Employer ready to Sponsor - Does cooling off apply?

[mal_pra007]

Hello Experts,
I had returned back from UK on 29th of November through company x. One new employer from UK is in urgent need of my skills and is ready to sponsor my visa.

Request the experts in this forum to clarify my doubts

(1) My offered salary is more than 42,000 GBP. Am i eligible for Tier 2 - General Visa?

(2) Does 12 month cooling period is applicable in my case even though my offered sal is more than 42,000 GBP.

Thanks in advnace.

Regards,
Kumar

[moonlight55]

Which visa you were holding when you were in UK? The answer depends on that.

[mal_pra007]

Hello moonlight55,
Many Thanks for your response.

I was on 'ICT - Short Term Skill Transfer' visa( I joined company x in June 2014 and i am not eligible for long-term visa). My visa is valid until March 2015. Since my assignment was over, i have returned back on 29th November.

Request your reply on this.

[moonlight55]

Seems you will be subject to the cool-off period of 12 months from the day you left UK. The only cases where cool off does not apply is mentioned in the sponsor guidance. I've copied the text below:


39.32 The cooling off period does not apply where the migrant is:
a) in the UK and applying for an extension to their existing leave
b) in the UK and is making a change of employment application
c) applying as a high earner – someone whose gross salary package accepted for a Tier 2 application is £153,500 or higher
d) applying under the Tier 2 (ICT- Long-Term Staff) route and their last grant of Tier 2 leave was as an intra-company transfer migrant under the rules in place before 6 April 2011, or in one of the following intra-company transfer categories:
 Skills Transfer
 Graduate Trainee
 Short-Term Staff.