Applying for UK Tier 2 General Visa in INDIA

[V Naresh]

Hi,

I have a Query regarding applying for UK Tier 2 General Visa in INDIA as below which requires guidance for understanding.

I entered in to UK first time on Tier 2 ICT Short Term visa on Apr 2012 and left UK on Apr 2013. Again entered in to UK on Tier 2 ICT Long term Visa in Jun 2013 and leaving UK in Sep 2014 due to my work contract ends at current company but I still have a Tier 2 ICT Long term visa valid till Jul 2016. Could you please have a look on my queries mentioned below and guide me with your replies.

q1.) Am I eligible to get Tier 2 General Visa in INDIA with out having 12month cooling off period?

q2.)Does 12 month cooling off period apply to me if I want to come to UK for another employer from different sponsor?

q3.)Does 12 month cooling off period apply to me if I want to come to UK for another employer from same sponsor?

q4.)Does 12 month cooling off period apply to me if I want to come to UK for same employer for whom I am working currently from same sponsor?

Thanks in Advance.

Regards
V Naresh

[moonlight55]

Hi,

I have a Query regarding applying for UK Tier 2 General Visa in INDIA as below which requires guidance for understanding.

I entered in to UK first time on Tier 2 ICT Short Term visa on Apr 2012 and left UK on Apr 2013. Again entered in to UK on Tier 2 ICT Long term Visa in Jun 2013 and leaving UK in Sep 2014 due to my work contract ends at current company but I still have a Tier 2 ICT Long term visa valid till Jul 2016. Could you please have a look on my queries mentioned below and guide me with your replies.

q1.) Am I eligible to get Tier 2 General Visa in INDIA with out having 12month cooling off period?
No. You will be subject to the cool-off period

q2.)Does 12 month cooling off period apply to me if I want to come to UK for another employer from different sponsor?
Yes.

q3.)Does 12 month cooling off period apply to me if I want to come to UK for another employer from same sponsor?
yes.

q4.)Does 12 month cooling off period apply to me if I want to come to UK for same employer for whom I am working currently from same sponsor?
Yes. In 2,3,4 the cool-off will apply since you held ICT Long term visa. The best option would be to stay in UK in your existing visa. Try to check with your employer if they can move you to some other project/work.

Thanks in Advance.

Regards
V Naresh

[V Naresh]

Hi moonlight55,

Thanks for your response on my Queries.

I have understand as below from your replies. Please correct me if my understanding is wrong.

So it means that I can not come back to UK immediately from INDIA even though I have a valid UK Tier 2 long term visa valid till 2016 JUL even for the same employer and from the same sponsor. Am I correct?

The Cool-off period will start once after submitting P85 form to UKBA. Am I correct? which means the cool-off period will start immediately after I left UK but not start from the Visa expiry date(i.e JUL 2014) . Am I correct?.

Do I need to submit my BRP CARD to UKBA before I left UK or else are there any documents which I need to submit to UKBA before I left UK? Please guide me on this.

Thanks in Advance for yours replies.

Regards
V Naresh

[moonlight55]

Hi moonlight55,

Thanks for your response on my Queries.

I have understand as below from your replies. Please correct me if my understanding is wrong.
You are using incorrect terminologies. Sponsor/Employer is the same company. I'm assuming when you mean employer, it is one of your client whom you are working for.

So it means that I can not come back to UK immediately from INDIA even though I have a valid UK Tier 2 long term visa valid till 2016 JUL even for the same employer and from the same sponsor. Am I correct?
Let me clarify. The process is - Once you return, your sponsor is required to report it to UKVI within 10 days. Once this process is initiated, you cannot return on the same visa. You will have to apply for a new visa to return to UK. If your sponsor do not report your return, his sponsor licence is at risk.

The Cool-off period will start once after submitting P85 form to UKBA. Am I correct? which means the cool-off period will start immediately after I left UK but not start from the Visa expiry date(i.e JUL 2014) . Am I correct?.
Your cool-off will start the day after you leave UK.

Do I need to submit my BRP CARD to UKBA before I left UK or else are there any documents which I need to submit to UKBA before I left UK? Please guide me on this.
Not required.

Thanks in Advance for yours replies.

Regards
V Naresh

[V Naresh]

Hi moonlight55,

Thanks for your response on my Queries.

Sorry for confusing you with terminologies used by me. sorry for this.

Yes, you are correct on sponsor/employer I mean. please find below about them from my point of view.

Employer: Is client for whom I am working in UK.

Sponsor: Is who transferred me to UK from INDIA.

Thanks for your replies. Your replies makes me to come out from all of my doubts. But I still would like to ask one Question as below which seeks your guidance.

Once after reporting to UKVI about my return to INDIA. If i want to apply a new Tier 2 ICT long term Visa from the same sponsor to same UK employer . Even in this case it is not possible to get Tier 2 ICT long term visa with in a year after i left the UK now. Am i correct?.

Regards
Venkat

[moonlight55]

Yes, you cannot apply ICT long term visa again once you are issued an ICT LT visa before the cool off period. Cool off does not apply from ICT short term to long term, hence you were able to apply for a LT visa for the first time when you went back to India.