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Re-entry on Tier-2 visa

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

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Veek
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Tier-2 Cooling off period start date

Post by Veek » Sun Apr 05, 2020 3:44 am

Hi,

I would appreciate if someone can help me with my query on Tier-2 cooling off period start date.

My situation:
- I had a Tier-2 visa valid from March 2018 to March 2023
- However, I decided to quit my job and move back to my home country. I resigned from my job in Jul 2019 and left UK permanently end of July 2019.
- My employer missed informing Home office and upon my follow up they informed the Home office sometime in end of November 2019.
- I have no information on the letter sent by Home office and the curtailment date as I no longer was in the country.
- Given that my employer only informed the home office in Nov 2019, I am assuming my curtailment date would be somewhere in March / April 2020.

My plans have changed since. I wish to return to the UK. However, I am not sure of when my cooling off period started. And I do not want to wait until April 2021 to apply for a new Tier-2 visa.

My questions:
1. Can I say that since I left the country in July 2019 with the intention of leaving the country permanently and it is fault on my ex-employer that they did not inform the Home office in time, my cooling off period should be considered from end of July 2019 or atleast a few months after July.
2. Is there a way to know the curtailment date?

Thanks

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CR001
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Re: Tier-2 Cooling off period start date

Post by CR001 » Sun Apr 05, 2020 9:02 am

You have to prove the date you left, ie boarding pass etc. The cooling off period starts from the date you left the UK.

The cooling off period has nothing to do with the curtailment letter etc.
Char (CR001 not Casa)
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Veek
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Re: Tier-2 Cooling off period start date

Post by Veek » Sun Apr 05, 2020 9:30 am

Thanks CR001. You made my day!

Please could you let me know if there is any official reference to this information? That would calm my nerves and help me plan.

I did a lot of googling and found information similar to below, which says if the visa was curtailed then the expiry date will be 60 days from date of curtailment.

Third party weblink removed by moderator

-------------When does the Tier 2 cooling off period begin?
The Tier 2 cooling off period begins either:

- after the expiration of the Tier 2 migrant’s previous visa, or
- if the migrant left the UK before visa expiry, the earliest date from which they can evidence that they had left the UK and have not since returned.
- Complications can arise where an applicant’s previous leave was ‘curtailed’. In such circumstances, the expiry date will normally be 60 days from the date of curtailment, as notified by the Home Office.
-------------------------------------------

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CR001
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Re: Tier-2 Cooling off period start date

Post by CR001 » Sun Apr 05, 2020 10:24 am

Page 22, para 67 and 68 of the tier 2 guidance notes.

https://www.gov.uk/government/publicati ... r-2-worker
Char (CR001 not Casa)
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Veek
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Re: Tier-2 Cooling off period start date

Post by Veek » Sun Apr 05, 2020 10:47 am

Thanks CR001. Yes wordings under Tier2 (general) are as you said. Thanks for sharing it. Appreciate it. This is useful info.

I know below categories are different, but the wording there says when someone has left the sponsor early then the curtailment end date is when the cooling off period starts. I guess its good to ignore this .
123(ii) - Page 23 - Tier 2(SportsPerson)
136(ii) - Page 36 - Tier-2(Minister of Religion)

"If you leave your job with your Tier 2 sponsor early, you should ensure that your sponsor
notifies us that you have left so that we can curtail your leave. This is important as the period
of 12 months is counted from the date that your leave ends. "

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CR001
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Re: Tier-2 Cooling off period start date

Post by CR001 » Sun Apr 05, 2020 12:58 pm

Assuming you hold a tier 2 GENERAL, as you don't state which category you hold, you ONLY need to read what is relevant to tier 2 general.

Immigration rules part 6a para 245HB (g) (i) clearly states been IN the UK.

https://www.gov.uk/guidance/immigration ... sed-system
(i) was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this
Char (CR001 not Casa)
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Veek
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Re: Tier-2 Cooling off period start date

Post by Veek » Sun Apr 05, 2020 1:08 pm

Excellent! Thanks CR001.

Yes. I previously held Tier-2 General and will be going for Tier-2 General visa next as well.

Now I am satisfied and clear.

Veek
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Re-entry on Tier-2 visa

Post by Veek » Sun Aug 16, 2020 1:18 am

Hi,

I am looking for some advice on UK tier-2 visa re-entry. Below is my situation.

1. Received Tier-2 General visa in 2018
2. Nov 2019, resigned from my job and returned to my country. Employer said they will be informing the Home office
3. I left UK in Nov 2019 and did not bother to check if I received curtailment letter
4. I now wish to return to the UK
5. I checked my visa status on https://www.gov.uk/prove-right-to-work where it says I can work till 2023
(which means the Home Office did not send a curtailment letter? )

Please suggest
> If I can enter the UK legally given that I left UK almost a year ago

Thanks

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Re: Re-entry on Tier-2 visa

Post by vinny » Sun Aug 16, 2020 2:19 am

Your Tier 2 leave is specifically tied your former employer. If you have resigned, then they may refuse you entry due to change of circumstances and purpose, or subsequently regard you as an illegal entrant with associated risks of being banned from the UK for a longer period.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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