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Return on Tier 2 Visa for same Sponsor after resignation from job

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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abhisheklbsim
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Return on Tier 2 Visa for same Sponsor after resignation from job

Post by abhisheklbsim » Mon Jun 04, 2018 4:55 pm

Dear Expert,
I need some inputs for below situation:-

My wife was working in UK on Tier 2 (ICT) visa and she left job in Dec-2017 (though her Tier 2 ICT visa is valid till Jan 2019) as she got job opportunity in Germany. Currently she is working in Germany (as local employee, with EU Blue card). My questions are:-
a. She got another job opportunity in UK with same employer (same sponsor). Whether she can move back to UK now? (just FYI, it is 5 months now since she left UK).
b. If yes, whether she can apply Tier 2 (General) visa or Tier 2 (ICT) visa. In case of ICT visa, is it mandatory to complete 12 months in same company in India before moving to UK?
c. In case any different sponsor is ready to give her a job, is she eligible to get Tier 2 (ICT or General) visa.

Thanks in advance for your response.
Many Thanks,
Abhishek

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zimba
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Re: Return on Tier 2 Visa for same Sponsor after resignation from job

Post by zimba » Mon Jun 04, 2018 5:04 pm

Tier 2 has a cooling off period of 12 months (expect if she is a very high earner). This means she can apply for a fresh visa after 12 months of her leaving the UK when she provides the evidence that she was indeed away for at least 12 months.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

abhisheklbsim
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Re: Return on Tier 2 Visa for same Sponsor after resignation from job

Post by abhisheklbsim » Mon Jun 04, 2018 6:57 pm

Thanks zimba88 for quick response.

Even after completing 12 months cooling off period, is it mandatory to serve 12 months in India before applying Tier 2 ICT visa or she can straigtaway apply ICT visa with new employer after joining?

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CR001
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Re: Return on Tier 2 Visa for same Sponsor after resignation from job

Post by CR001 » Tue Jun 05, 2018 9:57 am

abhisheklbsim wrote:
Mon Jun 04, 2018 6:57 pm
Thanks zimba88 for quick response.

Even after completing 12 months cooling off period, is it mandatory to serve 12 months in India before applying Tier 2 ICT visa or she can straigtaway apply ICT visa with new employer after joining?
ICT without 12 months evidence of working for the home country company is only possible if being offered almost £80k by the UK entity.
Char (CR001 not Casa)
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abhisheklbsim
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Re: Return on Tier 2 Visa for same Sponsor after resignation from job

Post by abhisheklbsim » Thu Jun 07, 2018 12:04 pm

Many thanks CR001 for your respond.

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