Cooling off Period from March 2018

[sparkyram]

Hi guys

Please understand this point

THERE IS NO COOLING OFF PERIOD FOR GENERAL TIER 2 VISA

COOLING OFF PERIOD IS FOR ICT TIER 2 VISA, NOT GENERAL



I lost a couple of opportunities because of the wrong information provided here in the site

So, if you had a job in UK with general tier 2 visa, you left the job early and UK ... Then if you get another job in UK, while you are out of UK,
Still you can go back UK on new tier 2 general visa without the cooling off period of 12 months..

You are wrong. If you leave the UK and make an application for tier 2 with a new sponsor from abroad, the 12 month cooling off applies.

Hello CR001,

Apologies for digging this old thread. But my question is based on your above answer . Thats the reason i am replying back in this old post.

My friend is also in similar situation, He was here till March 2018 in Tier 2 ICT short term.. After his visa expiry he moved out of UK and working in offshore location for same sponsor. Now the same sponsor willing to send him back on Tier 2 Gen. does the cooling off period applies here for him ?

Because based on your previous reply, you have said that for "new sponsor from abroad cooling off period applies".. does that mean for the same sponsor it doesn't apply ?

[CR001]

Kindly refrain from digging up old topics to tag onto.

To come back on a Tier 2 General, the 12 month cooling off will still apply unless being offered a salary of in excess of £159,600pa.

[anilisanil]

If he is on short term ICT for less than 3 months, cooling off won't apply. So it depends on how long your friend was in UK and how long the initial CoS was valid for.

[CR001]

If he is on short term ICT for less than 3 months, cooling off won't apply. So it depends on how long your friend was in UK and how long the initial CoS was valid for.

ICT Short term visa route was closed on 5th April 2017 so unlikely OPs 'friend' was on a 3 month short term visa till March 2018.

[sparkyram]

Any idea when this cooling off period rule is effective ? from which year ?

Because few of my friends and myself, initially we were in ICT short term visa date of issue June 2012 and expiry june 2013. When the visa expired we moved to India and our same sponsor gave us tier 2 general and a batch of 6 people got tier 2 general without cooling off.



Also if you see the info in below WhatdoTheyKnow.com link , someone similar to my case :

https://www.whatdotheyknow.com/request/ ... itytier2_i

[CR001]

Any idea when this cooling off period rule is effective ? from which year ?

Because few of my friends and myself, initially we were in ICT short term visa date of issue June 2012 and expiry june 2013. When the visa expired we moved to India and our same sponsor gave us tier 2 general and a batch of 6 people got tier 2 general without cooling off.



Also if you see the info in below WhatdoTheyKnow.com link , someone similar to my case :

https://www.whatdotheyknow.com/request/ ... itytier2_i

You need to look at the current rules and not issues from 2012/2013 or 2016, there have been many rules changes in this 6 year period.

He is subject to the 12 month cooling off period as the rules are now.

[sparkyram]

Any idea when this cooling off period rule is effective ? from which year ?

Because few of my friends and myself, initially we were in ICT short term visa date of issue June 2012 and expiry june 2013. When the visa expired we moved to India and our same sponsor gave us tier 2 general and a batch of 6 people got tier 2 general without cooling off.



Also if you see the info in below WhatdoTheyKnow.com link , someone similar to my case :

https://www.whatdotheyknow.com/request/ ... itytier2_i

You need to look at the current rules and not issues from 2012/2013 or 2016, there have been many rules changes in this 6 year period.

He is subject to the 12 month cooling off period as the rules are now.

Yeah Agreed CR001. I advised my friend to check with the company immigration team on current rules.

This is for my self satisfaction. Because i am applying ILR next month (completing 5 years on tier 2 General) and am worried like what if case worker asked me how i got tier 2 Gen without cooling off ? Thats the reason. Not sure if my worry is unnecessary :/

[CR001]

Your friends situation has nothing to do with yours. You have no issues.