Change to Immigration Rules effective 06.04.12

[John]

The type of visa category covered by this section of this board is mentioned in this :-

Written Ministerial Statement

[Ahmed25]

introducing a 'cooling-off period' across all the Tier 2 routes. Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa.

What does that mean? What I got from it, that a tier 2 migrant never settle here permanently because in general tier 2 applicant get 3 year visa initially and than 2 years extension but the above condition says that the candidate will have to wait 12 month before applying for the extension. So, if that is the case, the days outside the UK will more than the required days.

Please comment on this.

[John]

I do not think that is the intention. If you look at the detailed changes .... click here .... and then search for 7.13 , you will see it says :-

7.13 These changes make a number of amendments to the periods of leave to remain granted to Tier 2 Migrants, as follows:
• A maximum period of 6 years in total as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant is being introduced. The various Tier 2 (Intra-Company Transfer) sub-categories are already subject to maximum periods of leave.
• To prevent this maximum period from being undermined, Tier 2 Migrants in any category (including Tier 2 (Intra-Company Transfer)) will not be able to be granted entry clearance to return as a Tier 2 Migrant in any category until at least 12 months after their previous Tier 2 leave expires. Equivalent arrangements in-country will prevent those here in another immigration category from switching into the Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant sub-categories if they have held Tier 2 leave in the last 12 months.

So I think that the 12 month rule is being introduced to reinforce the six year rule, and notice it talks of "entry clearance to return", in other words a visa granted outside the UK.

Other opinions being welcome.

[Greenie]

Yes- this was made clear in the original statement of intent published a few weeks ago. The 12 month cooling off period is for those who do not qualify for ilr as a tier 2 migrant after the maximum 6 years for example due to the new £35 k salary threshold. The migrant will be unable to apply for another tier 2 extension beyond the 6 years from within the UK and to prevent them from circumventing this by simply leaving the UK and applying for entry clearance as a tier 2 migrant straight away he will need to wait for 12 months.

[ssuryawa]

I would like to raise 1 query here: I'm on Tier-2 ICT short term (i.e. for 1 yr). I know that after 1 yr I'll have to go back to India & I won't be able to apply for Tier-2 ICT short term or Tier-2 General for 12 months.

Before these new rules declared on 29th Feb 2012, as per my knowledge it was possible for one (who returns to India after finishing 1 yr on Tier-2 ICT short term visa) to re-apply for Tier-2 ICT long term provided that the salary is more than £40K. Does this rule still stand?