Tier 2 Extension CoS details of RLMT

[jayacharm]

Dear gurus/fellow members,

My husband was employed by a university for a contract period of 4 years and back in Feb/2014. He got Tier 2 visa for three years in the first instance. Now this February('17) we are due to extend our visas. Instead of further 1 year, the university can now sponsor him for 3 years with additional funding approved, for which, he has now allocated a CoS. This continuation is in the same SoC code and same employer. In the CoS under the RLMT section, the HR mentioned the following,

"Give details of the resident labour....including where and when the post was advertised and reference numbers for mandatory advertising:

Extension to current contract. Previously advertised on jobs.ac.uk ##/05/13 - ##/06/13 (ref###) and jobcenter plus ##/05/13-##/06/13 (ref)''


Could you kindly advise on the following,
1.The advertisement that conducted RLMT that appointed him initially advertised the role for 4 years. And would this confuse ukvi that now he is applying for an extension beyond this period and would this be a problem?

2. Instead of the above, for details of RLMT, a more general answer without giving the initial job advertisement details/refs be better and more straight forward (e.g: N/A Extension to current contract. The RLMT conducted when first appointed)?

3. Also, the first CoS was issued from 01/02/2014-31/01/2017 (We got visa from 01/02/2014- 14/02/2017). And the HR has issued the current/new CoS from 15/02/2017 - 14/02/2020. Counting from the first date 01/02/2014, this CoS asks to extend the Tier 2 beyond 6 years. Please advice if this is correct and not violate the 6-year total number of years. Do we need to get a new CoS, if so untill 31/01/2020?

Your advices are much appreciated. Thank you very much.

[manci]

1
no
2
makes no difference
3
the work start date in the CoS should be 01/02/2017 otherwise he wouldn't be allowed to work from 1 Feb to 15 Feb. HR should know this!

[jayacharm]

Dear Manci,

Thank you. May I just ask you to clarify (3) further - as that his current visa valids till 14/02, can't he continue to work while we apply for the extension? Also, I have read in other threads here that the CoS start date is usually the next day the leave expires.
Could you please confirm this?

Thank you again.

[manci]

Correction to (3)

by reference to para 38.23 of the guidance for Tier 2 sponsors:
https://www.gov.uk/government/uploads/s ... 1-2016.pdf

When you assign a CoS to extend a migrant’s leave in the same tier and category, the start date on the CoS should be the day after their current leave expires.

and by reference to para 224 in the Tier 2 policy guidance:
https://www.gov.uk/government/uploads/s ... 1_2016.pdf

You can continue working while we are considering your extension application, provided you submitted the application before your previous leave expired.