Tier 2 Visa Cooling Off Period Queries

[shannon589]

Hi,

I have a couple questions regarding the Tier 2 Cooling Off Period. I was recently refused a sponsored Tier 2 General Visa due to the Cooling Off period. Please find my questions below:

1. My original Tier 2 ICT visa was issued on Sept 2010. Since the Tier 2 Cooling Off period began after this date, is this grounds for me to appeal the refusal of entry? Does the cooling off period still pertain to me?

2. Since I have been refused a Tier 2 Visa, am I able to enter the UK on a visitor visa? My new company that was planning to sponsor me had me leave the country to obtain the new working visa and was not aware at the time of the cooling off period. As a result, I am in the US and all my belongings, bank accounts etc are in the UK. Can I return to retrieve all of them?

3. My company also has a headquarters in Europe and in the US. Am I able to be employed by them but live and work in the UK, under a consultant or other type of visa?

4. Any other advice you may be able to provide?

Thanks!

[shannon589]

Hi,

Is there anyone that can possibly help with my queries?

Thanks

[physicskate]

Hi,

I have a couple questions regarding the Tier 2 Cooling Off Period. I was recently refused a sponsored Tier 2 General Visa due to the Cooling Off period. Please find my questions below:

1. My original Tier 2 ICT visa was issued on Sept 2010. Since the Tier 2 Cooling Off period began after this date, is this grounds for me to appeal the refusal of entry? Does the cooling off period still pertain to me?

2. Since I have been refused a Tier 2 Visa, am I able to enter the UK on a visitor visa? My new company that was planning to sponsor me had me leave the country to obtain the new working visa and was not aware at the time of the cooling off period. As a result, I am in the US and all my belongings, bank accounts etc are in the UK. Can I return to retrieve all of them?

3. My company also has a headquarters in Europe and in the US. Am I able to be employed by them but live and work in the UK, under a consultant or other type of visa?

4. Any other advice you may be able to provide?

Thanks!

1.) Cooling off applies retrospectively to ALL Tier 2 migrants, regardless of when your visa was issued...

2.) You will have to make a case for them to issue you with a visitor visa. This will be discretionary on you proving strong ties to another country or compelling and compassionate reasons.

3.) What sort of visa would that be? Points based or marriage visas (or EU regulations) are the only ways to legally live and work in the UK. Even if you worked outside the UK, you must still have a visa that allows work in the UK (UK rules). This is why fiancés cannot telecommute etc...

4.) Do more research into the type of visa you apply for BEFORE you make the application. Rules are changing constantly, which makes it difficult for us to keep track of, and UKBA don't accept lack of understanding as an excuse.... the rules have already caught you out once - do everything you can to stop it happening again!

[manci]

You could have switched from T2 ICT to T2G in-country but have been wrongly advised to apply for entry clearance from abroad. This cannot be undone now and presumably your T2 ICT leave, including any curtailment period, has now expired.

You could return to the UK as a general visitor to wind up your affairs. If you are a US citizen you don't strictly speaking need a visa but under the curcumstances it would be advisable to apply for one.

You could also return as a business visitor for max 6 months but the activities you could engage in would be limited. See: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[ilrquest]

yes, according to the Tier 2 policy guidance:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

you can switch to tier 2 general in the UK from the following:
• Tier 2 (Intra-Company Transfer: Established Staff) if you
are applying to change sponsor;

you should have applied to switch to Tier 2 General from the UK instead of seeking Entry clearance