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Cooling off Period from APR 2017

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

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AvinashProdduturi
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Cooling off Period from APR 2017

Post by AvinashProdduturi » Sat Mar 04, 2017 1:23 pm

I am currently staying in UK on a ICT Short Term VISA which is due to expire on May 1st 2017.

Since the rules are changing from Apr 1st 2017. Am I eligible to return to UK on LT Visa (2+1 Year) without serving the cooling off period?

To be precise, if I go back to my home country in May 2017. Can I come back to UK in Aug 2017 on LT VISA.

Regards,
Avi

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Re: Cooling off Period from APR 2017

Post by CR001 » Sat Mar 04, 2017 1:26 pm

What rules are changing, link please??
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Re: Cooling off Period from APR 2017

Post by AvinashProdduturi » Sat Mar 04, 2017 1:32 pm

Hi,

There are quite a few changing but the concerning one for me is, There will not be any more ICT Short term Visas starting Apr 2017.

Third party weblink removed. Kindly only post links to official HO websites.

So can i comeback on Long Term VISA with out serving the cooling off period.

Regards,
Avi

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Re: Cooling off Period from APR 2017

Post by AvinashProdduturi » Sat Mar 04, 2017 1:52 pm

https://www.gov.uk/government/uploads/s ... idance.pdf

Please refer to Page 8: Short term staff, which states "This route will close on 6 April 2017".

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Re: Cooling off Period from APR 2017

Post by CR001 » Sat Mar 04, 2017 2:05 pm

The ICT short term route will close, doesn't mean 12 month cooling off has changed.

I am not sure if you can go back and apply immediately for an ICT Long term staff visa (assuming you don't actually mean Tier 2 General which does lead to ILR as ICT does not). Will have to look when I have time if there are other recent posts regarding this.
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Re: Cooling off Period from APR 2017

Post by AvinashProdduturi » Sat Mar 04, 2017 2:09 pm

Thanks CR. appreciate your help.

Regards,
Avi

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Re: Cooling off Period from APR 2017

Post by AvinashProdduturi » Sun Mar 05, 2017 12:40 pm

Any pointers so far friends :)

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Re: Cooling off Period from APR 2017

Post by moonlight55 » Sun Mar 05, 2017 9:24 pm

You can apply for ICT Long term visa from your home country without any cool-off period.

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Re: Cooling off Period from APR 2017

Post by Sameershereef » Fri Jul 28, 2017 12:42 pm

Hi guys

Please understand this point

THERE IS NO COOLING OFF PERIOD FOR GENERAL TIER 2 VISA

COOLING OFF PERIOD IS FOR ICT TIER 2 VISA, NOT GENERAL



I lost a couple of opportunities because of the wrong information provided here in the site

So, if you had a job in UK with general tier 2 visa, you left the job early and UK ... Then if you get another job in UK, while you are out of UK,
Still you can go back UK on new tier 2 general visa without the cooling off period of 12 months..

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Re: Cooling off Period from APR 2017

Post by CR001 » Fri Jul 28, 2017 12:46 pm

Sameershereef wrote:Hi guys

Please understand this point

THERE IS NO COOLING OFF PERIOD FOR GENERAL TIER 2 VISA

COOLING OFF PERIOD IS FOR ICT TIER 2 VISA, NOT GENERAL



I lost a couple of opportunities because of the wrong information provided here in the site

So, if you had a job in UK with general tier 2 visa, you left the job early and UK ... Then if you get another job in UK, while you are out of UK,
Still you can go back UK on new tier 2 general visa without the cooling off period of 12 months..
You are wrong. If you leave the UK and make an application for tier 2 with a new sponsor from abroad, the 12 month cooling off applies.
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Re: Cooling off Period from APR 2017

Post by MunishAdya » Fri Dec 01, 2017 4:14 pm

Hi

If I was on Tier 2 general visa and left my job and UK to another job in another country. And now want to come back to UK on Tier 2 General visa, how can I skip the 12 month cooling off period?

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Re: Cooling off Period from APR 2017

Post by CR001 » Fri Dec 01, 2017 5:32 pm

MunishAdya wrote:
Fri Dec 01, 2017 4:14 pm
Hi

If I was on Tier 2 general visa and left my job and UK to another job in another country. And now want to come back to UK on Tier 2 General visa, how can I skip the 12 month cooling off period?
You will be subject to the cooling off period counted from the date you left the UK.
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Re: Cooling off Period from APR 2017

Post by sreddy111 » Sat Dec 02, 2017 12:39 pm

COrr cut me if I am wrong

Cooling off is applicable only for ICT visas

Tier 2 General visa do not attract cooling off

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Re: Cooling off Period from APR 2017

Post by MunishAdya » Sat Dec 02, 2017 1:30 pm

sreddy111 wrote:
Sat Dec 02, 2017 12:39 pm
COrr cut me if I am wrong

Cooling off is applicable only for ICT visas

Tier 2 General visa do not attract cooling off
So confused, everyone has different opinion on this.
The company considering me for the opportunity has checked with their immigration attorney and sent me an provisional offer letter today. But have not briefed me about the cooling off period . I am dropping them an email too but whats the correct opinion as per this forum.

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Re: Cooling off Period from APR 2017

Post by CR001 » Sat Dec 02, 2017 1:32 pm

sreddy111 wrote:
Sat Dec 02, 2017 12:39 pm
COrr cut me if I am wrong

Cooling off is applicable only for ICT visas

Tier 2 General visa do not attract cooling off
You are wrong!! It applies to both Tier 2 visa categories and particularly if applying outside the UK for a tier 2 General again after having one already.
Char (CR001 not Casa)
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Re: Cooling off Period from APR 2017

Post by CR001 » Sat Dec 02, 2017 1:33 pm

MunishAdya wrote:
Sat Dec 02, 2017 1:30 pm
sreddy111 wrote:
Sat Dec 02, 2017 12:39 pm
COrr cut me if I am wrong

Cooling off is applicable only for ICT visas

Tier 2 General visa do not attract cooling off
So confused, everyone has different opinion on this.
The company considering me for the opportunity has checked with their immigration attorney and sent me an provisional offer letter today. But have not briefed me about the cooling off period . I am dropping them an email too but whats the correct opinion as per this forum.
What is the SOC and job title and salary offer?

What date did you leave the UK on tier 2 general?
Char (CR001 not Casa)
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Re: Cooling off Period from APR 2017

Post by MunishAdya » Sat Dec 02, 2017 5:50 pm

CR001 wrote:
Sat Dec 02, 2017 1:33 pm
MunishAdya wrote:
Sat Dec 02, 2017 1:30 pm
sreddy111 wrote:
Sat Dec 02, 2017 12:39 pm
COrr cut me if I am wrong

Cooling off is applicable only for ICT visas

Tier 2 General visa do not attract cooling off
So confused, everyone has different opinion on this.
The company considering me for the opportunity has checked with their immigration attorney and sent me an provisional offer letter today. But have not briefed me about the cooling off period . I am dropping them an email too but whats the correct opinion as per this forum.
What is the SOC and job title and salary offer?

What date did you leave the UK on tier 2 general?
What is the SOC -- wats that?? and job -- title Data Engineer..and salary offer -- cannot disclose at this point
What date did you leave the UK on tier 2 general?
I left UK on 7 July 2017 . I had a tier 2 general 5 year UK visa expiring by 03/06/2020

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Re: Cooling off Period from APR 2017

Post by CR001 » Sun Dec 03, 2017 2:28 pm

MunishAdya wrote:
Sat Dec 02, 2017 5:50 pm
What is the SOC -- wats that?? SOC = Standard Occupation Classification.

What date did you leave the UK on tier 2 general?
I left UK on 7 July 2017 . I had a tier 2 general 5 year UK visa expiring by 03/06/2020
Your Tier 2 would have been cancelled once your sponsor notified HO that you were no longer employed with them. You can reapply for a Tier 2 General on or after 7th July 2018.
It would have been simply to find a sponsor while in the UK and change visas in the UK for a new sponsor.
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Re: Cooling off Period from APR 2017

Post by MunishAdya » Sun Dec 03, 2017 2:39 pm

CR001 wrote:
Sun Dec 03, 2017 2:28 pm
MunishAdya wrote:
Sat Dec 02, 2017 5:50 pm
What is the SOC -- wats that?? SOC = Standard Occupation Classification.

What date did you leave the UK on tier 2 general?
I left UK on 7 July 2017 . I had a tier 2 general 5 year UK visa expiring by 03/06/2020
Your Tier 2 would have been cancelled once your sponsor notified HO that you were no longer employed with them. You can reapply for a Tier 2 General on or after 7th July 2018.
It would have been simply to find a sponsor while in the UK and change visas in the UK for a new sponsor.
Thanks a lot CR001, so in order to skip the cooling off period, the current min salary requirement is 159,600 right?

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Re: Cooling off Period from APR 2017

Post by CR001 » Sun Dec 03, 2017 2:41 pm

MunishAdya wrote:
Sun Dec 03, 2017 2:39 pm
CR001 wrote:
Sun Dec 03, 2017 2:28 pm
MunishAdya wrote:
Sat Dec 02, 2017 5:50 pm
What is the SOC -- wats that?? SOC = Standard Occupation Classification.

What date did you leave the UK on tier 2 general?
I left UK on 7 July 2017 . I had a tier 2 general 5 year UK visa expiring by 03/06/2020
Your Tier 2 would have been cancelled once your sponsor notified HO that you were no longer employed with them. You can reapply for a Tier 2 General on or after 7th July 2018.
It would have been simply to find a sponsor while in the UK and change visas in the UK for a new sponsor.
Thanks a lot CR001, so in order to skip the cooling off period, the current min salary requirement is 159,600 right?
Likely yes or on the shortage occupation list, which your job title does not appear to be.
Char (CR001 not Casa)
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Re: Cooling off Period from APR 2017

Post by MunishAdya » Mon Dec 04, 2017 5:08 pm

CR001 wrote:
Sun Dec 03, 2017 2:41 pm
MunishAdya wrote:
Sun Dec 03, 2017 2:39 pm
CR001 wrote:
Sun Dec 03, 2017 2:28 pm
MunishAdya wrote:
Sat Dec 02, 2017 5:50 pm
What is the SOC -- wats that?? SOC = Standard Occupation Classification.

What date did you leave the UK on tier 2 general?
I left UK on 7 July 2017 . I had a tier 2 general 5 year UK visa expiring by 03/06/2020
Your Tier 2 would have been cancelled once your sponsor notified HO that you were no longer employed with them. You can reapply for a Tier 2 General on or after 7th July 2018.
It would have been simply to find a sponsor while in the UK and change visas in the UK for a new sponsor.
Thanks a lot CR001, so in order to skip the cooling off period, the current min salary requirement is 159,600 right?
Likely yes or on the shortage occupation list, which your job title does not appear to be.
Hi CR001,
one more question, is it possible for that a company offers me 160k in first year to get me onboard and then reduce the salary next year. can the co get into trouble on doing this?

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Re: Cooling off Period from APR 2017

Post by CR001 » Mon Dec 04, 2017 5:23 pm

MunishAdya wrote:
Mon Dec 04, 2017 5:08 pm
Hi CR001,
one more question, is it possible for that a company offers me 160k in first year to get me onboard and then reduce the salary next year. can the co get into trouble on doing this?
Yes, they can lose their license and you are found to be complicit in the deception, you could face a 10 year ban. Highly unlikely that an application for a position they are offering you with such an enormous salary will be approved, HO will see straight through this one.

The salary must be in the region of what is stated on the SOC and for Data Engineer, that would be roughly £32k, a far cry from £160k.

Hardly likely that a Data Engineer will earn that level of salary (i.e. more than the Prime Minister).

I strongly suggest you follow the rules and wait the 12 months cooling off period.
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Re: Cooling off Period from APR 2017

Post by MunishAdya » Mon Dec 04, 2017 5:56 pm

CR001 wrote:
Mon Dec 04, 2017 5:23 pm
MunishAdya wrote:
Mon Dec 04, 2017 5:08 pm
Hi CR001,
one more question, is it possible for that a company offers me 160k in first year to get me onboard and then reduce the salary next year. can the co get into trouble on doing this?
Yes, they can lose their license and you are found to be complicit in the deception, you could face a 10 year ban. Highly unlikely that an application for a position they are offering you with such an enormous salary will be approved, HO will see straight through this one.

The salary must be in the region of what is stated on the SOC and for Data Engineer, that would be roughly £32k, a far cry from £160k.

Hardly likely that a Data Engineer will earn that level of salary (i.e. more than the Prime Minister).

I strongly suggest you follow the rules and wait the 12 months cooling off period.
actually my salary was 120k when i left London.

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Re: Cooling off Period from APR 2017

Post by MunishAdya » Wed Dec 06, 2017 3:19 pm

MunishAdya wrote:
Mon Dec 04, 2017 5:56 pm
CR001 wrote:
Mon Dec 04, 2017 5:23 pm
MunishAdya wrote:
Mon Dec 04, 2017 5:08 pm
Hi CR001,
one more question, is it possible for that a company offers me 160k in first year to get me onboard and then reduce the salary next year. can the co get into trouble on doing this?
Yes, they can lose their license and you are found to be complicit in the deception, you could face a 10 year ban. Highly unlikely that an application for a position they are offering you with such an enormous salary will be approved, HO will see straight through this one.

The salary must be in the region of what is stated on the SOC and for Data Engineer, that would be roughly £32k, a far cry from £160k.

Hardly likely that a Data Engineer will earn that level of salary (i.e. more than the Prime Minister).

I strongly suggest you follow the rules and wait the 12 months cooling off period.
is it possible for the company to get someone on 160k in year 1 and then drop the salary to 120k next year?
will it require them to change visa..

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Re: Cooling off Period from APR 2017

Post by CR001 » Wed Dec 06, 2017 3:23 pm

MunishAdya wrote:
Wed Dec 06, 2017 3:19 pm
is it possible for the company to get someone on 160k in year 1 and then drop the salary to 120k next year?
will it require them to change visa..
It would have to be reported on the SMS system, which will likely trigger an HO investigation/visit/probe/suspension/revocation. This would be called 'deception' and the sponsor could lose their licence and you could face a 10 year ban from the UK, even as a visitor.
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