Tier 2 ICT - Cooling off new rules

[njkiran]

Hi everyone,

Need your help on few of the queries i have with regards to the changed rules on Tier 2 ICT.

Currently I hold a tier 2 ICT visa stamped on 30 Apr'10 whose validity is till 03-Jun'12. Due to project closure, i would be leaving back to India next week.

In case, following are few queries...

1) Can I apply for extension of visa as the visa is valid till 03rd June or a new visa has to be initiated?
2) Would there be any cooling off period applicable if extension is applied before it gets expired?

Request you to provide your valuable feedback as it is very critical at the moment that i have to leave the country next week.

Thanks & Regards,
njkiran.

[manci]

You could only apply for an extension if your sponsor/employer assigns a new CoS to you but in view of what you said ("project closure") this seems unlikely.

If your visa was issued on 30/04/2010 you are likely to be Tier 2 ICT Established Staff and as such you are allowed to switch to Tier 2 General in-country but it would mean finding another employer who is prepared to sponsor you.

If your leave the UK on expiry of your current leave the 12 months cooling off period will apply.

[njkiran]

Hi Manci,

Thanks a lot for the information!!!

Regarding the "project closure", I still work for the same employer who can sponsor me. The term project closure is that the client for whom i work might change for my return.

In this case, can i get the visa extension with a new COS and the cooling off doesn't apply?

I have seen in one of the articles that the cooling off is applied for visas stamped only 6th apr 2011. Is this true?

Also, as I'm applying for an extension before my leave expires and from outside UK would still the cool off is applicable.

Thanks for details!!

[manci]

Once you have your new CoS, and before your current leave expires, you can apply for the extension of your leave to remain from within the UK. This is a straightforward process. I don't think you can apply from India (but let others comment or ask the visa application centre in India).

However, if you let your current leave expire and apply for entry clearance from India then this will be a new application and the cooling-off period will apply. See Immigration Rules 245HB:
(g) 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, regardless of whether he was in the UK during that time.

[manci]

Correction: the relevant Immigration Rules reference for T2 ICT is 245GB (d)
(the words are the same as quoted above).