URGENT help please!

[swlondonshanghai]

Dear all,

I have been working in UK under a ICT Restricted Work Tier 2 visa since March 2010. Dec last year I was made redundant by my company. My leave to remain will expire in mid March 2013.

I am expecting to land on a new job from a new employer around Feb-March. To be able to work in the new position, I understand that I will either need a new Tier 2 general sponsored by the new employer or a Tier 2 dependent visa (my wife is working in UK under a Tier 2 main visa sponsored by her company).

My questions are

1. Can I apply for a Tier 2 general visa sponsored by new employer before my current leave to remain expires? Will cooing off period apply in that case, i.e. do I need to leave UK for 12 months?

2. If I apply for a Tier 2 general visa sponsored by new employer after my current leave to remain expires, i.e. leave UK once, will cooing off period apply in that case, i.e. do I need to leave UK for 12 months?

3. If I apply Tier 2 dependent visa after I leave UK, I assume the cooling off period do NOT apply. Correct?

To make things clear, I first entered UK on Tier 2 ICT in March 2010.

Any idea helps, thanks!

S

[manci]

Dear all,

I have been working in UK under a ICT Restricted Work Tier 2 visa since March 2010. Dec last year I was made redundant by my company. My leave to remain will expire in mid March 2013.

I am expecting to land on a new job from a new employer around Feb-March. To be able to work in the new position, I understand that I will either need a new Tier 2 general sponsored by the new employer or a Tier 2 dependent visa (my wife is working in UK under a Tier 2 main visa sponsored by her company).

My questions are

1. Can I apply for a Tier 2 general visa sponsored by new employer before my current leave to remain expires? yes Will cooing off period apply in that case no, i.e. do I need to leave UK for 12 months? correct

2. If I apply for a Tier 2 general visa sponsored by new employer after my current leave to remain expires, i.e. leave UK once, will cooing off period apply in that case, i.e. do I need to leave UK for 12 months? You can in fact apply from the UK until 28 days after the expiry of your current visa because up to 28 day overstay is disregarded. However, if you apply as an ovestayer and your application is refused you will not get a right to appeal.

3. If I apply Tier 2 dependent visa after I leave UK, I assume the cooling off period do NOT apply. Correct? correct but in this case you will have lost 3 years continuous residence as far as ILR is concerned

To make things clear, I first entered UK on Tier 2 ICT in March 2010.

Any idea helps, thanks!

S

[swlondonshanghai]

Thanks a lot Manci!

To further clarify..

For 1, by "Correct" you mean in this case cooling off period does NOT apply so I don't need to leave for 12 months as far as I apply in UK

For 2, once I left UK (within 28 days as you said) and if I want to apply outside UK, then I have to wait for 12 months, right?

Thanks!!

[manci]

Thanks a lot Manci!

To further clarify..

For 1, by "Correct" you mean in this case cooling off period does NOT apply so I don't need to leave for 12 months as far as I apply in UK yes, that is so, you don't have to leave the UK if you apply for T2G leave not later than 28 days after the expiry date of your current T2 ICT leave.

For 2, once I left UK (within 28 days as you said) and if I want to apply outside UK, then I have to wait for 12 months, right? yes, you have to wait 12 months if you want to apply for T2G entry clearance but not if you apply for entry clearance as a PBS dependantThanks!!