Post
by ashishkm » Fri Mar 23, 2018 12:19 pm
exact rule is as follows
Please note that if you have had a grant of leave for entry clearance, leave to enter or remain as a Tier 2 Migrant at any time during the 12 months immediately before your date of application, unless you were only being sponsored in Tier 2 (as recorded by the Certificate of Sponsorship) for a period of 3 months or less, you will not be able to apply for further leave under Tier 2 unless one of the following applies:
i. you were not in the UK with leave as a Tier 2 Migrant at any time during the above 12 month period immediately before your date of application and you can provide evidence to show this has been met as set out in paragraph 72 below, or
ii. the salary for the job that the Certificate of Sponsorship Checking Service shows you are being sponsored to do (including any allowances listed as acceptable for this purpose in paragraph 79 of Appendix A of the Immigration Rules) is £159,600 or higher.
Where you left the UK before your last period of Tier 2 leave expired, the 12-month period can start earlier than the date your leave expired but only if you can provide evidence
of you having not been in the UK for a period immediately prior to that date. Acceptable evidence may include, but is not limited, to:
a) travel tickets or boarding card stubs, but only if you or your previous sponsor also
submitted an SMS report at the time, confirming that your employment in the UK had ended;
Tier 2 Policy Guidance (Version 01/2018) Page 23
b) exit or entry stamps in your passport which confirm that you were not in the UK;
c) a letter from the your overseas employer confirming the date you started work overseas, after returning from the UK;
d) any other evidence that shows you were not in the UK.
Where evidence is produced and accepted, we will calculate the cooling off period to start from the earliest date supported by that evidence. In all cases where the Certificate of Sponsorship was assigned for longer than 3 months, the cooling off period will apply, even in cases where your length of stay in the UK is less than 3 months. For instance, where you were assigned a Certificate of Sponsorship of 6 months in length and we were notified that you ceased working in the UK after 2 months, the cooling-off period will apply as the Certificate of Sponsorship was assigned for more than 3 months
