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Tier 2 cooling off period reset conditions

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

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dsnsbt
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Tier 2 cooling off period reset conditions

Post by dsnsbt » Wed Nov 21, 2018 9:14 am

Hi,

Here's my situation.
  • My nationality is Serbian, I only have a Serbian passport.
  • I've been employed on a Tier 2 general (employer sponsored visa) since August of 2016, and the visa was to expire in August of 2021.
  • My employment was terminated in May of 2017, and I have left the UK in August of 2017.
  • I have received a curtailment letter in January 2018, changing the expiry date of the visa to March 2018.
  • Meanwhile, after leaving the UK in August 2017, I have visited the UK several times in January and February 2018 on a tourist visa (and technically, a tier 2 visa too since it didn't expire yet).
  • In June 2018, I was employed by a firm in London on a 6-month internship and a Tier 5 visa and I'm currently residing in the UK until December.
  • Right now, I have found out via HR in my firm that I cannot apply for a tier 2 visa under the 12-month cooling off period rules until... December 2019, and only if I don't visit the UK at all for 12 months.
From what I have read, this shouldn't be the case. My visa was curtailed and expired in March 2018, so the cooling off period should have started then and will end in March 2019, and shouldn't get reset because I've spent time in the UK on other types of visas in the meantime (specifically, a tourist visa and a Tier 5 visa).

Given all that, what is the actual cooling off period? Does it end in March 2019 or am I supposed to stay out of the UK for 12 months completely?

Thanks!

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CR001
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Re: Tier 2 cooling off period reset conditions

Post by CR001 » Wed Nov 21, 2018 9:25 am

Cooling off period starts from date you left the UK on tier 2 and HO would expect to see evidence of departure when you apply for a new tier 2 general.

You need to apply for Tier 2 from Serbia.
Char (CR001 not Casa)
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dsnsbt
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Posts: 3
Joined: Wed Nov 21, 2018 9:01 am
England

Re: Tier 2 cooling off period reset conditions

Post by dsnsbt » Wed Nov 21, 2018 10:28 am

CR001 wrote:
Wed Nov 21, 2018 9:25 am
Cooling off period starts from date you left the UK on tier 2 and HO would expect to see evidence of departure when you apply for a new tier 2 general.

You need to apply for Tier 2 from Serbia.
Applying from Serbia is not the issue, and I do have evidence of departure from the UK from end of February 2018. To confirm, you think that the cooling off period isn't influenced by visits to the UK on a tourist visa / Tier 5 visa after the expiry of the tier 2?

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CR001
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Re: Tier 2 cooling off period reset conditions

Post by CR001 » Wed Nov 21, 2018 10:30 am

Cooling off applies to holding a tier 2. You can visit or hold any other visa but a tier 2 in the 12 months.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dsnsbt
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Posts: 3
Joined: Wed Nov 21, 2018 9:01 am
England

Re: Tier 2 cooling off period reset conditions

Post by dsnsbt » Wed Nov 21, 2018 10:42 am

Thank you for the responses, much appreciated.

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