Tier 2 general cooling off

[muthamesthri]

Hi Gurus,

I was on tier 2 general from August 2015 to April 27, 2018. (Visa was valid till August 2018).
I got another tier 2 general in July 2018 valid till july 2021. But after getting the visa I did not join the company and left UK in September 4th 2018.

Now I am getting an offer from UK (TIER 2 General). I would like to know when can I apply for Visa and when will my cooling off period applies.

Thanks,
MM.

[CR001]

Cooling off period is 12 months from the date you LEFT the UK.

What were you doing in the UK between 25th April 2018 when you left your previous employer and 4th September 2018 when you left the UK??

uk-tier-2-employer-sponsored-visas/tier ... l#p1642731

Thought you were going to Ireland??

ireland/urgent-work-permit-not-received ... l#p1648401

[muthamesthri]

My Ireland plan got delayed and I did not have enough information on my job in Ireland as my company lost the client. So I had to find another sponsorer in UK. After I got my tier 2 in July 2018, Ireland route was cleared in September. So I left UK (I was not aware of this cooling off period, otherwise I would have stayed in UK )

[CR001]

Cooling off period is 12 months from the date you LEFT the UK.

What were you doing in the UK between 25th April 2018 when you left your previous employer and 4th September 2018 when you left the UK??

uk-tier-2-employer-sponsored-visas/tier ... l#p1642731

Thought you were going to Ireland??

ireland/urgent-work-permit-not-received ... l#p1648401

[muthamesthri]

Initially I was waiting for curtailment letter which I have not received. After that I got my Tier 2 general, due to personal reasons I was not able to join immediately to that role.
And then I left uk. I was not working during that period.

[CR001]

You cannot apply for a Tier 2 General before 4th September 2019. You will also likely have to submit evidence of your UK departure, ie. boarding pass and airline ticket.

[muthamesthri]

Ok Thanks Guru.
As I was not in working during that period, I thought the cooling off will apply from April 2018.

[CR001]

Ok Thanks Guru.
As I was not in working during that period, I thought the cooling off will apply from April 2018.

No, unfortunately not as you then subsequently applied for another new tier 2 and have been in the UK till you left on a valid tier 2. Its about holding the visa, not just about working or not.

[muthamesthri]

Hi Guru,

One last query on this. Please don't be mad at me.
Just out of curiosity: If I apply for Tier 2 general before September 2019, will it be rejected at COS level or Visa application level.
I guess, this information will help me to plan the COS and Visa application dates

[CR001]

Hi Guru,

One last query on this. Please don't be mad at me.
Just out of curiosity: If I apply for Tier 2 general before September 2019, will it be rejected at COS level or Visa application level.
I guess, this information will help me to plan the COS and Visa application dates

Potentially both but definitely at visa application level and you lose your fee paid. The 12 months conditions is written in the Immigration rules, there is no avoiding it and no discretion. The only time it does not apply is if you are being paid a salary in excess of £159k.

Note also that IHS has doubled now to £400 per year.

[muthamesthri]

Thanks For your reply.
I will ask my employer to wait then, if they can wait.
Can I ask my employer to post the ad in June and apply for COS (with my flight tickets and immigration stamp on my passport) in July with start date as September 10th. So that I can apply for visa in August and will be ready to start working from September 10th 2019.
I hope this is fine.

[CR001]

You can only APPLY for a tier 2 AFTER 12 months cooling off period as far as I am aware.

[gag285]

Thanks For your reply.
I will ask my employer to wait then, if they can wait.
Can I ask my employer to post the ad in June and apply for COS (with my flight tickets and immigration stamp on my passport) in July with start date as September 10th. So that I can apply for visa in August and will be ready to start working from September 10th 2019.
I hope this is fine.

IMHO, you should aim for Sep 19 quota of restricted CoS and apply post that. Your Tier 2 application cannot be made before the expiry of your 12 months cool off like CR001 says. If you apply in August regardless of when you intend to start, your eligibility will be assessed on the day not in future if that makes sense.

[muthamesthri]

Hi Gurus,

is there any change in the cooling off period rules.
FYI. I have got the second TIER 2 General visa in 2018 but never joined the organisation due to personal reasons. also I left UK in September 2018.

As I have not used the VSA and not worked under that new visa, will that help to waive off cooling off period in my case? please confirm.

Because I have got an offer from UK and they are Ok to go ahead with my application. So just worried.

Thanks,

[CR001]

There has been no change to the cooling off period rules.

It applies to you holding a visa and the date you left the UK, regardless of whether you joined the sponsor or not.

The previous advice remains the same, you will qualify to apply for tier 2 again in September 2019, 12 months after you left the UK.

There is no option to waive the cooling off period unless you are offered a salary of £159,600pa or more. You cannot bend the rules to suit your circumstances. You should have asked the questions before leaving the UK.