Cooling off period - Starts with leaving time or visa expiry

[GopalanB]

Hello All,

I am sure a lot of questions were raised on the cooling off period. However, I could not find a post where this was answered to the point. I still have an active Short term ICT visa. I was at UK for a month in January and my visa gets expired in November'13. I am confused as to go with Tier 2 LT or General.

But again, this question boils down to Cooling off period. I can hold on to this offer till february next year - if the cooling off period started the time i left UK. Else, I have to go with ICT LT Visa before the current visa expires by November. Can you please guide me.

Some facts:
1. Same sponsor
2. Active ICT Tier 2 ST Visa which expires by Nov'13.
3. Not been to UK since Feb'13 on this visa.

Thanks in advance!

Regards,
Gopal

[Jeeves]

Originally it was the date the visa expired that mattered, this was then changed - so now it is the date the applicant left the UK.

The onus is on the applicant to demonstrate when they left.

[GopalanB]

Originally it was the date the visa expired that mattered, this was then changed - so now it is the date the applicant left the UK.

The onus is on the applicant to demonstrate when they left.

Thanks a lot Jeeves. No offence, do we have a UKBA clause which talks about it. Your help is much appreciated.

[Jeeves]

Paragraph 245GB(d & e):

(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, unless paragraph (e) below applies.

(e) Paragraph (d) above does not apply to an applicant who:

(i) was not in the UK with leave as a Tier 2 migrant at any time during the above 12-month period, and provides evidence to show this,

(ii) 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, or

(iii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 75 of Appendix A) of £152,100 or higher.


http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[GopalanB]

Paragraph 245GB(d & e):

(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, unless paragraph (e) below applies.

(e) Paragraph (d) above does not apply to an applicant who:

(i) was not in the UK with leave as a Tier 2 migrant at any time during the above 12-month period, and provides evidence to show this,

(ii) 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, or

(iii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 75 of Appendix A) of £152,100 or higher.


http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Thanks you Jeeves.