Use CoS second time for same employer (already have tier 2)

[doubush]

Hello,
I am in the following situation. I have got CoS and then successfully got Tier 2 visa.
I relocated to UK and worked there for 4 months. Then i got unexpected circumstances and had to back home. I thought i will not back so i ended my employment and left UK.
Now circumstances changed again and i would like to back to UK. I still have the visa. However, i am not sure if i can be employed by same employer as before with same CoS i already had. Do i need new CoS? or i can use existent? I found some information about CoS is valid for 3 months and you have to use it in this time.

DO i need new CoS to work for same employer?

Thank you.

[Apam]

How long have you been away from the uk?
If your employer informed the ukba that you had terminated your contract with them, it's likely your visa might have been cancelled and hence made invalid. Contact your sponsor, they will have the details of what they informed the ukba. Otherwise your absence could be classified as compelling circumstances by your employer in which case you can now resume work without the need to apply for a new visa and 1 year cooling off period!

[doubush]

How long have you been away from the uk?
If your employer informed the ukba that you had terminated your contract with them, it's likely your visa might have been cancelled and hence made invalid. Contact your sponsor, they will have the details of what they informed the ukba. Otherwise your absence could be classified as compelling circumstances by your employer in which case you can now resume work without the need to apply for a new visa and 1 year cooling off period!

Thank you for your response.
I left UK one month ago. But we agreed that contract terminating date is 31 Dec (this was good for me and the employer)
The employer notified UKBA. He said about i had to go back home.
So should i expect my visa is not valid? Is there a way to check online if my tier2 visa is still valid?

And what is "1 year cooling off period"? Will this somehow affect my future visas?

Thank you

[Apam]

If your employer informed ukba about termination of your contract, then unfortunately your visa may have been cancelled. The only way to find out online is by the employer's SMS online. Contact your sponsor to find out the current state of your visa.
Tier 2 current rules state that if you leave the uk due to termination or resignation or your job, you need to stay away from applying for a tier 2 visa for 1 year; this is called cooling off period unless you earn over £152000.
However you can reapply 1 year after you left the uk, not when your current visa expires.

[iworker]

If your employer informed ukba about termination of your contract, then unfortunately your visa may have been cancelled. The only way to find out online is by the employer's SMS online. Contact your sponsor to find out the current state of your visa.
Tier 2 current rules state that if you leave the uk due to termination or resignation or your job, you need to stay away from applying for a tier 2 visa for 1 year; this is called cooling off period unless you earn over £152000.
However you can reapply 1 year after you left the uk, not when your current visa expires.

I dont think this is correct info. The cooling time only kicks in after one has been on tier 22 for 6 continuous years.

[Apam]

If cooling off was only for those who have been in the uk for 6 years, that would have been great. Unfortunately that's not the case. Anyone on tier 2 who leaves the uk due to termination of contact etc and wants to return to the uk under tier 2 is unfortunately subject to a year's cooling off period unless earning over £152000.
There are lots of people on the forum serving cooling off who have confirmed this.

[doubush]

If cooling off was only for those who have been in the uk for 6 years, that would have been great. Unfortunately that's not the case. Anyone on tier 2 who leaves the uk due to termination of contact etc and wants to return to the uk under tier 2 is unfortunately subject to a year's cooling off period unless earning over £152000.
There are lots of people on the forum serving cooling off who have confirmed this.

I found some info on this
http://www.pwclegal.co.uk/services-peop ... -law.jhtml

it says about cooling-off for tier2 (intra-company transfer), but my is tier2 (general) . so maybe this will not be in my case?

[Apam]

Well, this forum is not a substitute to legal counsel. We only try to give advice based on our interpretation of the law and personal experience. I could be wrong in my suggestions.
If you have any doubt speak to an immigration lawyer about your specific case or your sponsor.

[manci]

see immigration rule 245HB(g)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/