Tier 2 COS options without serving Cooling off

[TanmaySeth]

hi ,

Last year i was in Uk on Skill transfer Tier 2 VISA 6 month, as per COS letter
Start date- 18 July 2014
End Date - 17 January 2015
however i came back to India on 27 October 2014.

Question - Now i need to come back again as earlist for 3-4 months in UK with new COS and as per my HR department i got to know that i am under Cooling period so i need to serve cooling off.
Now request you to please advice what all possible options do i have to come back again in UK as nearest?

Many Thanks in Advance

[moonlight55]

Your HR is correct. You will have to serve 12 month cool-off period for any Tier 2 visa category except one. Cool-off will not apply if your company agrees to process a Tier 2 ICT Long term visa. Obviously, there is a minimum salary criteria that applies, so some organisations does not go with this option. Better to discuss with your organisation on the possible options.

[TanmaySeth]

Thanks Moonlight.

I have read somewhere in one of the website cooling off period starts date is when u came back to ur original country & So In my it's not depend on Visa ? Can I go back on 1 Decemeber 2015 ?

[moonlight55]

Yes, cool-off will start from the date of return. You can return in Dec-15 provided you take care of below. The text is from T2 sponsor guidance.

Where the migrant left the UK before their last period of Tier 2 leave expired, the cooling off period can start earlier than the date their leave expired, but only if they can give us evidence of them having not been in the UK with Tier 2 leave for a period before that date. Evidence may include, but is not limited to:
a) travel tickets or boarding card stubs, but only if you, or the migrant’s last sponsor also sent an SMS report at the time, confirming their employment in the UK had ended;
b) exit or entry stamps in the migrant’s passport confirming they were not in the UK;
c) a letter from the migrant’s overseas employer confirming the date they started work overseas, after returning from the UK;
d) other evidence that shows the migrant was not in the UK.

Where evidence is produced and accepted, we calculate the cooling off period to start from the earliest date supported by evidence.