Tier 2 General extension

[Abrar87]

Hi,

I have a query and wondering if someone is able to help.
I am currently on Tier2 general visa, under unrestricted CoS, which will expire in Oct 2016 when 3 years will be completed. In order to renew/extend it for another 3 years, I understand that I need new CoS from my existing employer. However my company doesn't have SMS login details (the persons who had it left company) and they have recently applied to get new login details by filling in Change of Circumstances form as advised by Employer helpline. The bad news is that they have advised it can take up to 6 months to get back to my company and problem is that my visa will expire in about 6 weeks time from now, so there is a risk that if my company do not get login details on time, I won't get new CoS on time to apply for extension.

I have phoned helpline and they have advised to apply for FLRO (further leave to remain Other) and attach letter from company explaining the situation and once my company gets login details back then switch back to Tier2. The problem with this solution is that I might lose 5 years continuity period on Tier 2 if I switch to FLRO temporarily, however I am not sure. Can someone advise please?

My second query is that there might be opportunity to get a new job with new employer during this time when either my FLRO will be in progress or my extension of Tier 2 application will be in progress. How do I go about in that situation to change employer while I'll be waiting on decision of FLRO or Tier 2 extension with current employer?

Many thanks,

[CR001]

I would suggest not to submit FLR (O) application. It will mess up your clock for ILR and without exceptional circumstances, you are likely to be refused fairly quickly as HO is fully aware of people using this application to "buy time".

If you find a new sponsor and they have completed the full and proper RLMT process, they issue you a Co's and ypu apply for tier 2.

Can your employer not contact the last person who had the sms log in?

[Abrar87]

Thanks for responding Char,

I also don't like FLR-O option, but this was advised to me by immigration helpline!!
My employer has login detail of last person but UKBA has warned in bold letters that if login is used by any other person then license can be cancelled. It can be argued that we can approach last person and get him to use the login, but then policy is not clear as to whether or not he can do that even though he is not employed by the company anymore. My employer is reluctant and likely not to use this option just in case if it affect company reputation.
What I have thought so far is as follows;
I'll wait until couple of days before visa expires, if we get the login by that time then great, otherwise I would apply for extension of Tier 2 without new reference number and attach a letter from company explaining that login access is in progress. They will either hold on to my application until I provide them new reference number, which is great, Or they will reject my application and hopefully give me time (28 days i think) to either leave the country or put new application in. By that time hopefully we will have new login and can put in new application with reference number. My confusion here is that whether it will still be considered a break in 5 year continuity or not (due to original application of extension rejected and re-applying again). Technically speaking, I would still be legal and shouldn't be considered as over stayed as I'll be putting application within time allowed, but I am not sure.

As far as new employer option is concerned, I am not sure about it yet whether it will go ahead or not, but just one point I want to raise that they should not be required to carry out RLMT as it is exempt for me (my route was PSW to Tier 2 originally which allows exemption of RLMT and an unrestricted CoS was issued to me first time and even job didn't have to be in shortage occupation). So I hope same rules still apply in my case!!

Thanks

[hopeforall9]

Have you had any updates on receiving the login details? We are in a similar situation (where the Level 1 user left and while she requested new user allocations before she left, they still havent been granted), so wondering how long it will roughly take.

just curious, have they tried to email the help email with it as an urgent that they receive the login details due to your visa expiring? Not sure if it will work, but it could be worth a shot. businesshelpdesk@homeoffice.gsi.gov.uk

[Abrar87]

Yes, we got the Login back about 2/3 weeks after applying but then we found out that our Allocation had been expired. Allocation could be renewed online once you have access to SMS but then we have been told that it could take another 6 months for allocation renewal and without that CoS could not be created. It only took another 2/3 weeks though and only today we got email that it is now renewed. So I now have everything ready and will be applying for extension in couple of days.
We were advised to only send email 15 days prior to visa expiry and attach copy of BRP as evidence. We would have sent them email today but got the allocation renewed before that so I am glad it is sorted.
If you are in the same situation, chances are your allocation could be expired too (I don't know how often it is to be renewed, I think once a year at least) which will create problems even if you have login. Maybe it is worth giving them a call to renew the allocation at the same time as login.
All the best

[hopeforall9]

Thats good, im glad to hear it didnt take that long in the end. Our Level 1 User (the one who left) had request just before she left for a new person to have a login and a renewal of the COS allocation since she hadn't done that earlier in the year. Its only been about 1.5 weeks for us since that happened, so hopefully we will get something within the next week or so.