Slight change in Tier 2 rules from Apr 2015

[moonlight55]

All,

There are some changes (albeit minor) in Tier 2 rules from 06-Apr-2015. Summary of changes:

- The shortage occupation list will be amended following a review by the Migration Advisory Committee. These jobs are exempt from the resident labour market test. Employers should consult the updated list.
- Minimum salary requirements for jobs which are eligible for sponsorship under Tier 2 will be updated as follows:
- The minimum salary for jobs to qualify for sponsorship under Tier 2 will be the greater of the appropriate rate for that job or £20,800 (rather than £20,500).
- For jobs to be exempt from advertising on Job Centre Plus, the new salary requirement will be £72,500 (rather than £71,600).
- For jobs to be exempt from the annual immigration cap, the resident labour market test and the 12 month cooling off period, the new salary requirement will be £155,300 (rather than £153,500).
- For jobs to qualify for a short term Intra Company Transfer, the new minimum salary requirement will be £24,800 (rather than £24,500) or the specified appropriate salary for the job.
- For jobs to qualify for a long term Intra Company Transfer, the new minimum salary requirement will be £41,500 (rather than £41,000) or the specified appropriate salary for the job.
- The overall immigration cap that applies to Tier 2 (General) sponsorship applications will remain the same for the new year commencing 6 April 2015 (20,700 places for the UK for the year). However, the immigration cap is being adjusted throughout the year so that there will be a higher allocation available in the first few months of the year when demand is higher, and it will reduce later in the year.
- A new exemption from the cooling off period rules will be introduced. The current rules prevent certain individuals from re-entering the UK under Tier 2 within 12 months of them leaving the UK under Tier 2. The cooling off rules will no longer apply to grants of Tier 2 leave of three months or less. This will improve flexibility for some businesses.

For full details, you can refer this link: https://www.gov.uk/government/publicati ... ruary-2015

[dharmik222738]

Hi,

Can you please explain more about cooling off period?

I have been in UK from Aug-2013 to Aug-2014 on ICT Short term visa, so does that mean I can apply visa after 6th April 2015?

Thanks.

[iworker]

The salary threshold for different SOC code is also being increased by a significant amount. eg. the civil engineer threshold is being increased from 26700 to £30,000. I suggest people who are going to apply for an extension after April 2015, should check the salary thresholds before applying.

[moonlight55]

Hi,

Can you please explain more about cooling off period?

I have been in UK from Aug-2013 to Aug-2014 on ICT Short term visa, so does that mean I can apply visa after 6th April 2015?
No, you cannot apply for ICT ST visa again until Aug-2015. The rules remains the same for all except for those who were granted Tier 2 visa for less than 3 months. More clarity awaited but there will be very few cases of people having Tier 2 of 3 months or less.

Thanks.

[dilthopagal]

my employer doing RLMT for me and they advertise Job on 2 different places. Also they planing to apply RCOS 02.04.2015. According to new changes (April 2015) All the salaries gone up. But my employer advertise under old SOC code salary. Is this going to be a problem whn they apply for RCOS, Please help

[dilthopagal]

can some one please help URGENT

[nik_is_it]

I'm in UK on a Tier 2 ICT visa for almost two years now, so does it mean there is no cooling off when I complete 5 years and can apply for Tier 2 again.

I meet the sal increase requirments.

[Sheffield_Marketeer]

I'm in UK on a Tier 2 ICT visa for almost two years now, so does it mean there is no cooling off when I complete 5 years and can apply for Tier 2 again.

I meet the sal increase requirments.

As it clearly states the cooling off period no longer applies for Tier 2 migrants who have been on the visa 3 months or less. You're on it for 2 years already. As such you do not qualify for that.

[sumit_nifft]

Hi All,
I am currently on a T2 ICT Short Term Visa valid from 29-Dec-14 to 10-May-15, my CoS being valid from 12-Jan-15 to 11-Apr-15.
My actual assignment date would be from 1-Feb-15 to 4-Apr-15 (ending next week). Since my CoS is only for 3 months and the actual stay in UK is only 2 months, will this exception apply to me.

Actually I have got another job offer and would like to come back on ICT T2 General visa, after finishing this current assignment . Is that possible given the new changes in the rules?

Any help would be greatly appreciated!!

Thanks

[moonlight55]

The rule talks about "grant" of leave for 3 months or less. Your leave was granted for more than 3 months (irrespective of your CoS). I think the new rule does not apply to you. Maybe seniors can correct me if my understanding is incorrect.

[JS28]

HI,

can someone please send me the link for the new SOC code 2015? I am applying for an extension in December 2015

[bvinodhraj]

Hi

I came here in a UK visa (ICT short term) which is approved for 1 year (between May 23 2015 and May 22 2016). I have landed in UK on 29th May. Could you please tell me whether its possible to re-apply for UK visa (Tier 2 General visa) if i return back in three months as per new rule. Kindly confirm.

Thanks
Vinoth

[moonlight55]

No. Since your CoS was issued for more than 3 months, it does not matter if you return within 3 months. Cool-off will apply in your case.

[sheel]

Hi, If I am on Tier2 long term ICT Visa, can I return back to native country for short period to attend some emergency or meet family and friends or 12 months cooling period will be applicable?

Thanks In advance for reply

Sheel

[moonlight55]

You can travel outside UK for short periods as long as you continue to remain on the payroll of the UK entity and you are continued to be paid in UK and your employer does not report your travel as returning back to home country, it should be fine. No cool-off applicable. Cool-off will only apply once you return back to your home country and you apply again for entry clearance.