Applicability of Tier 2 General Cool-off period

[din35]

Hi,

I would like to know when can I apply for my new Tier 2 General UK visa.

I had worked on Tier 2 General Visa in UK. I entered UK on 21th July 2015. I got 2 visa extensions during my stay till 13th October 2017. Following are my work dates as mentioned in my Certificate of Sponsorship (CoS).

CoS 1: Work dates:
Start date: 26 July 2015
End date: 25 January 2017

CoS 2: Work dates:
Start date: 25 February 2017
End date: 29 June 2017

CoS 3: Work dates:
Start date: 14 July 2017
End date: 29 September 2017

My visa expired on 13 Oct 2017 and I left UK on the same date.

Please let me know how long will be my cool-off period. I have got a 2-year job offer in UK. Please provide me what could be my latest date to apply for Tier 2 General UK Visa again.

Thanks.

[CR001]

My visa expired on 13 Oct 2017 and I left UK on the same date.

Your 12 months cooling off period started from the date you LEFT the UK. You can apply on or after 13 October 2018.

[din35]

Thanks.

But, I think, as my last CoS was for three months I should get a waiver of 3 months?

What do you think?

[CR001]

The 3 months refers to a CoS for Tier 2 ICT visas not Tier 2 General.

[din35]

Thanks cr001.

I have seen the 3-months CoS condition is applicable for Tier 2 General as well as per my understanding from the following ULKI link, page number 22-23. (https://assets.publishing.service.gov.u ... 18__2_.pdf)

Please let me know what you think from this document. Should I be able to apply on 15th July 2018 for my new Tier 2 General visa?

[CR001]

I don't believe it will apply as you have not only been in the UK for the 3 months, but substantially longer than that as you have been sponsored since 2015.

unless you were only being sponsored in Tier 2 (as recorded by the
Certificate of Sponsorship) for a period of 3 months or less, y

[din35]

Thanks CR001.

So, if I apply for Tier 2 general on or after 15th July, during the 12 months immediately before my date
of application cover 14th july 2017 because I had been sponsored in Tier 2 (as recorded by the
Certificate of Sponsorship) for a period of 3 months or less.

Shouldn't I be able to able to apply for further leave under Tier 2 General?

[CR001]

But you are not applying for 'further leave' as you are outside the UK. You are applying for a new entry clearance visa.

Were all your previous CoS's issued by the same employer??

You seem to be missing the point that you did not only come initially for 3 months. You were here substantially longer than that, presumably with the same employer.

[din35]

They have used "further leave" as mentioned on the page number 72-73 for "new entry clearance".

It can be an issue that I did not only come initially for 3 months. I was in UK for substantially longer with the same employer.

From my understanding it is still its not crystal clear for me from the UKVI document that if I talk about any 12 month period and a CoS was for 3 or less months within that period then one must not have previous continues leave in Tier 2 General.

[CR001]

Your risk if you want to apply.

[din35]

Yes. I can understand.

Can you please suggest what best can I do to clear my case/issue before apply.