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Is cooling period applicable if didn't leave UK (T2 Gen to PBS Dep to T2 Gen)

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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Aravind_G
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Is cooling period applicable if didn't leave UK (T2 Gen to PBS Dep to T2 Gen)

Post by Aravind_G » Mon Sep 16, 2019 10:44 am

Dear All,

I came to the UK in April 2017 on a Tier 2 General Visa.
In April 2019, I quit my job and switched to a PBS Dependant on my wife's Tier 2 General Visa.
Due to personal circumstances, my wife wants to quit her job now.

My current employer is willing to sponsor a Tier 2 General Visa for my current role.

Q1) Am I eligible to apply for the Tier 2 General visa now?
Q2) Does cooling period of 12 months apply in my case?
Q3) If it applies, when will the cooling period end so I can apply for the visa?
Q4) Has anyone else been in a similar situation? Please share your experiences.

I checked with a few immigration consultants but I am getting different answers.

Please note I never left the UK at the termination of my Tier 2 General visa. I had switched before the end of T2 General Visa. Also I never received a curtailment letter for my previous Tier 2 General visa.

Thanks in advance for your help!

Cheers,
Aravind

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CR001
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Re: Is cooling period applicable if didn't leave UK (T2 Gen to PBS Dep to T2 Gen)

Post by CR001 » Mon Sep 16, 2019 10:59 am

Q1) Am I eligible to apply for the Tier 2 General visa now?
No.
Q2) Does cooling period of 12 months apply in my case?
Yes it still applies. You need 12 months on the dependent visa.
Q3) If it applies, when will the cooling period end so I can apply for the visa?
Once you have held a PBS Dependent visa for 12 months.
Q4) Has anyone else been in a similar situation? Please share your experiences.
Yes many, there is no way around this unless you earn in excess of £159,600pa.
Please note I never left the UK at the termination of my Tier 2 General visa. I had switched before the end of T2 General Visa. Also I never received a curtailment letter for my previous Tier 2 General visa.
It is irrelevant. The Immigration rules clearly state that you cannot apply for Tier 2 General from outside the UK if you have held a Tier 2 visa in the last 12 months preceding your date of application.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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