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Way around Tier 2 cooling off period ?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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morgoth_melkor
Newly Registered
Posts: 1
Joined: Fri Oct 09, 2015 3:51 pm

Way around Tier 2 cooling off period ?

Post by morgoth_melkor » Fri Oct 09, 2015 4:11 pm

Hi All,

Can you please advise me regarding my situation ? I was working in UK on Tier-2 visa and was made redundant on 30th of June. I subsequently got offer from a company in the UK but they were unable to provide me with a CoS before the 60 day period expired. I returned to my home country before the 60 days had passed. I have applied for a Visa (from my home country) based on the CoS the employers provided but my application was rejected saying there is a 12 month cooling off period.

I have seen the following articles on the internet which say the following

"It will be possible for companies to bring in a foreign national initially on a short-term TIER 2 (Intra-Company Transfer [ICT]) visa for less than 3 months and then, while the employee is already legally working in the UK, prepare the more lengthy process for a TIER 2 (General) Certificate of Sponsorship (CoS) and visa."

https://pro-linkglobal.com/united-kingd ... signments/

http://www.workpermit.com/news/2015-04- ... om-6-april

Can you please advise if I can request my sponsors to apply for a short-term visa to come to UK ? Will I be able to then apply for a long term visa once I get to UK on this short term visa ?

Thanks in advance for your suggestions and advice.

moonlight55
Diamond Member
Posts: 1159
Joined: Wed Feb 23, 2011 1:42 pm

Re: Way around Tier 2 cooling off period ?

Post by moonlight55 » Fri Oct 09, 2015 8:58 pm

1. For applying for a ICT visa, you should be working for the company for atleast 12 months outside UK.
2. You will be subject to a cool-off of 12 months before you can apply under any Tier 2 visa category.

sattu123
Newly Registered
Posts: 1
Joined: Fri Oct 09, 2015 10:07 pm

Re: Way around Tier 2 cooling off period ?

Post by sattu123 » Fri Oct 09, 2015 11:07 pm

Hello
Can you pls provide guidance on below queries

Situation - I am completing 5 yrs on ICT Visa and wish to become depepant on my wife's t2-General visa.

Question
1. If i stay as dependant in Uk during this "cooling off" period, will I will be able to apply T2 general or ICT for myself at the end of one year as dependant ( provided CoS is there)
2. I answer to above question differes if on my dependant visa, If I work or Do not work


Basically i want to check if my stay as dependant in Uk affects my cooling off period.

thanks in advance.

moonlight55
Diamond Member
Posts: 1159
Joined: Wed Feb 23, 2011 1:42 pm

Re: Way around Tier 2 cooling off period ?

Post by moonlight55 » Sat Oct 10, 2015 1:48 pm

1. Yes, you can do that. However, you will have to apply for entry clearance visa from your home country.
2. NA.

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