12 months cooling off period

[ff88]

I have a question.

I came to UK on tier 2 In December 2011. My tier 2 visa was valid from December 2011 till September 2014. However before my leave expired I left my Job and left UK on 1st January 2014. My employer that time didn't informed UKBa neither did I. In October 2014 I went to UK on a visit visa for 2 weeks.

Now my question is that I have not been to UK in last 12 months on tier 2 even though my last tier 2 was valid till 28 September 2014 but I left uk in jan 2014 and went in october on new visit visa. I now got a job offer and my rcos will be applied for august 2015. If accepted and I apply for tier 2 willmy 12 months cooling off period apply or is it over ?

Should I attach a seperate cover letter with visa application to clarify all this to ukba or will they see the entry stamp on my passport and figure out themselves?

[moonlight55]

Ideally, your sponsor should have reported this to UKVI. They risk loosing their license due to not reporting. See text below from Para 74 of T2 guidance:

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;
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.

[ff88]

Ideally, your sponsor should have reported this to UKVI. They risk loosing their license due to not reporting. See text below from Para 74 of T2 guidance:

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;
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.

yes I know. But anyway they didnt inform. And now I have a different sponsor.
Is my 12 months cooling off period over ? As ukba guidance says that cooling off period begins earlier of visa end date or the date I left uk and left job. So I left uk on 1st jan 2014 and my visa was valid till september 2014. And I applied in august 2014 for visit visa to attend my graduation ceremony and my existing tier 2 visa was cancelled with 'Cancelled without prejudice' stamp on it. So I believe it shouldn't be a problem ? What do you think ?

[moonlight55]

Should be fine. You need to provide as much proof as possible to confirm that you left UK in Jan 2014.

[ff88]

Should be fine. You need to provide as much proof as possible to confirm that you left UK in Jan 2014.

The only proof I have is entry stamp on my passport of entering my home country on 1st Jan 2014. Is it enough ?

[moonlight55]

The list mentioned is indicative list. Hence, no one can be sure if one proof is enough or not. HO has to be sure of your return. Maybe someone with similar experience here can comment.

- Can you get a letter from your previous employer that you relocated to your home country on a particular date.
- You will have a ticket copy, do attach that one.
- Did you do an online check-in, maybe you can find the soft copy of boarding pass or some other email.

I'm just thinking aloud!