Is Cooling off applicable for person who has completed 5 Years in UK in August 2020

[phatakabhijeet]

I was in UK on ICT Tier 2 Visa for 5 Years and moved out of UK in August 2020 after expiry of my Visa.Now as per new Visa ruler Tier 2 General Visa (w.e.f. 1st Jan 2021) will the Cooling off period be applicable to me?

[vinny]

Yes, at the moment.

[phatakabhijeet]

Thanks for your reply. Can you please confirm on below point - If sponsors is ready to sponsor me in January 2021 - then I am eligible to get Tier 2 General Visa or still I need to serve cooling of Period of 1 year.

[vinny]

Cannot confirm. Check the rules at that time again.

[phatakabhijeet]

Thank you.

[vinny]

Explanatory memorandum to the Statement of Changes in Immigration Rules

2.2
....
On the Intra-Company Transfer route changes are being made to the cooling off requirement, the provision for high earners, and the ability of people to move onto the route when already in the UK.
....

7.82
....
The 12-month “cooling off period” and six-year maximum length of stay in the route are being removed. Under Tier 2 (General), these rules required those applying for entry clearance or to switch into the route to have not been in the UK as Tier 2 (General) migrants during the past 12 months, and to spend a maximum of six years in the route. The Skilled Worker route will not restrict when applications can be made or restrict length of stay.

7.93
....
A change is being made to the cooling-off requirement. Previously, the Rules prevented a person re-entering the UK on the Intra-Company Transfer route for 12 months after departing. The Rules are being amended so that applicants are permitted to hold Intra-Company Transfer leave for up to five years in any six- year rolling period (IC 11.2.) or up to nine years in any 10-year period for high earners (IC 11.1.).