Manci and I have quoted guidance that says you are only eligible to switch after a 12 month cooling off period. You are choosing to ignore this. Apply. It will be rejected.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
This guidance is to
be used for all Tier 2
and Tier 5 applications
made on or after
06 April 2013
359.
A migrant can have leave granted for a maximum of 12 calendar months under this sub-
category. This means that if the initial grant of leave is for less than that, they can extend it up
to a maximum of 12 calendar months if necessary.
360.
Where a migrant leaves the UK after a period of leave under the Short
Term staff sub-
category but you want them to return to the UK at some point in the future, they may be
affected by the Tier 2 cooling-off period if they wish to return under any Tier 2 category other
than ICT – Long Term staff. More information about the cooling-off period is in paragraphs
570-576
This means you can stay in the UK for up to 12 months. I have already showed you where it says you are not eligible to switch to Tier 2 in county. This means you would need to apply for entry clearance. That means you are subject to the cooling off period.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
You can apply from inside the UK if you have, or were last granted, leave in one of the
categories listed in the table below:
Any Tier 1 category;
•
Tier 2 (General);
•
Tier 2 (Intra-Company Transfer: Established Staff) if you
are applying to change sponsor
1
;
•
Tier 2 (Intra-Company Transfer), under the rules in place
before 6 April 2010 if you are applying to change sponsor
1
;
•
Tier 2 (Sportsperson);
•
Tier 2 (Minister of Religion);
•
Tier 4 student
3
;
•
Tier 5 (Temporary Worker) in the Creative and Sporting
sub-category, for a job as a professional footballer
switching into Tier 2 (Sportsperson)only
2
;
•
Dependant partner of a Tier 4 student;
•
Highly Skilled Migrant Programme;
•
Innovator;
•
Fresh Talent: Working in Scotland Scheme;
•
International Graduates Scheme (or its predecessor the
Science and Engineering Graduate Scheme);
•
Business and Commercial work permits (except multiple
entry work permits) including Intra-Company Transfer work
permits;
•
Sports and Entertainment work permits (except multiple
entry work permits);
•
Jewish Agency Employee;
•
Member of the Operational Ground Staff of an Overseas-
owned Airline;
•
Minister of Religion, Missionary or Member of a Religious
Order;
•
Overseas Qualified Nurse or Midwife
3
;
•
Person Writing Up a Thesis
3
;
•
Postgraduate Doctor or Dentist
3
;
•
Representative of an Overseas Business;
•
Representative of an Overseas Newspaper, News Agency
or Broadcasting Organisation;
•
Student
3
;
•
Student Nurse
3
;
•
Student Re-Sitting an Examination
3
;
•
Student Union Sabbatical Officer
3
.
