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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7478
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I came to UK last year in November 2015 on tier 5 visa and

Customer Question

Hi
My name is***** came to UK last year in November 2015 on tier 5 visa and is working as a clinical fellow doctor in intensive care in NHS since 30/11/15. My visa expires on 15/12/16.
I applied for a new job and I got it recently in a different hospital. The new employer is ready to issue me a certificate of sponsorship under tier 2 for next 2 years. They want my start date on it as 1/12/16. My query is
-Is tier 5 period counted when applying for PR?
-Do I have to go back to India to apply visa under tier2?
-As I am under contract from my current employer till 29/11/16, and I can go to India after that only, if I apply for visa in India after my start date in COS (1/12/16), suppose on 7/12 or 10/12, would this affect my visa application?
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Thomas replied 2 months ago.

Hi

Thanks for your question. I will try to help.

The only Tier 5 category which allows a switch to tier 2 general is “sporting and creative”, you will see that this is confirmed here:

https://www.gov.uk/tier-2-general/switch-to-this-visa

I assume this is not your category and therefore you would have to return to your home country in order tom make the application. This is applied very strictly.

The period of time that you have spent on your tier 5 visa is not counted toward ILR (ie. permanent residence) because it is a temporary visa. When n you start in the UK on your tier 2 general visa then your clock for ILR purposes will start at 0 years and obviously under tier 2 you become eligible for ilr after 5 years.

I would explain your situation to your employer and ask them to re-issue the COS with an updated start date, as it could cause problems having it backdated at the date you make your application.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 2 months ago.
Thanks Tom for the reply.
If the change of start date in COS is not possible as the employers are a bit adamant to give me a start date on 1/12, what options I have? Can you provide some documentary evidence that I show my employer to satisfy them, so that they extend my start date.
Expert:  Thomas replied 2 months ago.

Hi,

You can probably still apply with the COS listing an earlier start date provided that the employer provides an explanation about why the start date is before the actual date of the application.

The COS is used to show that you have a sponsor and in fact no applicant is granted a visa unless the COS start date is with 14 days, whereas this is not an issue for you because the start date will have already commenced so provide an explanation is provide by you and the employer they will still accept it.

Tom

Customer: replied 2 months ago.
Thanks Thomas
So I have to ask my employer to put a reason on CoS that why my start date is before my application date for visa.
I could not understand the part "no applicant is granted a visa unless the COS start date is with 14 days".
Anip
Expert:  Thomas replied 2 months ago.

You should ask for a covering letter to be provided by your employer separately to the COS explaing the early COS start date.

The part simply means that if a person applies for a Tier 2 general visa then the home office will not grant them a visa to start any earlier than 14 days before the start date, it does't contain a restriction as to a COS which is granted before the applicant applies for the visa.

Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 2 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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