Applying COS two months before

[mal_pra007]

Hello Dear Experts,
I had returned from UK on 20th November 2014. Now, my company wants me go back to UK for one year.
Due to cooling off period, i can enter UK only after 20th November 2015.

Can i apply for COS now mentioning the date of entry to UK as 20th November 2015? Since applying for COS and visa takes 6 to 8 weeks time, my company wants to apply now and be ready to travel after 20th November 2015.

[mal_pra007]

Hello Dear Experts,
I had left UK on 29th November 2014. Due to cooling off, i will be eligible for entry to UK on 29th November 2015.

Applying for COS and visa will take 8 weeks time. My doubt is

(1) Can i apply for COS now(two months before) and clearly state that the entry date to UK as
29th November 2015? This will enable me to be ready with Visa and enter UK after 29th November 2015.

(2) Is there any rule stating that we cannot even apply for COS before cooling off?

Kindly advise.

Thanks in advance.

[mal_pra007]

Hello Dear Experts,
I had left UK on 29th November 2014. Due to cooling off, i will be eligible for entry to UK on 29th November 2015. My company wants me to be in UK in November 2015 again.

Applying for COS and visa will take 8 weeks time. My doubt is

(1) Can i apply for COS now(two months before) and clearly state that the entry date to UK as
29th November 2015? This will enable me to be ready with Visa and enter UK after 29th November 2015.

(2) Is there any rule stating that we cannot even apply for COS before cooling off?

Kindly advise.

Thanks in advance

[mal_pra007]

Hello Manci/Moonlight,
Request you to kindly reply to my above queries. It is bit urgent.

Thanks in advance.

[manci]

please be patient - there is no need to post the same subject 5 times in one day.

If your previous visa expired your employer has to carry out an RLMT (unless an exemption applies) and following its successful completion apply for a restricted CoS via the SMS. Once their application is approved and the rCos is assigned you can apply for entry clearance.

RLMTs take min. 28 days and restricted CoS applications submitted by the 5th of a month are processed by the 11th of the same month.

[moonlight55]

Just out of curiosity - Which T2 visa category were you in UK earlier and which visa category is your company planning to apply this time round?

[mal_pra007]

please be patient - there is no need to post the same subject 5 times in one day.

If your previous visa expired your employer has to carry out an RLMT (unless an exemption applies) and following its successful completion apply for a restricted CoS via the SMS. Once their application is approved and the rCos is assigned you can apply for entry clearance.

RLMTs take min. 28 days and restricted CoS applications submitted by the 5th of a month are processed by the 11th of the same month.

Hello Manci,
Sorry to have posted this as i did this out of urgency. Thanks for your response.

I was on 'Tier 2 : ICT-Skill Transfer' visa and left UK on 29th November 2014. Now, the same company wants to apply 'Tier 2 : ICT - Short term staff ' visa. Due to cooling off, i cannot enter UK until 29th November 2015.

My doubts are

(1) Does RLMT apply to even my case, as it is 'Tier-2 : ICT Short Term visa?

(2) Can i start applying for COS now(two months before) and clearly state that the entry date to UK as
29th November 2015? This will enable me to be ready with Visa and enter UK after 29th November 2015.

(2) Is there any rule stating that we cannot even apply for COS before cooling off?

Kindly respond.

[moonlight55]

1. RLMT does not apply in your case since it's a T2 ICT visa category.

2. You don't apply for CoS. Your company will generate a CoS and assign it to you. You need to apply for the visa using the CoS number. Your company can provide a start date of 29-Nov in the CoS if they want to, but you will only be able to apply after 29-Nov. The T2 guidance clearly states - "If a migrant has been sponsored under Tier 2 and their leave has ended or expired, they must wait 12 months before applying again under any Tier 2 category".
In that case, you cannot enter UK until few weeks after 29-Nov (until you get your visa). Hence, logically your company may enter a start date sometime in Dec.

3. See above.