Tier 2 Visa Cancellation Enquiry

[ssr_143]

Dear Immigration Team,

I need some help to clarify on the Tier 2 visa cancellation.

I was granted Tier 2 ICT - Established Staff, Valid from October 2010 to November 2012. I left this employer in March 2011.

I currently have a new job offer in UK who is ready to sponsor me Tier 2 General Visa, but questioning me on the Exclusion Cooling period confirmation.

1. Since I got my visa in October 2010, Am I still eligible for Exclusion period?

2. As I resigned in March 2011, Will my visa be still valid till Nov 2012?

3. My employer has informed me that they missed to cancel my COS in March 2011 & they just cancelled last week. But they keep saying my visa expired by March 2011.
So is it possible to cancel the visa & keep COS untouched?

4. Finally, If my Tier2 Estbalished Staff was cancelled on 9 july 2012, Am i still had to wait for 1 year till 2013?

Your earliest response will be really helpful.

Thanks,
Sudhakar S

[manci]

Dear Immigration Team,

I need some help to clarify on the Tier 2 visa cancellation.

I was granted Tier 2 ICT - Established Staff, Valid from October 2010 to November 2012. I left this employer in March 2011.

I currently have a new job offer in UK who is ready to sponsor me Tier 2 General Visa, but questioning me on the Exclusion Cooling period confirmation.

1. Since I got my visa in October 2010, Am I still eligible for Exclusion period?

2. As I resigned in March 2011, Will my visa be still valid till Nov 2012?

3. My employer has informed me that they missed to cancel my COS in March 2011 & they just cancelled last week. But they keep saying my visa expired by March 2011.
So is it possible to cancel the visa & keep COS untouched?

4. Finally, If my Tier2 Estbalished Staff was cancelled on 9 july 2012, Am i still had to wait for 1 year till 2013?

Your earliest response will be really helpful.

Thanks,
Sudhakar S

You should have continued in your previous post which was about the same subject:
http://www.immigrationboards.com/viewto ... highlight=

Your former employer breached their sponsor duty by not informing UKBA that you left their employment in March 2011. Had UKBA made an inspection visit they would have been in trouble about this and there may have been adverse consequences. Since they reported more than a year late there may still be.

Your visa is technically valid until it is curtailed which it will be now following your former employer informing UKBA that you no longer work for them. The 12 month cooling-off period is counted from the expiry date of the previous T2 leave.

You would only be exempt from the 12 month cooling-off period if you applied in the Tier 2 ICT Long Term Staff category but not otherwise. . However, a condition for granting entry clearance in any T2 ICT category is that you must have worked for the sponsoring organisation for 12 months immediately preceding the application.

.

[ssr_143]

Hi Manci,
Thaks for the information. Yes, My ex-employer literally spoiled my visa status now.

I've job offer from another employer in UK who is willing to sponsor me Tier 2 General Restricted Visa. Since my earlier tier2 ICT Visa was granted in October 2010 as Established Staff - Am I not excluded from Cooling period?

Thanks,
Sudhakar S

[manci]

You would only be exempt from the 12 month cooling-off period if you applied in the Tier 2 ICT Long Term Staff category but not otherwise. See Immigration Rule 245GB and 245HB:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[ssr_143]

Thanks Manci... Quick 1 - Every where it is mentioned as 12 mths from Entry Clearance....

But even though my visa/cos was sponsored from October 2010, I never traveled to UK / Visa was never used. Is this something to consider?

Thanks,
Sudhakar S

[manci]

From your post it seemed that you were working in the UK Oct 2010 - March 2011, however this doesn't really matter because you had leave even if you didn't use it. If you had leave under T2 the rules about cooling-off apply regardless of whether you were in the UK during that time

Read the Immigration Rules, Rule 245GB for T2 ICT and 245HB for T2G:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[ssr_143]

Manci,
Thanks for your valuable information.

I clearly understand from your response & policy that I have to wait for another 12 months to apply for UK Visa. It would be really great if you could provide me with additional details on below query.

My COS was cancelled on 9 July 2012, Hence my visa will be valid till 9 September 2012 (60days period). This happened when I'm not in UK. So now,


1. With this visa (valid till 9 Sep) Can I travel to UK?

2. If my old & new sponsor is ready to help me, can I get transfer from Tier2 ICT Established Staff to Tier 2 General, while I'm in UK.

3. Is there any prerequisite for this transfer? Like I have to be in UK for some days? Documents?

3. How long does the change of sponsor take place?

4. If incase all goes well, Can I come back to my home country (kind of Annual leave) and the go back to UK to join them?

5. Finally, I never travelled to UK from the day this visa was sponsored, Am I still included in the cooling period?

Your response would be of great help to me.

Thanks,
Sudhakar S

[manci]

To recap your situation:

1. You have a T2 ICT Established Staff visa valid Oct 2010 - Nov 2012 but you only worked for the sponsor company outside the UK from Oct 2010 to March 2011, when you ceased being employed by them, and you never travelled to the UK on that visa.

2. The sponsor company only reported that you no longer work for them on 9 July 2012, more than a year late.

As to your questions:

It is doubtful that you can travel to the UK on that visa now. This is because the Immigration Officer at the port of entry will see that this is the first time you would be entereing the UK on that visa which was issued 19 months ago and if he/she checks the CoS number noted on your visa, and/or questions you, it will become apparent that you are no longer being sponsored.

If you were in the UK you would be allowed to switch from T2 ICT to T2 General provided you change sponsors and you wouldn't need help from your pevious sponsor for that, only a CoS from the new sponsor.

As stated in Immigration Rule 245HB(g) if you applied for T2G entry clearance you would be subject to the 12 month cooling-off period

[ssr_143]

Thanks Manci...

I spoke to UKBA today & got a different positive news !!

Since I did not travel / use my visa, my visa was not activated technically. Which means entry clearance was not made. Only after I use this visa & exit, the 1 year period counts...

Hence they have mentioned that I'm not included in the Cooling period of 1 year. Is this something you are aware of?

Regards,
Sudhakar S

[manci]

As you have seen this is what the Immigration Rules say about the cooling-off period for T2G entry clearance applications:

245HB (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, regardless of whether he was in the UK during that time.

What I would suiggest is that you call UKBA again because sometimes you get different answers from different members of staff - not all of them are well trained. Another way to check the information you got would be to contact the UK diplomatic post (if possible, an entry clearance officer) or the visa processsing organisation in your country and put the question to them.

Remember that you will need a CoS before you can apply for a visa.

[ssr_143]

Hello Manci,

I've spoken to almost 5-6 consultants from UKBA & all say that if my visa is not activated / entry clearance made to UK immigration, then I can be exempted from Cooling period.

Also if the visa is not used within 90days from the date of permission granted, then it quto expires.

Is there any possibility for you to check this for me?

Regards,
Sudhakar S

[manci]

I've spoken to almost 5-6 consultants from UKBA & all say that if my visa is not activated / entry clearance made to UK immigration, then I can be exempted from Cooling period.

As suggested before, contact the ECO or the visa processing centre in your home country to get a definitive answer. I am not aware of this exemption from the cooling-off period.

Also if the visa is not used within 90days from the date of permission granted, then it quto expires

Again, I am not aware of any such rule but your visa would not be valid in any case because you are no longer sponsored and this is a change of circumstance since the entry clearance was issued and it has removed the basis of your claim to be admitted to the UK.

[ssr_143]

Hello All,

Good News. My Visa has been approved by UKBA finally.... I managed to get some confirmation mail from UKBA India, Singapore that I'm eligible to apply... My Sponsor also provided a strong letter that i did not travel using the visa & not traveled to UK for nearly 2 yrs...

Finally, its approved within 1 week of submission

Thanks for all your help.

Regards,
Sudhakar S

[glrrajesh]

Hello All,

Good News. My Visa has been approved by UKBA finally.... I managed to get some confirmation mail from UKBA India, Singapore that I'm eligible to apply... My Sponsor also provided a strong letter that i did not travel using the visa & not traveled to UK for nearly 2 yrs...

Finally, its approved within 1 week of submission

Thanks for all your help.

Regards,
Sudhakar S

Sudhakar,

Can i have your email id where i can contact you. I have few personal clarifications to see if you can help. Thanks

my email is rajesh1_glr@yahoo.com