 3 months before my visa expires. So will it be possible for me to apply for an extension and him to apply for a dependant visa at the same time? Maybe sometime in September?

Thanks in advance guys, any replies would be highly appreciated!

[ShrutiBlue]

Anyone?

[paradoxical]

Tier 2 visa is attached to an employer. Whether you can apply for extension or not will depend on your current employer or any new employer who is willing to sponsor you and you will need a certificate of sponsorship. Assuming you have that part sorted, you can first apply for Tier 2 extension visa in the UK, get it and then apply for your bf/husband visa.

[iworker]

if you employer is ready to sponsor u, u can apply even now.. it doesnt have to be 3 months before your visa expires. Get your visa sorted between now and good time before going to US, go there,, get married, apply his dependent visa (after u get married) and then he can come to uk

[ShrutiBlue]

Thank you for your replies guys, I think that is what I will do- apply for an extension of my visa before I get married. I hadn't realised that you could extend your visa any time before it expires.

Which brings me to another question. If I ask my employers to issue a new CoS for me with a start date for later in the year, say 1st of December 2016, and I get my visa extended in, for example, July, that's still okay right? Would they have to pay me according to the experienced salary rate right after I get my new visa in July or from the start date on my CoS, i.e., December? I don't want to pressure them to start paying me the much higher salary right away just because I have decided to extend my visa 6 months before it expires, its a very small company!

[ShrutiBlue]

Also, just to confirm, my new visa would be valid up to 14 days after the end date on my CoS right? Instead of paying for another year of NHS surcharge I thought I would just apply for a two year visa and ILR when I'm eligible for it.

[trueblue19]

ShrutiBlue, Hello from TrueBlue

1. Once the CoS has been assigned, it must be used within 3 months or will become invalid. It cannot be assigned after the visa has been renewed. So in other words, if you apply for Visa renewal on 1st July 2016, CoS must be assigned before that (and again subject to being assigned 90 days prior to July 1st, or less).

2. Salary has to be defined in the CoS when it is issued, so you must be getting paid the minimum threshold salary at the time of issuance of the CoS, on July 1st for example (or whenever the CoS is issued), ie.

3. Lastly, the visa will be renewed until the last working day (or Until date) on the CoS + 14 days subject to a maximum of 3 years and 14 days, in case of Tier 2 Re-issuance. It will only cost £200 more towards IHS for the third year. If I was you, I would apply for a 3 year renewal. Remember, your spouse will only receive a 2 year dependant visa if your visa is renewed for 2 years.

Congrats, in advance, for the wedding and all the best!

[ShrutiBlue]

Hi TrueBlue! (You won't believe in some forums my username is actually ShrutiBlue19 too! )

When the CoS is assigned, there has to be a start date mentioned on it, which according to the rules has to be one day after the expiry of the current visa. So even if the CoS is issued today, the start date could be later in the year, that's what I was asking about. That was the case when I first applied for my Tier 2 visa. I got the CoS in September but the start date was 1st December, and I wanted to confirm if it was the same with the extension as well.

And again, if the start date on the CoS is for one day after my visa expires, they would have to pay me the higher rate that date onwards?

I apologise if I'm repeating myself and if your answers are indeed correct. This visa process is always confusing, the rules sound quite vague at times!

[trueblue19]

19 is the way to go I suppose!

Okay, so let me try and break this down for you. Of course I have limited knowledge so more experienced members can correct me if I'm wrong.

If I understand correctly, you want to apply for the renewal in July (for example) with a new CoS having a start date of 1 day after the current leave is set to expire. Here's the problem with that:

When you were initially issued Tier 2 visa, the start date on CoS refers to the date of beginning of employment. So if the CoS was assigned on 1st September, for example, it had to be used within 90 days of issuance to apply for the Visa. The start date for Visa then being December 1st. CoS now remains assigned to you until the end of current visa's expiry.

Now, with renewal, you cannot use an already assigned CoS to apply for a renewal of the current visa. Your employer therefore assigns a new CoS to you. Once the new CoS is issued, you have to use it within 90 days to apply for the renewal. Also, and I should have mentioned this before, the start date in your new CoS cannot be more than 3 months from the date of the application.

Once the decision is made on your renewal application, the new visa will be valid from the date the BRP is issued (and not from 1 Day + the current visa expiry) until 14 days + the 'Until' date mentioned on your new CoS.

Your new visa (BRP card actually) will have the new CoS number mentioned on it as well.

Hope this helps.

[trueblue19]

Also, to add to the salary question, I'm pretty sure the salary has to match the threshold when you make the application for renewal of the visa, along with new CoS, and not from the start date mentioned on the new CoS. Maybe some senior member(s) can comment if this is indeed correct (or not).

[ShrutiBlue]

Thank you again for your detailed reply!

So it doesn't matter if I apply more than 3 months before my visa expires and thus the date on the CoS is more than 3 months early as well? Of course in this case I will probably be applying either the same day or the next day that my employer issues the CoS.

I suppose I am only confused by this because I read that the start date must be one day after the current leave expires. But then again, they have also mentioned somewhere in the documents that you should apply 3 months before your visa expires but a lot of people apply even 6 months in advance.

[trueblue19]

Just sent you a PM with a long rant haha. Hope its helpful. Am sure others will come along and pour some more advice, if any.

[ShrutiBlue]

Thank you, I've just replied to you!