Cooling off period applicable for Tier II Partner?

[india11111]

Hello,

I was in UK on Tier II dependent visa between Oct-2011 till Feb-2013.

Now I am planning to apply for Tier II general visa in India as I have COS.

I am aware that the cooling off period is introduced however interested to confirm that will cooling off period be applicable in my case (I was on Tier II partner/dependent visa before)?

Kindly advise.

[manci]

the cooling off period will not apply to you as you were a dependant, not a T2 migrant, during your recent stay in the UK.

[india11111]

the cooling off period will not apply to you as you were a dependant, not a T2 migrant, during your recent stay in the UK.

Is it possible for you to kindly guide me to the UKBA guideline or something official that confirm this. Just want to be 100% sure, I hope you understand.

Thanks a lot for your reply.

[manci]

Immigration Rules 245HB(g)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[india11111]

Immigration Rules 245HB(g)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

I found this paragraph under 245HB(g)

(g) 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, unless the applicant:

(i) was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or

(ii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) of £152,100 or higher.

Somehow these terms (Tier II migrant) still confuse me, are they implying I can apply for Tier II general visa as I was not in the UK as a Tier 2 migrant (rather I was a partner of Tier 2 migrant)?

Thank you Manci.

[manci]

You were a PBS dependant when last in the UK which is a different immigration category from T2 migrant. The cooling off only applies to those who have been in the UK as T2 migrants.

[india11111]

You were a PBS dependant when last in the UK which is a different immigration category from T2 migrant. The cooling off only applies to those who have been in the UK as T2 migrants.

No further question. God bless you!!!

[india11111]

I got that I can apply as T2 Migrant.

Just wanted to confirm that in case my wife (who returned form UK in Feb 2013 as T2 migrant) can go with me as dependent and she will be able to work in UK for current employer or any new employer?

In other word cooling off period will not be applicable for her as she will now file T2 Migrant Partner visa?

[nik_is_it]

Hi,

I'm currently on Tier 2 ICT visa (applied after 2011)and my wife is on Tier 2 dependent visa.

Both of us are working, does this mean my wife can apply for Tier 2 ICT after 5 years (even if we have to do that from our country) and I can them move to Tier 2 Dependent and stay in UK for another 5 years.


Also is there any provision of converting Tier 2 ICT to PR after x year; like may be buying property etc?

[iworker]

your wife can apply tier 2 general (with restricted cos and from home country) now.. if she can manage to persuade her company to issue her a cos and u can change to her dependent at any time within UK.
Alternatively, once your visa is coming to an end and your wife is still working, she can apply for tier 2 general and you can be her dependent.
Yet another route can be, that she changes to her independent tier 2 general now, and u continue on your current tier 2 ict. once your 5 years end, u can change to be her dependent and continue working. This route will make your settlement time in uk longest but can prove to be safest.

[nik_is_it]

We both work for the same company so I should not have any issues getting the COS.

Also can we get ILR when we are on Tier 2, if yes when and how. Thanks for your help