Tier 2 General to Tier 2 General - cool off?

[Kamal123]

Hi all,

Quick question, I was on Tier 2 General visa and got made redundant. After leaving I have found a new job and sponsor for which I will be given rcos. I need to apply myself.

I have read over here that many people have changed jobs (changed sponsors) but on the webiste ( https://www.gov.uk/tier-2-general/switch-to-this-visa ) it does not say within eligibility that you can apply for Tier 2 General IF you were on Tier 2 General before? I know there is some kind of a 12 month cool off period which applies in some cases.

I would appreciate if anyone could clarify, I have read the whole policy guidance but it is quite confusing. Thanks

[a.mitra.6668]

Hi all,

Quick question, I was on Tier 2 General visa and got made redundant. After leaving I have found a new job and sponsor for which I will be given rcos. I need to apply myself.

I have read over here that many people have changed jobs (changed sponsors) but on the webiste ( https://www.gov.uk/tier-2-general/switch-to-this-visa ) it does not say within eligibility that you can apply for Tier 2 General IF you were on Tier 2 General before? I know there is some kind of a 12 month cool off period which applies in some cases.

I would appreciate if anyone could clarify, I have read the whole policy guidance but it is quite confusing. Thanks

Hi kamal

The cooling off is in the case of tier 2 ICT to tier 2 general switching. There is no cooling off for tier 2 general to tier 2 general switch. I can confirm this because two of my friends have done it

Hope this helps

[poper]

I think cool off period applies since you are technically not switching from Tier 2 G to Tier 2 G as you've already left the UK. Your's will be a new Entry Clearance

There are exceptions for Shortage Occupations and people who had their Tier 2 granted before April 2011


https://www.gov.uk/government/uploads/s ... 4_2016.pdf

Read point 73

[Kamal123]

Thank-you guys for your valuable comments.

I am still in the UK on curtailment leave, yes if I had left UK I would require a new application.

However point 73 also concerned me, any comments from you A.Mitra or anyone on the point mentioned?

It would make it impossible to change jobs which many people have done. Not very clear in the document.

[poper]

Hi Kamal

Your initial post mentioned about rcos which is why I assumed you were out of the UK.
To switch within Uk you will need an unrestricted cos not rcos

[Kamal123]

Hi Kamal

Your initial post mentioned about rcos which is why I assumed you were out of the UK.
To switch within Uk you will need an unrestricted cos not rcos

Hi, The company has indeed got me a rcos. I think rcos applies as the job is different and so is the company along with the requirement for rlmt.

[Kamal123]

[quote="poper"]Hi Kamal

Your initial post mentioned about rcos which is why I assumed you were out of the UK.
To switch within Uk you will need an unrestricted cos not rcos[/quote

Reading more about this I think the company should have issued a unrestricted COS. Would this be an issue?

[geriatrix]

Yes, rCoS cannot be used for leave to remain applications.
Tier 2 to Tier 2 is not switching but change of employment / extension. You "switch" employers not your immigration category - you apply "extend" leave as a Tier 2 migrant under "new sponsorship".

[Kamal123]

Yes, rCoS cannot be used for leave to remain applications.
Tier 2 to Tier 2 is not switching but change of employment / extension. You "switch" employers not your immigration category.

Thanks Geriatrix, I have read the policy guidance where it does not specify this clearly however every other website including law firms it does say that rCos is required only for overseas applicants.

considering I am running out of time and not sure how long will it take them to issue a non-restricted CoS should i just go ahead with the rCos?

[geriatrix]

1. Para / clause 61 and 62 of the policy guidance explain the difference between rCoS and uCoS "clearly".
2. Did you read the first sentence of my previous response? What is it that you have not understood in that sentence?

[Kamal123]

1. Para / clause 61 and 62 of the policy guidance explain the difference between rCoS and uCoS "clearly".
2. Did you read the first sentence of my previous response? What is it that you have not understood in that sentence?

I have already emailed the HR on the point you have identified. It is just by luck that someone pointed it our for me on here so thanks guys. I will keep you updated.

[Kamal123]

UPDATE : Initially I was told I still need a rCoS to which I replied with the policy guidance and referring to section 23.12 for which I have now got a reply that they will amend this.

Question : unrestricted CoS will follow the same timeline? for example I will only find out via UKBA on the 2nd week of next month if I got it or can it be issued directly by the company without UKBA intervention. I am asking as I have limited time.

Appreciate any replies. Thanks