Applying for fresh Tier 2 visa, after curtailment date

[pa1]

Hi members,

I am a software professional and was in UK for the past 4 years on Tier 2 Gen visa, sponsored by my employer. But I quit that job in Feb 2016 and moved back to India in April 2016. I received the curtailment letter in May, saying my Visa will be curtailed on July 9 2016.

Now, I have few job offers in UK coming up and the new employer is ready to sponsor the visa. But since my visa is going to be curtailed on Jul 9 2016, the HR is sceptical whether to proceed or not. And they believe there is a cooling off period of 12 months, if I dont apply for fresh visa before curtailment.

In my curtailment letter it is stated that, any new application for leave made by a person who has overstayed for more than 28 days after the curtailment date, will be refused. So is there a possibility to apply for the fresh leave application within 28 days, after July 9 ? Is there any grace period (28 days) after the curtailment date, to reapply for a fresh Tier 2 Visa ?

I really hope someone can help me in this regard. I really dont want to miss out on my new job in UK.
Thank you in advance.

Regards,
Pavan

[CR001]

You would have been better off remaining in the UK till you received your curtailment letter and applying for a new tier 2 while still here. You risk being refused entry if you return before 9th July. The overstay period of 28 days is only relevant if you are in the UK. Any application you make outside the UK is a new entry clearance visa, subject to the 12 month cooling off period.

[pa1]

You would have been better off remaining in the UK till you received your curtailment letter and applying for a new tier 2 while still here. You risk being refused entry if you return before 9th July. The overstay period of 28 days is only relevant if you are in the UK. Any application you make outside the UK is a new entry clearance visa, subject to the 12 month cooling off period.

Thank You CR001 for the inputs.
I had to leave the UK and return to India due to a family emergency. So is there no other way to apply for fresh visa, apart from waiting 12 months ? Like if I get a tourist visa and come over to UK and apply for the fresh Tier 2 visa within 28 days from July 9 ? Does taking help of any immigration lawyers help my situation ?

Greatly appreciate your help !

[Casa]

It's not permitted to switch from visitor to any other visa category from within the UK.

[pa1]

Is there a definite YES or NO answer, on whether I would be able to enter UK before Jul 9th, on my current Tier 2 visa (curtailed to Jul 9th ). In the letter it mentions , " you still have leave to enter or remain where your current conditions continue to apply until Jul 9 2016" . It doesn't mention anywhere that, my entry will be refused if re enter UK before Jul 9th.

Is it risky to do so ?

[CR001]

It is risky and you could be refused entry. There was a member (possibly a couple) a few months ago who were refused entry while they were in their curtailment period, one of whom was from the USA.

Do you have another sponsor who has completed the full and proper RLMT process??

You really don't have a lot of time and have left this really really late.

[pa1]

It is risky and you could be refused entry. There was a member (possibly a couple) a few months ago who were refused entry while they were in their curtailment period, one of whom was from the USA.

I got similar answer from Home office helpline number, when I asked about this. Hence could not really decide if I can take the risk of entering UK now. I really hoped if there was a predictable YES/No answer

Do you have another sponsor who has completed the full and proper RLMT process??

I believe the job offered is in the Shortage Occupation List and hence the RLMT process may not be needed.

You really don't have a lot of time and have left this really really late.

It was just bad timing for me, that everything happened at wrong time and things didnt fall in place when needed.

[Casa]

Respected guru Frontier Mole would be able to give you a clear answer on your options and the risks of re-entering, but they aren't currently online. However, this is likely to support the advice that CR001 has already given you.

[Frontier Mole]

Advice already given is accurate. Having left the UK during your period of curtailment you have fully activated the curtailment. Your visa has now been cancelled and is no longer valid. Regardless of the date quoted.

If you were to return you will almost certainly be refused entry and find yourself back in your home country.

I am afraid your only option is to do the 12 month cooling off period.

This scenario is becoming more common. The 12 month cooling off period was designed primarily to prevent Tier 2 ICTs from moving to Tier 2 General. It has had some secondary effects on any Tier 2 leaving the country at the end of their employment for whatever reason not just curtailment.

There is still a lack of understanding about the 12 month cooling off period and it is catching out a whole range of individuals.

Sorry not the news your looking for.

[Casa]

Advice already given is accurate. Having left the UK during your period of curtailment you have fully activated the curtailment. Your visa has now been cancelled and is no longer valid. Regardless of the date quoted.

If you were to return you will almost certainly be refused entry and find yourself back in your home country.

I am afraid your only option is to do the 12 month cooling off period.

This scenario is becoming more common. The 12 month cooling off period was designed primarily to prevent Tier 2 ICTs from moving to Tier 2 General. It has had some secondary effects on any Tier 2 leaving the country at the end of their employment for whatever reason not just curtailment.

There is still a lack of understanding about the 12 month cooling off period and it is catching out a whole range of individuals.

Sorry not the news your looking for.

Thank you for clarifying. Hopefully the OP will take your advice on board.

[pa1]

Advice already given is accurate. Having left the UK during your period of curtailment you have fully activated the curtailment. Your visa has now been cancelled and is no longer valid. Regardless of the date quoted.

If you were to return you will almost certainly be refused entry and find yourself back in your home country.

I am afraid your only option is to do the 12 month cooling off period.

This scenario is becoming more common. The 12 month cooling off period was designed primarily to prevent Tier 2 ICTs from moving to Tier 2 General. It has had some secondary effects on any Tier 2 leaving the country at the end of their employment for whatever reason not just curtailment.

There is still a lack of understanding about the 12 month cooling off period and it is catching out a whole range of individuals.

Sorry not the news your looking for.

Thank you for making it clear, though this was not something I wished for .
It is a real pain for waiting 12 months and no company would wait for so long to hire someone in this state. I really hope the cooling off period for Tier 2 General is reduced, now that Brexit has happened and there might be an impact on labour market.

The company I was interviewed for, has operations in India as well. Is it possible that I can take up job here and get a Tier 2 ICT to move to UK soon. Does the cooling off period even apply for Tier 2 Gen to Tier 2 ICT move as well ?

[CR001]

You will need to work for the Indian company for 12 months before you can qualify for a Tier 2 ICT visa as far as I am aware.

[Frontier Mole]

And the12 month cooling off period is for all Tier 2

[pa1]

Thank you all for the prompt response. Really appreciate your time and help. Bit disappointed with the outcome though.

One last query :
So if I ever get back to UK again after 12 months on Tier 2 G, is it going to be like a fresh start for the ILR and I would need 5 more years from then, to get the ILR OR my previous stay of 4 years taken into account ? Just want to make sure if it makes any sense to return to UK again.

[CR001]

It will be a new start to a new 5 year period towards ILR.