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need help about cooling-off period

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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velet
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need help about cooling-off period

Post by velet » Thu Sep 10, 2015 4:17 pm

Hi All,
I have currently on a Tier2 ICT Short Term Visa valid from 09-Feb-15 to 21-Jan-16, my CoS being valid from 26-Jan-15 to 27-Apr-15. I've started to work in UK on 12-Mar-15 and I've return to my country at 18-Jun-15.

Actually I have got another job offer and would like to come back on Tier2 General visa. Should I wait for 12 months which called as "cooling-off period" in order to apply Tier2 General visa? or Can I apply for it immediately?

Thanks
Safa

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CR001
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Re: need help about cooling-off period

Post by CR001 » Thu Sep 10, 2015 4:22 pm

You will need to wait the 12 months cooling off period.

You will only be able to make an application from 19th June 2016 for a Tier 2 General. It is 12 months from the date you left the UK. Make sure you have proof of your departure.
Char (CR001 not Casa)
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velet
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Re: need help about cooling-off period

Post by velet » Thu Sep 10, 2015 4:31 pm

Does following new rule that published on april 2015 means to give me possiblity to apply Tier 2 General without cooling-off period? As, my CoS is assigned for 3monhts.

Where you were assigned a Certificate of Sponsorship of threemonths or less in the preceding 12 month period, and had no other Tier 2 leave during that period, the cooling-off period will not apply.

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CR001
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Re: need help about cooling-off period

Post by CR001 » Thu Sep 10, 2015 5:20 pm

You said :
Tier2 ICT Short Term Visa valid from 09-Feb-15 to 21-Jan-16
How can you have a visa valid for a period where you don't have a valid COS?

Then you said :
my CoS being valid from 26-Jan-15 to 27-Apr-15
Your COS seems to be valid for 1 day over 3 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.

velet
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Re: need help about cooling-off period

Post by velet » Thu Sep 10, 2015 5:54 pm

yes,actually I'm confused why I have 91days CoS and why almost 1 year visa..

What do you think is it something negotiable with UK home office If they agree 91 days as 3months and if they aggree to proceed without cooling-off period to apply Tier 2 General? or will they directly reject my request?

Thanks for your help

moonlight55
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Re: need help about cooling-off period

Post by moonlight55 » Thu Sep 10, 2015 8:38 pm

Yes, something is not right. Either the CoS is incorrect OR the visa. I have a feeling you are mentioning the COS validity dates and not the actual work dates mentioned in the CoS. Please verify again.

To add, you have spent more than 3 months in UK on your previous visa. Does not make your case strong.

velet
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Re: need help about cooling-off period

Post by velet » Thu Sep 10, 2015 9:42 pm

Exactly, I can verify that I've mentioned above CoS validity dates. Work dates into CoS document seems also different dates which seems as work start date: 23 Feb 2015 and end date is 22 Dec 2015...

Honestly, I'm not clear what is exact criteria they are looking for cooling-off period exemption.. here is only section that I can find on UK home office web site. According to new rule, can you explain me normally what's the criteria they check for cooling-off exemption?

The waiver of the Tier 2 cooling-off period for Certificates of Sponsorship granted for stays of under than three months provides additional flexibility for businesses looking to transfer key staff for short periods of time.
The cooling off period does not apply where you were only in the UK as a Tier 2 migrant during the last 12 months for a short period(s) with a Certificate of Sponsorship which was assigned for three months or fewer.
For instance:
a.
Where you were assigned a Certificate of Sponsorship of three months or less in the
preceding 12 month period, and had no other Tier 2 leave during that period, the cooling-off period will not apply.
b.
Where you have had more than one period of Tier 2 leave in the last 12 months and each Certificate of Sponsorship was assigned for less than three months, even where they may total over three months, the cooling-off period will not apply. It is the intention that this waiver permits only short term periods of leave in the UK. If you intend to work in the UK for longer than
three months, you should ensure that your sponsor applies for the appropriate length Certificate of Sponsorship.
c.
Where you were assigned a Certificate of Sponsorship of six months in length but we were notified by your sponsor that you ceased working in the UK after two months, the cooling-off period will apply (as the Certificate of Sponsorship was assigned for more than three months).


If CoS validity dates is only important criteria, maybe they can accept also 91days as 3 months. So I can apply directly Tier 2 General.

moonlight55
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Re: need help about cooling-off period

Post by moonlight55 » Thu Sep 10, 2015 9:56 pm

It's clear now. COS validity dates is the duration within which you need to "apply" for the Tier 2 visa. If you don't apply within this period, the COS will expire and you will need a new COS.

When UKVI talks about COS "assigned" duration, it means the work start and end dates. In your case, the COS assigned duration was from 23-Feb to 22-Dec and hence you got the visa accordingly.

To summarise, you will be subject to a cool-off of 12 months since your COS was assigned for more than 3 months.

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