Question about cooling off period

[ssc1983]

Hello all,

I went to the UK in May 2010 on a Tier 2 Established staff visa(end date end May). My CoS role was 'Systems Analyst' with a salary of around 35000 GBP.I came back to India end of June -2011, then went to the UK again from October to May (till my tier 2 visa expired).

My company are now planning to send me again, and I was wondering if the cooling-off period applies to me, since I am not very clear on the wordings in 245GB(e)

Thanks

[manci]

Hello all,

I went to the UK in May 2010 on a Tier 2 Established staff visa(end date end May). My CoS role was 'Systems Analyst' with a salary of around 35000 GBP.I came back to India end of June -2011, then went to the UK again from October to May (till my tier 2 visa expired).

My company are now planning to send me again, and I was wondering if the cooling-off period applies to me, since I am not very clear on the wordings in 245GB(e)

According to 245GB(e) since you last had T2 ICT leave under the rules in place before 6 April 2011 you are exempt from the cooling-off period

[VikasBansal]

I want to enquire if I can apply UK Intra company tranfer Tier 2 visa.
My scenio is as follows:
I had a UK Multi tier 2(ICT) Established staff Visa.
Start date 26-07-2010
Expiry date 17-08-2012
I travelled to UK on 25-09-2010 and returned to India on 23-10-2011.
Then visa expires without any travel.
Please let me know if cooling off period is applicable to me.
Is any uk ICT visa can I apply.
I searched the net and found below lines which is not clearly understood by me:
"
(d) 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, unless paragraph (e) below applies.
(e) Paragraph (d) above does not apply to an applicant who is applying under the Long Term Staff sub-category and who has, or last had entry clearance or leave to remain as a Tier 2 (Intra-Company Transfer)
Migrant in the Short Term staff, Graduate Trainee or Skills Transfer sub-categories, or under the Rules in place before 6 April 2011.

[manci]

I want to enquire if I can apply UK Intra company tranfer Tier 2 visa.
My scenio is as follows:
I had a UK Multi tier 2(ICT) Established staff Visa.
Start date 26-07-2010
Expiry date 17-08-2012
I travelled to UK on 25-09-2010 and returned to India on 23-10-2011.
Then visa expires without any travel.
Please let me know if cooling off period is applicable to me.
Is any uk ICT visa can I apply.
I searched the net and found below lines which is not clearly understood by me:
"
(d) 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, unless paragraph (e) below applies.
(e) Paragraph (d) above does not apply to an applicant who is applying under the Long Term Staff sub-category and who has, or last had entry clearance or leave to remain as a Tier 2 (Intra-Company Transfer)
Migrant in the Short Term staff, Graduate Trainee or Skills Transfer sub-categories, or under the Rules in place before 6 April 2011.

You can apply for a T2 ICT Long Term Staff visa without any cooling-off period but only after you have been assigned a CoS. You must also satisfy the other requirements for T2 ICT, e.g. having worked for 12 months for your sponsor overseas immediately preceding the visa application

[VikasBansal]

Hi Manci,

thanks for your answer but your reply contradict you first reply in this post.
i.e..According to 245GB(e) since you last had T2 ICT leave under the rules in place before 6 April 2011 you are exempt from the cooling-off period.

my cos/visa is issued in 2010 which is before 6 april 2011 please clarify on this as well.

thanks...

[manci]

thanks for your answer but your reply contradict you first reply in this post.
i.e..According to 245GB(e) since you last had T2 ICT leave under the rules in place before 6 April 2011 you are exempt from the cooling-off period.

my cos/visa is issued in 2010 which is before 6 april 2011 please clarify on this as well.

You are confusing two requirements:

a) you don't come under the 12 months cooling-off requirement if you apply for entry clearance in the T2 ICT Long Terms Staff category;

b) however, there is also another requirement that you must work for 12 months for a company before they can transfer you to the UK under T2 ICT. You didn't say whether after leaving the UK you continued working for the same company overseas or whether you changed employment. Only in case you changed employment would you have to work for 12 months overseas for the new employer before becoming eligible to return to the UK under T2 ICT.

[VikasBansal]

I have not change/switch my employer, same employer is sending me to uk on a different project.

Rephrasing my question:

A) Do cooling period applies on me as my visa/cos were issued in 2010 ie before april 2011.?

My salary is 32000 pound so i cannoy apply ICT long term and i m looking for short term ICT

VISA start date: 26-07-2010 and End date:17-08-2012
COS Start date: 17-Jul-2010 and End date:17-Jul-12
I travelled to UK on 25-09-2010 and returned to India on 23-10-2011.

Appretiate your quick reply

[manci]

Since you are not going to apply for a visa in the T2 ICT Long Term Staff category the cooling-off period will apply to you. The 12 months is to be counted from the time your previous leave ended which will either the curtailment date, if your previous leave was curtailed or, if not, from 17/08/2012