Tier 2 General: Extension vs. Change of Employment

[Papaya00]

Hello,

I am currently on a Tier 2 (General) visa and have accepted a job offer with a new employer (very similar job in the same SOC code). The new employer has provided me with a CoS (unrestricted) but the category they've applied for was 'Tier 2 General – Extensions – ISC exempt'.

Since it's a new employer, I would've assumed the appropriate category should be 'Tier 2 General - changes of employment - ISC exempt'. I've emailed them back to get a clarification but since it's so close to the holidays it's been difficult to get a hold of them, and probably will be so until the new year.

So my questions are:
1. Is my understanding of the extension/change of employment distinction correct? (I did a search of the forums here and found a comment in another thread that said "I rang the Home Office help desk and the lady I spoke to said that if you're switching employers but doing the same job, you use the "extension" form." I tried calling the Home Office but the person who answered my call didn't know anything about it. Is anyone able to verify this?

2. If not, and I applied using this UCoS, would it be automatically rejected for being in the wrong category? (The visa application itself doesn't ask for CoS subcategory and I wouldn't even have been aware there were categories had the sponsor not mentioned it, so it feels like the applicant could potentially be punished for the sponsor's mistake).

Many thanks for your help.

[Papaya00]

I just had a look at the requirements for an 'ICS exempt' CoS, and I don't think I actually qualify for it. So it looks like I'm most likely going to need a new certificate. It's getting really stressful because my current visa expires on the 16th of January 2019. I'd originally thought I'd have enough time but with this new complication I don't know how long it's going to take.

If that's the case:
1. If I applied using this CoS, would I be penalised for it? Or would the Home Office just demand payment from my sponsor? (Of course this is only under the scenario where extension vs. change of employment isn't an issue)
2. If I submit an application using this CoS before my current visa expires, then receive a new CoS, would I be able to update it while the application is in progress?
3. If I submit an application using this CoS and it is rejected, and my current visa has expired by the time the decision is made, is it possible to submit a new application? This is assuming I have the correct CoS by then.

Many thanks to anyone able to help. This is so incredibly frustrating because when I received my CoS earlier today I thought I can stop stressing for the time being (over Christmas at least), but now I'm stressed all over again.

[UKLL]

I just had a look at the requirements for an 'ICS exempt' CoS, and I don't think I actually qualify for it. So it looks like I'm most likely going to need a new certificate. It's getting really stressful because my current visa expires on the 16th of January 2019. I'd originally thought I'd have enough time but with this new complication I don't know how long it's going to take.

If that's the case:
1. If I applied using this CoS, would I be penalised for it? Or would the Home Office just demand payment from my sponsor? (Of course this is only under the scenario where extension vs. change of employment isn't an issue)
2. If I submit an application using this CoS before my current visa expires, then receive a new CoS, would I be able to update it while the application is in progress?
3. If I submit an application using this CoS and it is rejected, and my current visa has expired by the time the decision is made, is it possible to submit a new application? This is assuming I have the correct CoS by then.

Many thanks to anyone able to help. This is so incredibly frustrating because when I received my CoS earlier today I thought I can stop stressing for the time being (over Christmas at least), but now I'm stressed all over again.

I changed my employer in August and my CoS states as:

Tier 2 --- (General -- change of employment -- ISC liable)

1. the only penalty you can get is that your application is refused
2. No you will need to withdraw your application and make a new application
3. you may be able to re-apply before the date you are asked to leave the country as per Home Office letter