Tier 2 Application Advice

Hi there,

I am currently living in the UK on my Tier 5, which is coming to an end. I have received an rCOS for my current employer, and have few questions on my Tier 2 Application. Help on any of the below would be appreciated!

1. I am a NZ Citizen on a NZ Passport, but was previously residing in Australia before moving to the UK. I will be returning to Australia for my Biometric Appointment, but have been asked for proof of residency in Australia. Not sure I need one, since there is free movement between these countries, but have been asked anyway.

2. I have to supply dates of arrival and departure for the 3 most recent times in the UK, but since I live here, I technically haven't departed since my last entry. How do I get around this?

3. My Tier 5 visa expires on the 21st March - given it is the 20th Feb already and I'm yet to complete the application, fly to Australia for my appointment, and receive my visa back, is it possible to have a slight gap between the two visas, or does the "cooling off" period apply?

Thanks All!

1. I am a NZ Citizen on a NZ Passport, but was previously residing in Australia before moving to the UK. I will be returning to Australia for my Biometric Appointment, but have been asked for proof of residency in Australia. Not sure I need one, since there is free movement between these countries, but have been asked anyway.

You cannot apply in a country where you are admitted as a visitor. You need legal residence, i.e. work and living there permitted for example. So depending on what the entry stamp grants for Australia, that will be what you need to submit if not a visitor.

2. I have to supply dates of arrival and departure for the 3 most recent times in the UK, but since I live here, I technically haven't departed since my last entry. How do I get around this?

Simply state the dates. HO obviously have your full immigration history. Note that you cannot enter a date in the future for your 'departure' to apply from abroad.

3. My Tier 5 visa expires on the 21st March - given it is the 20th Feb already and I'm yet to complete the application, fly to Australia for my appointment, and receive my visa back, is it possible to have a slight gap between the two visas, or does the "cooling off" period apply?

They are two completely separate and independent visas with their own rules. It makes no difference if your Tier 5 expires as you are applying for a different category of visa. There is NO cooling off period for Tier 5 to Tier 2 applications. Cooling off only applies to Tier 2 to tier 2 visas in certain circumstances.