Old employer -> new employer questions

1o1o1 · Post by **1o1o1** » Fri Oct 26, 2012 4:50 pm

Hi all,

My current employment will terminate on November 23 2012. After this, I will be travelling outside the UK November 29 - December 12 and December 22 - 27. I plan to fly to Canada (where I am from) on December 27 to apply for a Tier 2 from there with my new employer.

My questions are, will I run into trouble upon on my entry back into the UK on December 12 and 27 and what documents should I provide to the immigration officer upon my return?

Any help would be greatly appreciated.

Post by **Lucapooka** » Fri Oct 26, 2012 4:52 pm

1o1o1 wrote:I plan to fly to Canada (where I am from) on December 27 to apply for a Tier 2 from there with my new employer.

Are you sure that you are not subject to a 12 month cooling off period with regard to a new T2 entry clearance application?

1o1o1 · Post by **1o1o1** » Fri Oct 26, 2012 5:09 pm

[quote="Lucapooka"][quote="1o1o1"]I plan to fly to Canada (where I am from) on December 27 to apply for a Tier 2 from there with my new employer.[/quote]
Are you sure that you are not subject to a 12 month cooling off period with regard to a new T2 entry clearance application?[/quote]

I am currently on a T2 General, not ICT and I entered the country before April 2011... please correct me if I am wrong but I do not think I am subject to it from what I have read?

Post by **manci** » Fri Oct 26, 2012 6:39 pm

1o1o1 wrote:
Lucapooka wrote:
1o1o1 wrote:I plan to fly to Canada (where I am from) on December 27 to apply for a Tier 2 from there with my new employer.
Are you sure that you are not subject to a 12 month cooling off period with regard to a new T2 entry clearance application?

1o1o1 wrote:[
I am currently on a T2 General, not ICT and I entered the country before April 2011... please correct me if I am wrong but I do not think I am subject to it from what I have read?

The exemption you refer to only applies to T2 ICT. If your current leave is T2G the cooling-off period will apply if you seek entry clearance from abroad. See Immigration Rule 245HB(g).

1o1o1 · Post by **1o1o1** » Fri Oct 26, 2012 11:28 pm

manci wrote:
1o1o1 wrote:
Lucapooka wrote:
1o1o1 wrote:I plan to fly to Canada (where I am from) on December 27 to apply for a Tier 2 from there with my new employer.
Are you sure that you are not subject to a 12 month cooling off period with regard to a new T2 entry clearance application?

1o1o1 wrote:[
I am currently on a T2 General, not ICT and I entered the country before April 2011... please correct me if I am wrong but I do not think I am subject to it from what I have read?
The exemption you refer to only applies to T2 ICT. If your current leave is T2G the cooling-off period will apply if you seek entry clearance from abroad. See Immigration Rule 245HB(g).

Thank you for flagging this, this is a huge issue I was unaware of. Is there any way I can keep my travel plans and apply from the UK upon my return either in between December 12 - 22 or in the new year (assuming I can get a PEO appointment) even though my employment will be terminated on November 23?

Post by **geriatrix** » Sat Oct 27, 2012 12:09 am

When does your current leave expire?

1o1o1 · Post by **1o1o1** » Sat Oct 27, 2012 11:47 am

[quote="sushdmehta"]When does your current leave expire?[/quote]

My current visa expires May 2014 but my last day at my company will likely be November 23. So I guess 28 days after that?

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Old employer -> new employer questions

Old employer -> new employer questions