beware of switching employers + cooling off period

[johnjkjk]

For those switching employers, and where your new employer needs to apply for a sponsor licence, ensure that they apply with correct documentation well in advance of your visa expiring, or before you give notice.

As per the new 'cooling off period', if you have to leave the UK in the situation where your employer wasn't able to get a sponsor licence in time, and your current tier 2 visa has run out, you will be unable to reapply under tier 2 general for a year.

This is probably an oversight in the rules, as the stated intention is to prevent failed ilr applicants from reapplying for tier 2, however this will also affect those between contracts / switching employers and who haven't applied for ilr or had tier 2 for 5/6 years. This has been confirmed to me by the ukba, so BE WARNED!

I've written to the home secretary and immigration minister regarding this but as it stands, ensure that your new employer puts in the sponsor licence application well in advance.

[john353]

I have a tier 2 visa from 2009 and have applied for a tier 2 visa extension now. In case if this gets rejected and have to leave uk, do you mean to say that I cannot apply for one year? Please clarify.

[johnjkjk]

Why do you think your application may be rejected? Extension applications are typically straight forward.

But with regards to your question, yes, you will have to wait for 12 months. See this.


Page 17:

those who hold Tier 2 leave, including that
granted under the Rules in force on or before 5 April
2011, should be aware that if they leave the UK and
apply for entry clearance on or after 6 April 2012 they
will be subject to the new requirements described in
this Statement of Intent, including the requirement to
wait 12 months from the expiry of their previous Tier
2 leave before applying for entry clearance as a Tier
2 migrant. A 12 month ‘cooling off period’ will also
apply to those who switch out of Tier 2 while in the
UK and who wish to re-apply to the Tier 2 General,
Sportsperson or Minister of Religion sub-categories
on or after 6 April 2012.

[nikhil bajaj]

If I have a TIER 2 ICT Long Term Established Staff VISA and want to shift to TIER 2 General, will the 1 year cooling off apply to me ?

Reason of my confusion : I got to know from one of my friends that for transition from TIER 2 ICT Established staff to TIER 2 General I need not to go outside UK to get this done . Please rectify my understanding if I'm wrong

[johnjkjk]

I'm sorry I'm not aware of the rules surrounding ICT, but I think you can switch from ICT to general in country, if ICT leave was granted before the April '10 rule change. Read the tier 2 policy guidance- that's the definitive guide.

[ping2ashish]

Hi johnjkjk,
Do you mean that if someone has TIER2 ICT LONG TERM he/she can switch to TIER2 GENERAL inside UK with new Sponser and new COS?

[johnjkjk]

You can switch to tier 2 general in country if you're currently in:

- Tier 2 (Intra company transfer: established
staff), if you are applying to switch sponsor

- Tier 2 (Intra company transfer) under the
Immigration Rules n place before 6 April
2010, if you are applying to change sponsor

Read the policy guidance for further information. There's no excuse for not reading the rules/googling. If you're still unclear then post your doubt here.

[ping2ashish]

Thanks johnjkjk for your quick response

I was granted Tier2 ICT Established staff in oct 2010 and was valid until Nov 2011. I got my VISA to be Extended till 2013 but the VISA i have reads TIER 2 ICT LONG TERM

Does the switch in country still applies to me?

Thanks in advance

[johnjkjk]

The rules say, 'currentlly has leave in..' , so if you changed your category after april 2010 from established to long term then you don't currently have leave granted under the previous rules.

You can ask a more experienced person whether long term qualifies, don't take my word for it.

[ping2ashish]

Thanks a lot

[MissionPossible]

Hi John/Experienced Members,

Below mention is written on my TIER2 Visa which was granted on 26/08/2010:

VISA TIER2(ICT) Established Staff

There is no word such as "Long Term" . Does this mean I have been granted TIER2(ICT) under the Immigration Rules n place before 6 April 2010 thus making me eligible for in-country switch to TIER2 General with a different sponsor ?

[johnjkjk]

if you read my post above, you would have noticed that if you currently have leave as Tier 2 established staff, you can switch to Tier 2 general, if you are applying to switch sponsors.