12 Months Cooling Off Period -> Tier 2 General

[amrish.patel]

Hi Guys,

I have a doubt.

I was in UK on Tier 2(ICT Long Term Staff) visa. It was 2 years visa. Visa was issued 25/03/2013. Visa expired on 26/03/2015.

I stayed in UK from 01-July-2013 till 20-December-2014. I left my old company when I left UK and joined a new company when I returned to India.

Now my new company is processing my Tier 2(General) visa. To do that I need to know when the 12 month cooling off period ends. I read online but I didn't get any clear answers. Below is one of the answer I found online. As per the answer below, I could show immigration stamp on my passport as an evidence for start of cooling off period. Could anyone confrim that? Or Do I HAVE to contact my previous employer(I am not on good terms with previous employer) to provide a report confirming my employment in the UK had ended.

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Can the Tier 2 cooling off period start earlier than the date their leave expired?

Yes, but only if the migrant can give the Home Office evidence of them having not been in the UK with Tier 2 leave for a period before that date.

Evidence may include, but is not limited to:

1) travel tickets or boarding card stubs, but only if you, or the migrant’s last sponsor also sent a report via the Sponsor Management System at the time, confirming their employment in the UK had ended
2) exit or entry stamps in the migrant’s passport confirming they were not in the UK
3) a letter from the migrant’s overseas employer confirming the date they started work overseas, after returning from the UK
4) other evidence that shows the migrant was not in the UK.

Where evidence is produced and accepted, the Home Office will calculate the cooling off period to start from the earliest date supported by evidence.

If as an employer you want to sponsor a migrant under any sub-category of Tier 2, they should be able to tell you if they have had a period of leave under Tier 2 before, so that you can check if they are allowed to make a further application
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I also read that effective April 6, 2015 there was changes to TIER 2 to bring greater flexibility for short-term assignments. Under this changes it will be possible for companies to bring in a foreign national initially on a short-term TIER 2 (Intra-Company Transfer [ICT]) visa for less than 3 months and then, while the employee is already legally working in the UK, prepare the more lengthy process for a TIER 2 (General) Certificate of Sponsorship (CoS) and visa. I believe that would be possible in my case? Could anyone comment that? I need to advice my company which route should they take.
1) Direct Tier2 General application
2) Like mentioned above, apply for Short-Term Tier2(ICT) for less than 3 months, then I go to UK and start working from them and then while in UK apply for Tier 2(General).

Thanks a lot for you help. Really really appreciate it.

Ams.

[ravisb_2014]

Your cooling off period will start from the day you leave UK - proof will be travel ticket or stamp on passport at airport etc.
In your case, you mentioned you stayed in UK till 20th Dec, 2014.
So, your cooling off period should be completed by 19th Dec, 2015. Hope that helps.
You can wait for expert advise if you want.

[amrish.patel]

Thanks for your reply. Appreciate it.

So immigration stamp on my passport will be good enough to show the start and end of cooling off period. Could anyone else(may be manci) please confirm if that would be okay? Has anyone given proof like that? I need to get back to HR with details like start and end of my cooling off period. Documents to prove the cooling off period.

Could someone also comment on the second part of my question w.r.t to change in the immigration rules ofr Teir 2 effective April 6, 2015 and about the which route should I take.
1) Direct Tier2 General application
2) Like mentioned above, apply for Short-Term Tier2(ICT) for less than 3 months, then I go to UK and start working from them and then while in UK apply for Tier 2(General).

Ams.

[CR001]

Date of exit from UK is start of 12 month period.

Tier 2 General directly.

[amrish.patel]

Thanks a lot for you reply.

Quick question. Normally when you leave UK there wont be any immigration stamp on your passport. There is immigration stamp when you enter India. So basically I left UK on 22-Dec-2014 and there is no immigration stamp at heathrow. I entered India on 23-Dec-2015 and I can see immigration stamp for that day at Mumbai Airport. Immigration stamp of 23-Dec-2015 at Mumbai Airport will work as a proof for cooling off period...right? Could any please confirm?

[CR001]

Yes plus if you have your airticket/boarding pass.

[amrish.patel]

Thanks a lot for your prompt reply.

I dont have boarding pass but I do have airtickets which should be okay.

Need you advice on few more things

My company is a A-sponsor.

Do they need to do RLMT? My company is in semiconductor space. I am electronic design engineer by profession. I had a look at the shortage occupation list at

https://www.gov.uk/government/uploads/s ... r_2015.pdf

I could fall under

2126 Design and development engineers
the following jobs in the electronics system industry:
- integrated circuit design engineer

2136 Programmers and software development professionals
Senior developer employed by a qualifying company, where the job requires a person with a minimum of five
years’ relevant experience and demonstrable experience of having led a team – see notes below
The following jobs in the electronics system industry:
 driver developer
 embedded communications engineer

I read that the employer has to issued a restricted CoS. What is the difference between normal CoS and restricted CoS?

About the dependent visa. I have a wife and 2 year old daughter. I understand that documents need to apply for dependent visa. However I am not sure whether to apply together or later. Which way to go forward.

Options 1

We apply together. Meaning my main applicant along with 2 dependent application...one for my wife and one for my daughter. In this case, do we have to go together to UK once we get the visa or my wife and daughter can travel later?

Option 2

I apply alone. Once i get the visa, I go to UK, stay in UK for few months, collect necessary documents like tenancy agreement, maintenance funds etc and then after few months apply for my wife's and daugther's dependent visa.

which one is easier route?

Thanks,

Ams.

[amrish.patel]

CR001 or Manci could someone please reply to my last post?? Appreciate it.

Ams

[moonlight55]

RLMT is not reqd if your job falls in the Shortage occupation list.

Restricted COS is applicable for those who are applying from outside UK for an entry clearance visa. It has to go through a monthly allocation cycle which happens normally on 11th of each month. You should read the T2 Guidance for more information on it.

You can apply together or separately, both are fine. Processing all applications together is the better route. Else, you will have to submit all the paperwork again.

If you apply together, you all will get a 30-day visa within which you have to travel to UK and collect the BRP card for the remainder of the duration. Your dependents can travel later but they have to do it within 30 days of the visa. Otherwise, you will have to apply for the 30-day visa again.

Option 2 will work as well.