Found sponser, how to apply visa?

[Charan.Krishna]

Dear All,

I am Charan. Could you please help in my current situation

1. Reached UK in August 12th 2015.
2. Currently holding Tier2 ICT shortterm (1 year visa) . I work for a UK company from an Indian Company.
3. If I go back to India, as per new UKBA rules, I have no cooling period right now. But will have cooling period if I leave to India after November 13th 2015, the day after my 3rd month of entry to UK. //Is my understanding correct?

4. So I have only this 3 month time to find a job here and I found a sponsor here. He is happy to give CoS(Certificate of Sponsorship). He asked me are you applying from India or from here? I am in confusion.

5. My Question:
What is the difference between applying from UK when holding a Tier 2 ICT visa and
applying from India if I go there till holding a Tier2 ICT before November 13th
Can I apply from UK?
My Sponsor will do the advertisements and all.

6. My Universtity is getting 10 points for English language test. So do I need to write IELTS again?

7. What I have to do for the successful completion of my application? I have only one week to reply to my sponsor.


Thanks n regards
Charan

[moonlight55]

1. What was the start and end date on your COS? Only if the duration on your COS is 3 months or less, cool off will not apply. If the duration is more than 3 months in your COS, you will be subject to a cool-off of 12 months even if you return back to India within 3 months.

2. If you are not subject to cool-off (based on above), you will still need to go back and apply for entry clearance visa from India. You cannot do it from within UK.

3. Your sponsor has to conduct the RLMt and assign you a Restricted-COS to enable you to apply for T2 General visa from India.

[Charan.Krishna]

Dear Moonlight,

Thank you for your reply. I have confused...

1. Regarding cooling period,
http://www.workpermit.com/news/2015-04- ... april-2015

this link says, if I return before 3 months, then there is no cooling period. Your answer is conflicting.

2. My Sponsor has not given CoS. But ready to give at any time. He will give me for 1 year or more based on the Tier2 general requirement.

3. According to you, what is the best way without any complexity to switch from Tier2 ICT to Tier 2 general without get punished by this Cooling period?

4. What is the difference between an application from India and application from UK for Tier2 general?

-Charan




Charan.

[CR001]

1. Regarding cooling period,
http://www.workpermit.com/news/2015-04- ... april-2015

this link says, if I return before 3 months, then there is no cooling period. Your answer is conflicting.

Moonlight55 is referring to your current Tier 2 ICT COS and the length of it.

You can't apply for Tier 2 General from Tier 2 ICT while you are in the UK. You have to apply from India for a new entry clearance visa.

[Charan.Krishna]

My current CoS is for an year. So I understand that I am not eligible for any other company other than my current company to work in UK? I finished an HR round in a top company here. So they can't also help?

-Charan

[CR001]

You can work for another employer on a Tier 2 G but you are subject to the cooling off period.

[Charan.Krishna]

Dear CR001,


a) I am physically in UK right now from 2015 August 12 to 2016 August 11 for my current employer

2016 August 12 to 2017 August 11 is my cooling period right?

You can work for another employer on a Tier 2 G but you are subject to the cooling off period.

b) This means that I can physically be in UK and work for another employer from 2017 August 12 onwards only but not immediately ?


-Charan

[CR001]

You can leave the UK at any point if you choose to. You don't have to stay the full duration of your current visa. Not sure how your current employer will view that though as presumably you will need to resign at whichever point you choose to leave the employer. Can you not transfer back to your home country and serve the cooling off period and then apply, assuming your new employer/sponsor will wait?

[Charan.Krishna]

The new employer has given me only 2 months notice period. As per your suggestion, If I go back to suffer cooling period, the new employer should wait almost 2 years from now to consider me. Bad luck.

There is a big rumours that the cooling period have some relaxation right now. But as per this forum post, I think CoS is the villain. I trust this forum.

Charan

[CR001]

If you resign now and leave the UK, it is 12 months from the date you leave the UK that the cooling off period starts counting. Moonlight55 can confirm but as far as I am aware, it is the exit from UK date that triggers the count.

[moonlight55]

Yes, the cool-off period will commence from the day you leave UK (and not from visa expiry date). Do ensure to save the boarding passes, tickets for your record as they may be required to submit when you apply after 12 months.

[Charan.Krishna]

Thank you all. It cleared my doubts. Even though it killed my dreams, I got some relevant information. Thank you very much.


Charan