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Tier 2 (General) Entry Clearance post visa expiry

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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parsun
Newly Registered
Posts: 8
Joined: Thu Sep 15, 2011 11:00 am

Tier 2 (General) Entry Clearance post visa expiry

Post by parsun » Wed Aug 23, 2017 4:29 pm

Dear Members,

My Uncle worked in the UK as a Doctor in NHS under Tier 2 (General) Visa category.

His NHS trust sponsored him for a limited period from Jan-16 till Aug-17
He applied for Entry Clearance from Chennai, India in Feb-16 and was granted visa till 15-Aug-17. (Note: He did not apply EC for his Wife and Child since they continued to stay in India)
He entered UK in 8-Mar-16.There was a delay in NHS getting him started at work and he finally started working from Sep-2016.
His employer has now had operational delays and could not get his CoS on time for his visa extension.
Since his visa was ending on 15-Aug-17, he did not want to overstay and hence left UK on 14-Aug-17

Now, he is unclear on the visa rules and seeks support on the options available to him to work in UK.
1. His employer is now ready to send his CoS to get him back to work. Is it legally possible for him to apply for Entry Clearance from India to resume working with the same employer?
(or)
2.There are other NHS trusts who are keen to employ him under Tier 2 (General) visa again with a CoS from their respective trusts. Is there any cool off period of 12 months, for which he needs to wait to switch employers and apply for Entry Clearance?

Any response from fellow members would be greatly appreciated. Many Thanks in advance.

Regards,
Parsun.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Tier 2 (General) Entry Clearance post visa expiry

Post by physicskate » Wed Aug 23, 2017 5:19 pm

Unfortunately, he is now subject to a 12 month cooling off period. He cannot apply for 12 months since he left the UK (keep proof).

He can apply as a dependent if his wife (for example) were able to secure a Tier 2 visa.

After the cooling off period, he is once again subject to the RLMT.

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