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Clarity on 3 months rule

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

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alphadude
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Clarity on 3 months rule

Post by alphadude » Mon Aug 09, 2021 1:08 am

I just wanted to get some clarity on the 3 month rule before you can apply for a skilled worker visa. I am confused as to from when the 3 months actually starts. I already have my Cos and want to apply for a visa ASAP. Hopefully I have posted this on the right group

(1) To what date does this apply to? As in does the 3 months start at the time I make my payment or is it 3 months from the date I submit my biometrics. If it's the latter, it would be great to save time since there seems to be a one month lag after applying to get a biometrics date

(2) If the date is 3 months from the time you make the payment, just wanted to know how strictly enforced this is. As in would applying and paying for a visa 3 and a half months before be okay?

Thanks a lot for your help.

manci
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Re: Clarity on 3 months rule

Post by manci » Mon Aug 09, 2021 2:13 pm

You can submit your visa application and make the payment any time before the expiry date of the CoS.

The visa will be valid from the date of the decision.
Personal opinion, not professional or legal advice

alphadude
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Re: Clarity on 3 months rule

Post by alphadude » Mon Aug 09, 2021 2:34 pm

Really? So the 3 month rule does not apply at all? It would be great to get some clarification on this. Thanks!

The UKVI website states this:

How long it takes
You can apply for a visa up to 3 months before the day you are due to start work in the UK. This date is listed on your certificate of sponsorship.

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CR001
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Re: Clarity on 3 months rule

Post by CR001 » Mon Aug 09, 2021 2:39 pm

If you are applying from abroad, you should only apply between the validity dates on your CoS.

A CoS is only valid for 3 months, to facilitate your application and the valid from and valid to dates are clearly stated in the CoS. Your visa will only be valid from the work start date minus 14 days, no sooner.
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alphadude
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Re: Clarity on 3 months rule

Post by alphadude » Mon Aug 09, 2021 3:04 pm

CR001 wrote:
Mon Aug 09, 2021 2:39 pm
If you are applying from abroad, you should only apply between the validity dates on your CoS.

A CoS is only valid for 3 months, to facilitate your application and the valid from and valid to dates are clearly stated in the CoS. Your visa will only be valid from the work start date minus 14 days, no sooner.
I really appreciate your replies and things are getting a bit clearer for me.

I am applying internally. The work start date on my COS is November 23rd, but the expiry date on my COS is November 6th. Does this mean the validity of my COS is from August 6th to November 6th? And according to your answers, it seems like I can apply for my visa now because my COS validity has already started?

Thanks!

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Re: Clarity on 3 months rule

Post by CR001 » Mon Aug 09, 2021 3:08 pm

Does this mean the validity of my COS is from August 6th to November 6th?
Yes.
And according to your answers, it seems like I can apply for my visa now because my COS validity has already started?
Yes.
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alphadude
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Re: Clarity on 3 months rule

Post by alphadude » Mon Aug 09, 2021 3:09 pm

You guys are a godsend. Thanks a ton! :)

manci
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Re: Clarity on 3 months rule

Post by manci » Mon Aug 09, 2021 4:03 pm

alphadude wrote:
Mon Aug 09, 2021 3:04 pm
Your visa will only be valid from the work start date minus 14 days, no sooner.
@CR001 - I believe there is no longer a restriction against entry clearance beginning more than
14 days before the start date stated on the CoS (as was the case for T2). Permission to stay will be granted with effect from the date of the decision.
Personal opinion, not professional or legal advice

alphadude
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Re: Clarity on 3 months rule

Post by alphadude » Mon Aug 09, 2021 4:14 pm

manci wrote:
Mon Aug 09, 2021 4:03 pm
alphadude wrote:
Mon Aug 09, 2021 3:04 pm
Your visa will only be valid from the work start date minus 14 days, no sooner.
@CR001 - I believe there is no longer a restriction against entry clearance beginning more than
14 days before the start date stated on the CoS (as was the case for T2). Permission to stay will be granted with effect from the date of the decision.
Okay, so I can apply for the visa now and even though my starting date is November 23rd, I can work out the notice period on my old job (3 months) as I am awaiting the decision on my visa and also after I have my new visa and BRP?

Thanks!

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