Application Variation to Tier 2 (General) - help needed

[Helle1989]

Hello,

I'm hoping somebody can give me some advice! I've had an application under FLR(LR) since September - it is still being considered and taking a very long time. As an FYI at the time of applying for FLR (LR) I had a current Tier 2 (General) visa, and had spent the full 10 years in the UK i.e. it wasn't an application done just to buy time, it was all in order. The reason I did not go for ILR is that I had been out of the country for over 540 days (I was a student for a lot of the 10 years - students get long holidays) and as such did not qualify.

Given the time it is taking to decide FLR (LR), my employer suggested we vary to Tier 2 (General). They have a COS ready for me, and they have been my employer since 2012 with no changes.

I understand that the process of varying application requires I fill out the form for Tier 2 (General), pay and send it in, along with a cover letter that explains I am varying and gives my reference number so that they can fetch my documents. But I have a few questions.

One of the questions is - "Do you currently hold a visa"
Once the variation is accepted, the date of application for this new route (Tier 2) will be the same as the application for the FLR. In this date, I still held a visa. However, given the extremely long decision time frame it has now expired. Do I say "yes" under the view that if variation goes through that will be the correct answer. Or do I say "no" since that is correct at the time of writing?

What do we do with the COS start date?
We can't back date is, so does my employer assign the date of my application and explain that I've been employed by them the whole time but they just can't assign a COS now that is valid for the period between now and six months ago.

What do I do about the NHS surcharge?
Should I pay it again and then ask for a reimbursement?

I really hope someone can help me! I tried calling the UKVI helpline but they said they can't give any advice and I actually can't find any information in the policy guidance.

Thanks so much