Cool off period still exists for Skilled worker Visa after spending 5 years on Tier 2 ICT in UK !!

[shobhitsri]

Hi there,

Even after 6 months of new rules for Skilled worker Visa rules I am still in doubt about it because of some random guy in a new organisation.

I were in UK for 5 years (first- short term Tier 2 ICT Visa from May'15 to Apr'16 and second- long term Tier 2 ICT Visa from Jun'16 to May'20) and after May'20 as it was restriction on flights due to COVID19 so got 2 months extension by UK Home Office itself so finally left the UK on last day of July'20.

And now I am getting again an opportunity for UK and this time on Skilled worker VISA. I am excited as there is no cool off period though I am in 11 month of that time limit (cool off).

But one of the immigration advisor from that company told me that because I have spent whole 5 years on TIER 2 ICT so I have to wait until completion of 1 year (as cool off period).

He further explains:-

That cool off thing is abolished only in case of TIER 2 ICT to Skilled worked VISA conversion while you are in UK and your employer still wants you on job

OR

If you were in the UK for less than 5 years on Tier 2 ICT and now you are offered a job on Skilled worker Visa route so no cool off is required.

I did not find anything like that anywhere on GOV.UK website and having a lot of confusion about it.

Can you please help me out to understand/verify this case?

Best Regards.

[manci]

But one of the immigration advisor from that company told me that because I have spent whole 5 years on TIER 2 ICT so I have to wait until completion of 1 year (as cool off period).

You have been incorrectly advised. There is no longer a cooling-off period. Ask the immigration advisor of the company to point out the rule s/he had in mind.

[manci]

There is a rule that if an applicant is not a high earner, a grant of permission must not lead to the applicant being granted cumulative periods of permission in the Intra-Company routes totalling more than 5 years in any 6-year period. However, as you will be applying for entry clearance on the Skilled Worker route this is not relevant to you.

[shobhitsri]

Thanks manci ! For your reply and making this crystal clear to me.

Just this morning I got another email from that guy. I am attaching here the key wordings: -

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"The cooling off period for ICT Visa holders has also been amended to simplify the rules for those wishing to remain in the UK.
Under the new rules, ICT visa holders are now eligible to apply to switch into the skilled worker route , provided they meet the eligibility criteria.
This includes a restriction that Intra Company Transfer visa holders cannot have held an Intra Company Transfer visa (or a combination of Tier 2 (ICT) and Intra Company Transfer visa) for longer than five years in any six-year period, or nine years in any 10-year period if their salary is £73,900 or above.
In practical terms, the ICT cooling off period will then only apply after five (or nine) years."

https://www.gov.uk/intracompany-transfer-worker-visa
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I believe this quotes are for TIER 2 ICT to another ICT routes and not for skilled worker route as you stated in your second reply.

Can you please further elaborate to me?

Best Regards.

[manci]

There is nothing to elaborate. As you will be applying for a Skilled Worker visa the rules about ICT are irrelevant.

[shobhitsri]

Thank you very much manci!

[shobhitsri]

Hi there,

Thanks again for the advise for cool off period.

There is an another detail has come from that immigration advisor from my future employer that we must have a proof which stats that my wife and I are having the same address other than "Marriage Certificate" like any joint bank account statement, Utility bill or driving license.

I have filled the application and paid the fees but now he has come up with this details. I asked him before filling the application for any specific detail I would need along my application but he didn't say anything.

I am confused why these details are required now, when I had VISA two times in past (Tier 2 ICT) with family.

For that VISAs I gave just marriage certificate and that's it.

My wife and I have two separate bank account from two different banks having the same address,

We both have our National ID card (Aadhar Card in India) and Passport having the same address,

Are these above three ok as evidence of living together other than marriage certificate ?

Need your guidance on this, please help.

Thanks in advance.

[manci]

There is an another detail has come from that immigration advisor from my future employer that we must have a proof which stats that my wife and I are having the same address other than other than "Marriage Certificate" like any joint bank account statement, Utility bill or driving license.

Refer the immigration advisor to this document and the quotes from p15 below:
https://assets.publishing.service.gov.u ... s-v1.0.pdf

Relationship with the lead applicant

Dependent partners must be able to prove the relationship with the lead applicant,

Marriage certificates and Civil Partnership certificates can be used to demonstrate
proof of relationship,

If a dependent partner has previously been granted permission as a dependant of
the lead applicant, they do not need to provide this evidence again.