UK ICT Tier 2 Established Staff to UK ICT Tier 2 Long term

[indradipmitra]

Hi,
I need some info:-
My previous COS was issued under Tier 2 ICT Established Staff in Oct 2010 valid till Sep 2011. My VISA was valid till Oct 2011. My tenure in UK was oct 2010 till Dec 2010 i.e 2 months.

My company (same employer) is now planning to send me to UK on Long term ICT (Tier 2). Will cooling period of 12 months apply in my case?

[geriatrix]

Yes (245GB(d)).

[manci]

Hi,
Will cooling period of 12 months apply in my case?

I think not - 245GB(e)

When your "tenure" (employment in the UK) with the company finished, i.e. when you left the UK in Dec 2010, was this not reported to UKBA and was your leave not curtailed? If it had been, and even if the cooling-off period applied, it would have been now more than 12 months since you last had leave.

[geriatrix]

I stand corrected. Thanks.. again!

[indradipmitra]

To me correctly understand, as per paragraph 245GB(D) and 245GB(E), the cooling off period (245GB(D) does not apply to me as my COS was issued to me under the rules in place before 6th April 2011.
Am I correct?

(d) The applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, regardless of whether he was in the UK during that time, unless paragraph (e) below applies.

(e) Paragraph (d) above does not apply to an applicant who is applying under the Long Term Staff sub-category and who has, or last had entry clearance or leave to remain as a Tier 2 (Intra-Company Transfer)
Migrant in the Short Term staff, Graduate Trainee or Skills Transfer sub-categories, or under the Rules in place before 6 April 2011.

[indradipmitra]

And my company is applying under Long term ICT.

[geriatrix]

Correct.

[cradlecog]

Hi,
If it had been, and even if the cooling-off period applied, it would have been now more than 12 months since you last had leave.

I dont think if you came back on Established staff after April'11 and flying back on Long term Tier 2 , you dont even need to cool off for 1 year after you come back