Tier 2 Eligibility

[jakanil]

Hello,

I had a Tier 2 ICT (for 2 years) Visa approved back in October, 2009 for UK. I travelled to UK then and came back to India in July, 2010.

Later in March, 2011 I travelled to UK on another client assignment and had my WP extended till October 2012. I left UK on 15th of October 2012 (last day of WP validity) at the end of my assignment.

Could you please help me with the following queries?

1. Does my earlier Visa come under WP applied after April 2011? Only the extension was filed in October 2011. So I’m not sure if this is before 04/2011 or after 04/2011
2. Do I still need to serve 12 months of Cooling Period? Or am I eligible for a new Long Term visa under Tier 2 ICT this month (07/2013)?
3. If the Long Term Visa is not feasible, am I allowed to apply for a short term UK WP for 12 months?

Thanks,
Jak

[manci]

according to immigration rule 245GB (e)(ii) cooling off does not apply if one is applying for entry clearance under the Long Term Staff sub-category and had entry clearance or leave to remain under the rules in place before 6 April 2011.

Since you had entry clearance in Oct 2009 IMHO cooling off does not apply to you

[jakanil]

Thanks a lot for your response sir.

[jakanil]

Hello Manci,

In a twist of events, I was informed by my immigration team last night that they cannot apply a new Longeterm Tier - 2 for me as I have to serve the cooling off period. The reason they gave is that - my extension was filed in October, 2011 which comes under the new rules proposed. However, I couldn't find any such restriction mentioned in UKBA policy mentioning Extension.

Also am I not allowed for Shorterm Visa now? Can you please clarify this?

Thanks,
Anil Japa

[Jeeves]

My understanding of the rules is that your employer is correct - your extension in October 2011 can only have been in the 'Long Term' category - so the cooling off period does apply.

So the only way you can come back without waiting 12 months is to qualify on the basis of being paid £152,100.

So it looks like you'll need wait 10 weeks or so and apply when the 12 months are up.

[jakanil]

Thanks for the reply Jeeves.

Does that also mean I cannot travel on Shortterm visa? As far as I read, any person who travelled on Longterm earlier can apply under shortterm and vice versa during the cooling off period.

Regards,
AJ

[Jeeves]

Thanks for the reply Jeeves.

Does that also mean I cannot travel on Shortterm visa? As far as I read, any person who travelled on Longterm earlier can apply under shortterm and vice versa during the cooling off period.

Regards,
AJ

That only works one way - those on short term can come back on long term without waiting, the opposite is not true, i.e. people on long term have to wait (unless they're paid £152,100).

The Immigration Rules referred to by manci state:

(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, unless paragraph (e) below applies.

(e) Paragraph (d) above does not apply to an applicant who:

(i) was not in the UK with leave as a Tier 2 migrant at any time during the above 12-month period, and provides evidence to show this,

(ii) 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, or

(iii) 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 75 of Appendix A) of £152,100 or higher.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[jakanil]

Makes complete sense Jeeves. Thanks again.

I was under the impression that Extensions doesn't come under these new rules. Strangely the extensions generally aren't shown on the passport. I got a Biometric card. If I had not sent that across my Immigration team wouldn't have known that I guess.

Thanks for clarifying this anyway.

Cheers,
AJ