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Tier 2 Extension - Leave Duration

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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ca2n
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Tier 2 Extension - Leave Duration

Post by ca2n » Sat Oct 31, 2020 11:18 pm

Hello all,

I hope everyone is keeping safe.

I am currently on a Tier 2 (General) visa which I have held for 19 months. My end of work date for the current leave is approaching and my current employer has agreed to extend my employment.

My employment position will be changed from fixed term (in the current Tier 2 leave) to permanent. As far as I can tell, the SOC code remains the same as thus the applicability of the extension of the Tier 2 leave I currently have.

My question is: Since (I presume) there will be no job end date on the CoS, how long will my upcoming leave be?

I am aware of the 6-year maximum limit for Tier 2 extensions, but does that mean I will automatically have (or will be granted) leave (and more importantly, pay!) for the remainder of the 60 months - 19 months = 41 months? Or can I choose how many years I want leave and pay accordingly?

I can't seem to find any pointers from the Tier 2 Policy Guidance. Any advice is appreciated.

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CR001
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Re: Tier 2 Extension - Leave Duration

Post by CR001 » Sun Nov 01, 2020 6:59 am

A CoS is always issued with a start and end date duration, ie 2 years, 3 years etc and that is the basis of your visa that is issued if approved.

Also nothing is automatic. Your visa will be granted, if approved, based on the duration stated in the CoS.

60 months is 5 years!
Char (CR001 not Casa)
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ca2n
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Re: Tier 2 Extension - Leave Duration

Post by ca2n » Sun Nov 01, 2020 7:13 am

That certainly clears things up, thanks.

It should be 72 months not 60 months! Doh!

ca2n
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Re: Tier 2 Extension - Leave Duration

Post by ca2n » Sun Nov 01, 2020 7:18 am

Since the CoS is issued by the employer, is it possible for me to negotiate, e.g. a 2-year date over a 4-year date?

How might an employer set the job end date on a CoS, given that the employment extension is a permanent one?

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CR001
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Re: Tier 2 Extension - Leave Duration

Post by CR001 » Sun Nov 01, 2020 7:53 am

Your actual contract type is irrelevant.

An employer can set the cos length which determines the visa length that would be issued.
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