URGENT - CoS longer than desired Visa (4 years v 3 years)

[beaverraines]

Hi all,

I just got news that the company was issued a CoS that runs for 4 years. However, I'd like to apply for a 3 year Tier 2 General Visa. A solicitor said that I should apply for 'Up to 3 years' on the online application and in an email the UKVI said I should apply for the length of the CoS (in this case up to 5 years). However, on a call the UKVI representative said I should apply for 3 years and then can renew my visa at the end of 3 years if I so desire.

This is obviously all highly confusing and I'd hate to be denied a visa based on a tiny mistake. What should I do?

Thanks in advance!

[vinny]

See also 245HC or 245HE.

[beaverraines]

Thanks Vinny.

Under 245HE, it says:
"(b) Entry clearance will be granted for a period ending:
(i) 14 days after the end date of the applicant’s employment in the UK, as recorded by the Certificate of Sponsorship Checking Service, or
(ii) at the end of the maximum time available for the applicable Tier 2 (General), Tier 2 (Minister of Religion) or Tier 2 (Sportsperson) category, as set out in (c), from the date entry clearance was granted.
whichever is the earlier.
(c) The maximum time referred to in (b)(ii) is:
(i) 5 years and 1 month, if the applicant is applying as a Tier 2 (General) Migrant; or"

If my CoS is ending after 4 years and the maximum limit is 5 years for a Tier 2, then it seems, mine would be 4 years and 2 weeks (14 days after end of CoS).

However, does this take into account the specific category within Tier 2 I'm applying under, as I'd have to with the online application (up to 3 years, or up to 5 years) or Tier 2 as a whole (up to 5 years).

Also, is it possible to amend the end date on the CoS by adding a sponsor note?