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Topic: Skilled Worker Visa CoS duration and BRP duration do not match. Visa charges  (Read 2016 times)

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Hi there,

Hope all is well and thanks for your patience, insights and assistance in advance.

I am currently working in the UK under the Skilled Worker Visa. With regards to my current Skilled Worker Visa I was wondering if you could possibly shed some lights on the following questions,
 
1. My CoS issued in Dec 2020 says the start date is 07 Dec 2020 (my actual work start date) and end date 06 Dec 2023 but my BRP says the date of issue is 06 Jan 2021 and is valid until 20 Dec 2023. Both the start date and the end date do not match. I was wondering which ones are the actual duration of my current Skilled Worker Visa? I heard the visa duration is the CoS duration. Is that correct? Also, the CoS duration includes the start and end dates stated on it right?

2. If 07 Dec 2020 was my actual Skilled Worker Visa start date then on 07 Dec 2025 I would be continuously staying in the UK for 5 years and would be eligible for Indefinite Leave to Remain (ILR) if my understanding is correct?

3. The company says they would help me apply for a 3-year Skilled Worker Extension in Sep 2023. I am aware that the visa fees and the IHS surcharge are related to the the duration of my visa and I want to save money (I would bear the visa fee and the IHS surcharge by my own). And surely I want to apply for ILR in the future. Hence in theory I would not need another 3-year Skilled Worker Visa but instead a Skilled Worker Visa from 06 Dec 2023 to 07 Dec 2025 would be enough (which is an exact 2-year one)(please do correct me if I am wrong).  Is that correct?

4. For the purpose of saving visa fees and IHS surcharge and becoming eligible for ILR, what specific start and end dates of my new/extended Skilled Worker Visa would you suggest?

Kind regards,
James


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1. My CoS issued in Dec 2020 says the start date is 07 Dec 2020 (my actual work start date) and end date 06 Dec 2023 but my BRP says the date of issue is 06 Jan 2021 and is valid until 20 Dec 2023. Both the start date and the end date do not match. I was wondering which ones are the actual duration of my current Skilled Worker Visa? I heard the visa duration is the CoS duration. Is that correct? Also, the CoS duration includes the start and end dates stated on it right?

The start date of your visa is the date printed on your BRP card... as that is the date that the UK government gave you permission to move to the UK. So, your visa start date is 6th Jan 2021.

However, the most important date is the date you actually LANDED in the UK on your visa (and had your passport stamped)... as this is the date that you 'activated' your visa and is the date your 5-year qualifying period for ILR started.

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2. If 07 Dec 2020 was my actual Skilled Worker Visa start date then on 07 Dec 2025 I would be continuously staying in the UK for 5 years and would be eligible for Indefinite Leave to Remain (ILR) if my understanding is correct?

No, you will be eligible for ILR exactly 5 years from the date you ARRIVED in the UK on your Tier 2 visa.

The ILR application can be submitted up to 28 days before the 5-year anniversary of your ARRIVAL in the UK.

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3. The company says they would help me apply for a 3-year Skilled Worker Extension in Sep 2023. I am aware that the visa fees and the IHS surcharge are related to the the duration of my visa and I want to save money (I would bear the visa fee and the IHS surcharge by my own). And surely I want to apply for ILR in the future. Hence in theory I would not need another 3-year Skilled Worker Visa but instead a Skilled Worker Visa from 06 Dec 2023 to 07 Dec 2025 would be enough (which is an exact 2-year one)(please do correct me if I am wrong).  Is that correct?

I don't know how they determine how long the visa extension will be issued for - I assume the validity length will be determined by the dates listed on your new CoS from your employer.

There are only 2 visa fees:
- one fee for visas valid up to 3 years
- one fee for visas valid more than 3 years

So, whether your visa extension is issued for 2 years or 3 years, the visa fee will be the same:
£719
(or £479 if your job is on the Skills Shortage List).

The only fee that will be different is the IHS surcharge... under current fees, this would be £1248 for 2 years, £1560 for up to 2.5 years, or £1872 for up to 3 years... though they are talking about increasing the IHS fees soon.

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4. For the purpose of saving visa fees and IHS surcharge and becoming eligible for ILR, what specific start and end dates of my new/extended Skilled Worker Visa would you suggest?

I don't know I'm afraid, though I assume you'd need to put the dates that are listed on your new CoS.

Also, be aware that you don't want to find yourself short on time to apply for ILR... if you didn't arrive in the UK until after 6th January 2021, you need to make your your visa extension is valid until at least that same date in 2026 so that you will qualify for ILR before it expires.

Plus, the longer your visa extension is valid for, the more time you will have to apply for ILR before it expires... you never know if anything will come up that may prevent you from applying right away (for example, not passing the Life in the UK test in time, or not being able to get all the documents you need in time, or something goes wrong (accident, illness etc.) and you end up being physically unable to apply when you were planning to etc.).


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The start date of your visa is the date printed on your BRP card... as that is the date that the UK government gave you permission to move to the UK. So, your visa start date is 6th Jan 2021.

However, the most important date is the date you actually LANDED in the UK on your visa (and had your passport stamped)... as this is the date that you 'activated' your visa and is the date your 5-year qualifying period for ILR started.


Hi thanks very much for your assistance. To provide a bit more background on this, I started working for the current company on 7 Dec 2020 and before that I was staying in the UK under the Student Visa. The date I landed at the UK was 10 Sep 2019 under the Student Visa. So I assume my 5-year ILR immigration period started from 06 Jan 2021?


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Hi thanks very much for your assistance. To provide a bit more background on this, I started working for the current company on 7 Dec 2020 and before that I was staying in the UK under the Student Visa. The date I landed at the UK was 10 Sep 2019 under the Student Visa. So I assume my 5-year ILR immigration period started from 06 Jan 2021?
Yeah, your 5 years will have started on the date your work visa BRP started, as you were still on a student visa on 7th Dec 2020… and time spent on student visas does not count towards ILR.


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