Tier 2 (General) and cooling off period

[ac1608]

Hello -

Does the cooling off period apply to Tier 2 General visas? I previously thought I heard it only applied to ICTs, but now I'm not so sure.

My situation: I'm leaving the employer that currently sponsors my visa and do not currently have a new job lined up. If I can get a new CoS and visa within 60 days, I know that should be fine (I've done this in the past). However, if more than 60 days pass and I'm still not sponsored by a new employer, will I be hit with the 12 month cooling off period? Meaning I can't go on a new Tier 2 visa for 12 months?

Thanks!

[CR001]

12 month cooling off period is not applicable for applications to change sponsors within the UK. It only applies if you leave and apply outside the uk.

You should be aware that a gap of more than 60 days between leaving your current job and submitting a new visa application is likely to result in a refusal of ILR.

[ac1608]

Hi CR001 - thanks very much for the response!

To make sure I understand - let's say my existing visa is curtailed and I do not find a new sponsor within the 60 days. I'd have to leave the UK. Would I then be subject to the cooling off period? (i.e., not able to apply for a new Tier 2 within 12 months)

[CR001]

If you leave the UK at the end of curtailment period yes, you are subject to the 12 month cooling off period. Is that not what I already said??

Note that the 60 days curtailment period is separate and different to the 60 days employment gap which if more than 60 days, could result in refusal of ILR.