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Tier 2 Cooling off period

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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yogesh gopal
Newly Registered
Posts: 5
Joined: Mon Jan 02, 2017 5:40 am

Tier 2 Cooling off period

Post by yogesh gopal » Mon Jan 02, 2017 5:53 am

I was in Tier 2 General Sponsored work visa in the UK until 2016 December. However, I resigned from my job in May 2016 and left the UK on May 2016 - I'm currently staying in my country (India). Now, I got a new job in the UK with a new employer, ready to sponsor for my Tier 2 visa. But, they said that they cannot do it, as I need to wait for 1-year cooling off period (May 2017), before I can apply for the new Tier 2 visa. But, I cannot wait for 1 year to reapply. The company also does not have branch in India, and hence no ICT is possible I guess. Due to my bad situation, I need to get into this job immediately, I'm wondering if there is any other way / visa (legal), that I can enter into UK and work for my new company ? Can anyone please help ? This is about to change my life ? :(

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 2 Cooling off period

Post by vinny » Mon Jan 02, 2017 8:48 am

Subject to
245HB wrote:(g) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was granted for a period of three months or less, the applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless the applicant:

(i) was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or
(ii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) of £159,600 per year or higher.
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