Tier 2 extension application

[lyk302]

Hello everyone,

I am confused with the Paragraph 195 in tier2 guidance. It is written that:

"195. You must make an extension application if you need to extend your leave and you are applying to continue in the same job for the same sponsor. You cannot apply for an extension if you are applying from outside the UK, or switching from another category, or changing employment (see above). You should..."

From the red words, it seems to be that we need to make a new tier 2 application if we are changing employer at the end of current contract (less than 6 years), consequently, and it can't be done until we wait for 12 months as we can only extend our Tier 2 visa up to 6 years. So, we cannot change the employer during 6 years. Is my understanding correct?

Thank you!

[johnjkjk]

You can change your employer prior to reaching 6 years, as long as you make the application in the UK, before your current leave runs out.

If you leave the UK (and need new entry clearance) or switch into a different immigration category, you won't be permitted to apply for Tier 2 for a period 12 months under the new 'cooling off period'.

Make sure that your new employer applies for a sponsor licence well in advance (in case they don't already have one), as, if you have to leave the country owing to a delay in obtaining a licence, the 12 month cooling off period would still apply.

[lyk302]

You can change your employer prior to reaching 6 years, as long as you make the application in the UK, before your current leave runs out.

If you leave the UK (and need new entry clearance) or switch into a different immigration category, you won't be permitted to apply for Tier 2 for a period 12 months under the new 'cooling off period'.

Make sure that your new employer applies for a sponsor licence well in advance (in case they don't already have one), as, if you have to leave the country owing to a delay in obtaining a licence, the 12 month cooling off period would still apply.

Thank you Johnjkjk. This is what I understand from the guidance as well.
But does the red words conflict with this? or, the extension here has a different meaning?

[johnjkjk]

The two points in red are quite clear- a) you can't apply for an extension from outside the UK and b) an extension application is not the same as a change of employment application. An extension application means extending leave for a further 2-3 years in the same job with the same soc code, at a same or higher salary. A change of employment application may apply if soc code changes, salary falls, change employer etc (see 188-189).

[lyk302]

So, assume I have a one year contract job from 1st May 2012 to 1st May 2013 at employer A under tier 2 general, if I want to continue staying in the UK under tier 2 general with a different employer, I need to firstly make a change employment application and then apply for a new tier 2 general before last leave expired?
Right?

[johnjkjk]

No, a change of employment application IS a tier 2 application, it just means that rather than continuing with the same employer (called extension), you are changing employers. So before your leave runs out, your new employer will need to issue you with a certificate of sponsorship and if your job is not in the shortage occupation list, an rlmt should have been completed too. If you're still unclear, I suggest you read the guidance, everything is explained in detail.