Query - Tier 2 (Established Staff) VISA Cooling off Period

[ilr16]

I had applied for Tier 2 VISA (from India) in March 2011. I received the Tier 2 (Established Staff) VISA on 12/04/2011
(Visa Valid from 12-Apr-2011 to 10-Apr-2014).

I left the UK on 8th April 2014 as my role in UK came to an end.


I am now back in India (10th April '14 to Present).

I heard the cooling off period rule came into existance from 6th April 2011. Can I re-apply for a Tier 2 ICT VISA now or will the cooling off period (1 year) apply to me. (My previous visa application was aubmitted before 6th April 2011)

Any assistance would be of great help. Thanks.

Hi Nv032,

Can you please confirm if you were able to apply for visa or you had to wait for 1 year cooling off period?

Thanks,
ILR16

[CR001]

I had applied for Tier 2 VISA (from India) in March 2011. I received the Tier 2 (Established Staff) VISA on 12/04/2011
(Visa Valid from 12-Apr-2011 to 10-Apr-2014).

I left the UK on 8th April 2014 as my role in UK came to an end.


I am now back in India (10th April '14 to Present).

I heard the cooling off period rule came into existance from 6th April 2011. Can I re-apply for a Tier 2 ICT VISA now or will the cooling off period (1 year) apply to me. (My previous visa application was aubmitted before 6th April 2011)

Any assistance would be of great help. Thanks.

Hi Nv032,

Can you please confirm if you were able to apply for visa or you had to wait for 1 year cooling off period?

Thanks,
ILR16

You have posted in a topic/thread that is almost two years old. The OP has not logged into the forum since 1st September 2014. I doubt he will respond.

[ilr16]

Thanks CR001. Can you or Manci please confirm if cooling off period applies for Tier 2 ICT Established visa issued in November 2010 or new Tier 2 ICT Long Term visa can be applied immediately after going back to home country?

[ilr16]

Hi Manci,

Can you please help with the query?

Thanks,
Ilr16

[poper]

Hi mate

Refer to points d) and e) under 245GB in

https://www.gov.uk/guidance/immigration ... sed-system

[ilr16]

Hi Poper,

Thanks a lot for your response. I went through section 245GB. So does that mean,

1) There is no 12 months cooling off period for Tier 2 ICT visa issued before April 2011 as per 245GB e (ii) ?

2) Once the Tier 2 ICT visa (issued before April 2011) expires in UK, the applicant can go back to home country and reapply for new Tier 2 ICT visa immediately without serving any cooling off period?

Regards,
Ilr16

[poper]

Hi Poper,

Thanks a lot for your response. I went through section 245GB. So does that mean,

1) There is no 12 months cooling off period for Tier 2 ICT visa issued before April 2011 as per 245GB e (ii) ?
yes
2) Once the Tier 2 ICT visa (issued before April 2011) expires in UK, the applicant can go back to home country and reapply for new Tier 2 ICT visa immediately without serving any cooling off period?
yes, provided applying for the same sponsor
Regards,
Ilr16

[ilr16]

Hi Poper,

Thanks a lot for your reply. I have one more final query please -

My Tier 2 Established staff visa was issued in November 2010 and I am extending my visa in UK since then. Its going to expire in next couple of months & I might not get another extension in UK.I have to travel back to my home country in such case. I am planning to apply for fresh Tier 2 ICT Long Term immediately after travelling back to my home country. As I understand I can apply for fresh Tier 2 ICT long visa without the cooling off period. Is there any minimum salary threshold which I need to get to be able to apply for Tier 2 ICT Long term visa for 5 years?

Thanks,
ILR16

[poper]

yes, as you apply for a fresh entry clearance the transitional rules(for Established Staff visa) will no longer apply.
The major implications which I think would be are:
1.The job should be of NQF level 6(For Established staff, the requirement was only NQF level 3)
2.Your pay should be >= £41,500 excluding variable bonus/incentives
3.You cannot extend your visa beyond 5 yrs provided you earn more than £155,300(I think this is expected to be reduced to £120,000 in April 2017). With Established Staff visa, there is no time limit for in country extensions
4. You cannot switch your job while in the UK(you could switch jobs/visa while you were on Established Staff)
5.Looking at your user id, it appears you are an aspirant for ILR so plan well if you intend to apply for ILR through Long Residence( 10 years of lawful stay).

[ilr16]

Hi Poper,

Thanks once again for the detailed information. You are absolutely right, I am planning for ILR based on 10 years long term residency.

I know there is no limit on my in-country extensions but the bitter truth is it will be every difficult to get extension for 10 years due to various internal company policies. Hence, I am planning to go back to home country and immeditely apply for fresh Tier 2 ICT Long Term visa for 5 years. In such case, my continous residence won't be broken and this will cover my 10 years in UK since I initially came to UK in November 2010 and hopefully I can file for my ILR

What do you say...does that sounds like a plan or do I need to be mindful of anything else?

Thanks,
ILR16

[poper]

I think you should be fine if you enter the UK with a break less than 6 months(provided you leave the country with a valid leave which I think you would)
Me too on Established Staff visa and due for ILR in Sep 2020
I hope you are aware of Immigration health surcharge & Immigration Skills surcharge that would come into picture shortly and could possibly put off a few employers from sponsoring ICT visa.
With immigration rules being tightened up every year we cannot predict the situation in 2020 .

[ilr16]

Hi Poper,

Nice to know you are also in the same boat as me Yes, I am aware of the NHS and skill charges being introduced for new ICT applications.

All I can hope is that the 10 years long residence route is still there in 2020

Thanks,
ILR16

[ilr16]

Hi Poper,

If you don't mind, can I ask you if you are you planning to continue extending your current T2 ICT Established staff visa and apply on 10 years long residence? Just checking to see if there are other suitable options/routes?

Thanks,
Ilr16

[poper]

Hi mate

Given a choice I would like to.
The only other option is to switch to Tier 2 General. Given the complications around finding a sponsor, I am continuing on Tier 2 ICT atm