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Cooling of period of Long Term Tier 2 ICT work permit

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

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Meghana
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Joined: Thu Oct 25, 2012 3:40 pm

Cooling of period of Long Term Tier 2 ICT work permit

Post by Meghana » Thu Oct 25, 2012 3:51 pm

I want to enquire if I can apply UK Intra company tranfer Tier 2 visa.
My scenario is as follows:
I had a UK Multi tier 2(ICT) Established staff Visa.
Start date 28-04-2010
Expiry date 26-05-2012
I travelled to UK on 25-05-2010 and returned to India on 23-03-2011.
Then visa expires without any travel.
My company is initiating the Long Term Tier 2 ICT work permit visa,Please let me know if cooling off period is applicable to me.Please note i am still working the same company.

Thanks in advance,

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Oct 25, 2012 4:02 pm

245GB. Requirements for entry clearance
[...]
(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)

Meghana
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Posts: 4
Joined: Thu Oct 25, 2012 3:40 pm

Post by Meghana » Thu Oct 25, 2012 4:25 pm

Thank you Lucapooka.
I did check this section , according to my understanding i can reapply for a new work permit.Is my understanding correct?

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Oct 25, 2012 6:02 pm

Yes.

Meghana
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Joined: Thu Oct 25, 2012 3:40 pm

Post by Meghana » Thu Oct 25, 2012 6:10 pm

Thanks for that confirmation.

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Thu Oct 25, 2012 6:48 pm

Lucapooka is right, the cooling-off period does not apply to you because your previous T2 ICT visa (Established Staff) was issued under the rules in place before 6 April 2011.

For the sake of completeness:

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.

Meghana
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Posts: 4
Joined: Thu Oct 25, 2012 3:40 pm

Thanks a lot manci

Post by Meghana » Fri Oct 26, 2012 4:33 pm

manci wrote:Lucapooka is right, the cooling-off period does not apply to you because your previous T2 ICT visa (Established Staff) was issued under the rules in place before 6 April 2011.

For the sake of completeness:

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.

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