cooling period is there for inland uk visa holder?

[robinp84]

can i get a reply as soon as possible please

My previous visa history :

​Business Visa (9/9/9 - 9/3/10) - Applied from India
​ICT TIER2 MIGRANT (23/3/10-28/03/11) - Applied from India
​TIER2 ICT ESTABLISHED STAFF ( 26/4/11-30/4/12)- Applied from India
​TIER2 ICT LONG TERM(14/6/12-14/5/13) - Applied from UK (Here my salary was below 40k since i come in est staff)

​Applied for tier 2 long term visa from UK on May2013 , but rejected since they were saying minimum 40kpound required for salary

​Appeal was given against decision which also got rejected citing same reason

Didn't went for second appeal since had to leave to india for personal reasons , I left UK on december 2013


Currently i am in India and i want to check whether i can apply for ICT short term visa (If it is not possible
can i apply for ICT long term visa or General visa ) or do i have to wait for 12 months cooling period

[manci]

what is the date your appeal was rejected?

[robinp84]

Hi manci , thanks for your reply
i went for appeal on June 2013 and i got my appeal rejection letter on dec 20 , 2013
i had the option for second appeal , but didnt go for it since i had to return for personal reasons
Now i am checking whether i can apply for ict stort term or long term visa

As my last visa granted was from UK ( ICT long term visa for 1 year from 14/6/12-14/5/13) and i got this even without 40 k salary
This could be because i was in established staff category : TIER2 ICT ESTABLISHED STAFF ( 26/4/11-30/4/12)- Applied from India


Hope you can reply
many thanks

[robinp84]

hi manci
i read that for ict long term visa people (above 40 k salary) there is a cool off period of 12 mmonths if there are trying to reapply from outside UK
but since my previous grant of leave was ict long term (below 40k salary) got from uk , do i also fall into that category and should i need to wait for 12 months now
thanks

[manci]

although it is now only of historic interest what exact reasons were given for rejecting your appeal and what immigration rule did they refer to in the letter you received? From the description of your visa history it seems that para 27 in the T2 policy guidance would have applied in your case:
https://www.gov.uk/government/uploads/s ... idance.pdf

Because of the appeal your T2 ICT leave was automatically extended by virtue of section 3C until the appeal decision (and for a further short period while you were allowed to make a further appeal).

Unfortunately because of the cooling-off rule (see para 26 in the link above) you will not be able to make an entry clearance application until 12 month after your departure from the UK, i.e. until Dec 2014.

[robinp84]

Thanks for the reply manci
my appeal was rejected citing the same reason of 40k
Their statement as below :
on 4 may 2011 you were granted leave to enter UK as tier2 establishd staff until 30april 2012
on 14 june 2012 you were granted leave to remain in UK as tier2 ict long term migrant until 14 may 2013
points awarded for salary is 0 since you dont meet 40 k
there for you dont satisfy the requirement under para 245GD of immigration rule as you dont meet requirement at para 245GD(f) and under appendix A.If you appeal , you dont have to leave uk , while appeal is in progress , your previous leave and the terms and condiftion attached to it , will be extended by virtue of section 3c of immigration act (as ammended) until such a time as the appeal is resolved


/////
i was not aware appeal time will be considered as new length of my long term visa
are you sure i can apply for visa only after dec 2014 and not 1 year after my last visa expired on paper(may 2013)

[manci]

the reason for the rejection seems to be that you did not meet the min. salary requirement for your job SOC code. Some of these changed in April 2013, just before your application.

Regarding cooling-off I hope to be able to revert. In the meantime read immigration rule 245GB (c), (d) and (e):
https://www.gov.uk/government/uploads/s ... art_6A.pdf

[robinp84]

Manci ,Many thanks for reply
As you said i remember there was few system error in generating cos during may 2013
Regarding cool off ,can you please comment whether it is still applicable for me or am i eligible to apply for Short term or Long term visa

1.Is the cool off period applicable for me
OR
2.still i have to wait till may 2014(last long term visa granted on 4/6/12 till 14/5/13) ?
OR
3.still i have to wait till dec 2014 (that is i have to consider my appeal time also ?)

i read link you send .I can see following clause :
///
245GB.
Requirements for entry clearance
(d) The applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant
at any time during the 12 months immediately before the date of the application, unless
paragraph (e) below applies.

(e) Paragraph (d) above does not apply to an applicant who:

(i) was not in the UK with leave as a Tier 2 migrant at any time during the above 12-month
period, and provides evidence to show this,

(ii) is applying under the Long Term Staff sub-category and who has, or last had entry
clearance or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Short
Term staff, Graduate Trainee or Skills Transfer sub-categories, or under the Rules in
place before 6 April 2011, or
////

the above clause says (point 2)i can apply for long term without waiting for any cool off period
and (point d) says i can apply for short term or long term after may15 , 2014 (exact 1 year after my previous visa was granted)

can you please confrm my understanding is correct ,that will be very helpful

[manci]

hope to be able to revert

[manci]

Unfortunately you cannot apply for T2 entry clearance until Dec 14 because of cooling-off:

a) you had leave to remain until Dec 13 by virtue of section 3C

b) the exemption under 245GB (e)(ii) does not apply to you because your last T2 ICT leave was "long term staff" and not "established staff"