12 month cooling off period query

[Khalid_]

Hi,

I am from overseas and I have been offered a job as a research fellow in a UK University. I am currently outside the UK. I have previously held a Tier 2 general visa (which was issued for the period 11/09/2014 – 30/11/2015) and I left the UK in 20 April 2015. The Home Office was informed by my sponsor at the time on 24 March 2015 that I have ceased to be employed by them. Therefore, my leave to remain was curtailed so as to expire on 7 September 2015.

I have called the home office before I leave the UK and they told me that I am not subject to the 12 months cooling off period if I left the UK and applied for another Tier 2 visa from outside the UK. My sponsor thinks that I am still subject to the 12 months cooling off period!

My questions are:
1. Am I really subject to the 12 months cooling off period based on the above information?
2. Can I return back to the UK before 7 September (expiry date after curtailment) and make in-country Tier 2 visa.
3. What other possible solutions to return back to UK and start my employment if I am subject to the cooling off period.

Many thanks,

Khalid

[geriatrix]

1. Yes (245HB(g)), unless your salary is £155,300 or higher.
2. The earliest you can come back is 20-Apr-16 (and that too if you can prove to Home Office about your date of exit). Read the policy guidance.
3. Get a job that pays £155,300 or more, or marry a settled person / British citizen !