Tier 2 Cooling Period

tushaar9999 · Post by **tushaar9999** » Fri Sep 27, 2013 7:13 am

Hi,

I am in a unique situation!

I was working in UK till 16th August 2013 on Tier 2 G, my last day at work. My visa was valid till 17th Dec 2013. But I came back to India for some personal work on 20th August 2013 knowing well that my employer wants to hire me in a new role for which a new Tier 2 G will be filed.
Now, I have finished my personal work and my employer wants to hire me back in the new role and are ready to sponsor my Tier 2. But since, I have come back to India, it seems the cooling off period has started! We were not aware about this rule.
Is there any way, in which I can still possibly travel to UK and start working for my employer?

Thanks for your help.

Cheers.

iworker · Post by **iworker** » Fri Sep 27, 2013 10:48 am

There is no such thing as cooling off period for Tier 2 G, for now. THis will only start roughly about 4 years later, when the people who were first granted tier 2 G, after april 2012 will have spend 6 years of time on thier tier 2 G in the UK and will be required to go back or a year.
you are ok to come back anytime before ur visa ends, but be mindful, u could be asked at the airport why were u out for so long.. for which u can say unpaid leave, family emergency etc.

tushaar9999 · Post by **tushaar9999** » Fri Sep 27, 2013 11:51 am

Thank you for your response iworker.
I had got my Tier 2 G visa in Dec 2012 for 1 year.
I finished my employment in Aug 2013, post which I came back to India.
Now my company wants to hire me again.
The visa consultant says that I'm in the cooling off period, so cant apply.

Is there any specific rule which says otherwise? Can you point me in the right direction please?

Thanks.

Post by **manci** » Sat Sep 28, 2013 10:05 pm

your situation depends on what happened when you finished your T2 employment in August 2013. Did your employer report your termination to the HO and was your visa curtailed?

tushaar9999 · Post by **tushaar9999** » Mon Sep 30, 2013 10:18 am

Thanks for your reply Manci.

I have no idea on the status of my visa.

How and from where can I check it?

I haven't received any letter from UKBA yet.

tushaar9999 · Post by **tushaar9999** » Thu Oct 03, 2013 9:33 am

My employer has communicated my termination but my visa has not been curtailed yet.
So what options do I have at the moment?

Post by **manci** » Thu Oct 03, 2013 10:43 am

If your leave has been curtailed and you are outside the UK you cannot return to the UK on your visa. See page 130:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Since you left your employment on 20 August and the sponsor is required to report this to the HO within 10 days it is possible/likely that your leave has already been curtailed but you just don't know about it.

tushaar9999 · Post by **tushaar9999** » Sun Oct 06, 2013 8:05 am

Hi, I know for sure that my leave has not been curtailed or cancelled.

pa1 · Post by **pa1** » Mon Nov 14, 2016 4:55 am

So did you get a fresh Tier 2 G visa sponsored or you had to wait for 12 months ?

Post by **CR001** » Mon Nov 14, 2016 8:32 am

pa1 wrote:So did you get a fresh Tier 2 G visa sponsored or you had to wait for 12 months ?

This thread/topic is more than 3 years old and the original poster has not logged into the forum since October 2013.

Please check the date of the original posts first before posting and please refrain from digging up old threads.

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