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VISA Tier 2 (ICT) MIGRANT - Does Cooling-Off Period apply???

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

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MIndia
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Posts: 2
Joined: Mon Nov 05, 2012 2:49 pm
Location: Bangalore

VISA Tier 2 (ICT) MIGRANT - Does Cooling-Off Period apply???

Post by MIndia » Mon Nov 05, 2012 2:58 pm

Hi Guys

My Question

Visa - VISA Tier 2 (ICT) MIGRANT
Validity - 30-Dec-2009 to 18-Jan-2013

Travel to UK - 10-Jan-2010
Last Return from UK - 20 May 2010

I still work for the same company
My COS was cancelled as the Company Policy States - Visa to be cancelled if not used for an Active Project
COS cancellation was done on 03 Jan 2012
I do not know my Curtailment date if any.

Is Cooling Off period applicable to me?
From what I understand reading previous Posts - This might not be applicable to me since this is before 11 April 2011.

and based on

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)

Migrant in the Short Term staff, Graduate Trainee or Skills Transfer sub-categories, or under the Rules in place before 6 April 2011.

Would Appreciate a Quick reply and Pointers - I need to share this reply with the Travel team.

Thanks in Advance for your responses.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Thu Nov 08, 2012 8:00 am

The answer is in 245GB that you quoted.

If you apply for entry clearance in the T2 ICT Long Term Staff category then you are not subject to cooling-off.

MIndia
Newly Registered
Posts: 2
Joined: Mon Nov 05, 2012 2:49 pm
Location: Bangalore

Post by MIndia » Thu Nov 08, 2012 8:46 am

Thanks a Ton Manci. Your Response is much appreciated.
manci wrote:The answer is in 245GB that you quoted.

If you apply for entry clearance in the T2 ICT Long Term Staff category then you are not subject to cooling-off.

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