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Cooling off when applying for ICT LT after ST expiry

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

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magnanimous
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Joined: Fri Jul 31, 2015 2:47 pm

Cooling off when applying for ICT LT after ST expiry

Post by magnanimous » Fri Jul 31, 2015 2:53 pm

Hi All,

I am currently in UK on ICT Short Term which expires in Sep 2015 (I was here in UK majority of the duration). However, I may have to return in Dec for another assignment, for which I am looking to apply for ICT Long Term visa. When I contacted the internal team to ensure this will not be a problem, their response was that I should apply for long term before my short term visa expires, otherwise the cooling off period will begin.

I am a little confused. My understanding is - to apply for a long term ICT visa (not a switch) from India after my current short term visa expires, there is no cooling off period applicable. Isn't that correct? Can someone please guide me. Thanks much!!

Regards,
M

geriatrix
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Re: Cooling off when applying for ICT LT after ST expiry

Post by geriatrix » Fri Jul 31, 2015 3:20 pm

You are right.

Since 245GB(e)(ii) applies, 245GB(d) does not apply.

Note use of "who has, or last had" in 245GB(e)(ii), thereby making no difference whether you apply for EC under LT while your current ST leave is extant or after it has expired.
Life isn't fair, but you can be!

magnanimous
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Posts: 4
Joined: Fri Jul 31, 2015 2:47 pm

Re: Cooling off when applying for ICT LT after ST expiry

Post by magnanimous » Fri Jul 31, 2015 4:13 pm

sushdmehta wrote:You are right.

Since 245GB(e)(ii) applies, 245GB(d) does not apply.

Note use of "who has, or last had" in 245GB(e)(ii), thereby making no difference whether you apply for EC under LT while your current ST leave is extant or after it has expired.
That's a relief! Thanks much for the swift and helpful response :-) cheers

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