Cancelling Tier 2 Visa before entering UK

[nicdorez1]

Hello All,

I currently have a Tier 2 (General) visa sponsored by Company A starting in January 2013. However I also received an offer from Company B and want to switch to Company B. Since it start in January, I have not made any entry to UK using my Tier 2 (General) visa yet.

I have asked a lawyer and he mentioned that:
-If I do not make an entry with the current visa and cancel my contract with Company A, I will not be affected by 12 months cooling off period.
-According to him, I can cancel the current visa and apply a new Tier 2 Visa in my home country.

What would be your thoughts about such process; is it feasible to cancel a Tier 2 visa and get a new one, if so what is the procedure?

I would be happy if you would share your experiences.

Thanks in advance

[manci]

Immigration Rule 245HB(g)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[nicdorez1]

Immigration Rule 245HB(g)
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

(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, unless the applicant was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this.


Hello Manci,

Thank you very much for your response.

I have read that rule but I am not so clear about it.
So does that, mean as long as I do not make entry to UK with the old Tier 2 visa, I can get a new Tier 2 visa under another sponsorship?

[manci]

I have read that rule but I am not so clear about it.
So does that, mean as long as I do not make entry to UK with the old Tier 2 visa, I can get a new Tier 2 visa under another sponsorship?

yes, that is what it says.
Fyi - this rule only came into effect on 13 December and it is tailor made for your situation. Under the previous rule once you had entry clearance under T2 you would have been subject to the 12 month cooling-off period regardless of whether you have been in the UK or not.

[nicdorez1]

I have read that rule but I am not so clear about it.
So does that, mean as long as I do not make entry to UK with the old Tier 2 visa, I can get a new Tier 2 visa under another sponsorship?

yes, that is what it says.
Fyi - this rule only came into effect on 13 December and it is tailor made for your situation. Under the previous rule once you had entry clearance under T2 you would have been subject to the 12 month cooling-off period regardless of whether you have been in the UK or not.

Thank you very much Manci for your response.
Another question; I got my visa on 5th December but as I mentioned it is valid from January 2013. So the changes on 13 December also applies to my case and I can still get a new Tier 2 visa?

Thank you, merry christmas.

[manci]

I have read that rule but I am not so clear about it.
So does that, mean as long as I do not make entry to UK with the old Tier 2 visa, I can get a new Tier 2 visa under another sponsorship?

yes, that is what it says.
Fyi - this rule only came into effect on 13 December and it is tailor made for your situation. Under the previous rule once you had entry clearance under T2 you would have been subject to the 12 month cooling-off period regardless of whether you have been in the UK or not.

Thank you very much Manci for your response.
Another question; I got my visa on 5th December but as I mentioned it is valid from January 2013. So the changes on 13 December also applies to my case and I can still get a new Tier 2 visa? Yes, because your new entry clearance application will be under the post 13 December rules
Thank you, merry christmas.