TIER 2 (General) to TIER 1 GE to TIER 2 (General)

[cmaclaug]

Hi all,

I was previously on a Tier 2 General visa with a large corporate in London. I subsequently left and obtained a Tier 1 GE visa to work on a startup here in London. This is good for 1 year however it is very possible we may not last that long and I wanted to know if the "cooling off" period applies since I was on a Tier 2 less than 12 months prior, or if I could apply for another role and obtain a Tier 2 General again before 12 months have passed.

I had to return to the US to apply and obtain my Tier 1 GE visa which took only 2 weeks, immediately after my Tier 2 General was terminated.

I don't know if that constitutes "leaving" the UK because I am still in the UK just on a different and arguably more difficult to obtain visa, so why would I not be able to switch to a Tier 2 from within the country before 12 months have passed. But basically I will have been on Tier 2, then switched to another category then trying to go back to Tier 2 before 12 months have passed (within the UK).

There must be some way around this.

Cheers,

Colin

[manci]

You are eligible to switch from T1G to T2G in-country, there is no cooling off (cooling-off only applies to T2 entry clearance application and you will be applying for leave to remain).

[cmaclaug]

Thanks so much @manci. While it will not have been 12 months since my last Tier 2, since I have entered the country "again" on a Tier 1, I would only be switching to Tier 2, not applying for entry via Tier 2. That appears to be the loophole if you will, just not much literature on that situation since I imagine its really uncommon.

If anyone else can confirm this that would be a huge weight off my shoulders. Obviously if it comes to that I will seek professional help.

[manci]

245HD
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[cmaclaug]

Cheers thanks @marci,

245HD section K is a bit worrying though

It appears even with Tier 2 leave to remain that if I was on entry or leave to remain as a Tier 2 at any point in the past 12 months then I cannot apply until that 12 months has lapsed.

Since I was on Tier 2 and have now only been on Tier 1 for 3 months I seem to be a roadblock. May need to give the UKVI office a quick bell.

Thanks

[manci]

you are (unfortunately) right, 245HD(k) means that there is in fact a 1 year cooling of for you. Ignore my previous post.

[cmaclaug]

Thanks anyway, really appreciate it, we did figure it out though. Cheers.