UK TIER2 VISA COOLING OFF PERIOD

[Ramuar22]

HI All,

Can anyone help me out .I am really confused.

I am having tier2 (ICT) UK visa issued on April 2010 by my previous employer and expired on April 6th 2012.I traveled to UK by April 6th and returned back from UK to India by June end (3 Months).

I have moved to a new employer.My new employer is ready to send me to UK ON TIER2(ICT).Since my previous visa expired on April 6th 2012 .Will cooling period of 12 months apply in my case?

[manci]

No, the cooling-off period does not apply to you because you last had leave under the rules in place before 6 April 2011. See Immigration Rules 245GB(e).

Remember, you must have been working for your organisation for at least 12 months directly prior to the transfer to be eligible for ICT.

[Ramuar22]

Thanks Manci for the update.
I am there with my current employer for more than 12 months.

I am confused with the below statements

245GB(D):leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application,regardless of whether he was in the UK during that time

245GB(E):last had entry clearance or leave to remain as a Tier 2 (Intra-Company Transfer)

Question:After coming back to India by July 2010 as per 245GB(D) I will be still leave to remain as a Tier 2 Migrant ??.What this statement means?

[manci]

Thanks Manci for the update.
I am there with my current employer for more than 12 months.

I am confused with the below statements

245GB(D):leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application,regardless of whether he was in the UK during that time unless paragraph (e) below applies

245GB(E):last had entry clearance or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant..... under the rules in place before 6 April 2011

Question:After coming back to India by July 2010 as per 245GB(D) I will be still leave to remain as a Tier 2 Migrant ??.What this statement means? you last had leave under the Rules in place before 6 April 2011 as you were granted leave in April 2010 (which expired in April 2012)

[Ramuar22]

Thanks for the update Manci.

I checked with my immigration team.He says it may be a old rule.

Has this section been changed after April 2012?

[manci]

I checked with my immigration team.He says it may be a old rule.

Has this section been changed after April 2012?

You and your "immigration team" can check it here:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[viv19]

[quote="manci"][quote="Ramuar22"]
I checked with my immigration team.He says it may be a old rule.

Has this section been changed after April 2012?[/quote]
You and your "immigration team" can check it here:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/[/quote][quote]

I have a similar case. Please let me know the end result[/quote]

[manci]

You can also check it here:
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

[Ramuar22]

Thanks Manci for the information.

Immigration team is asking for the leave curtailment document from British Embassy.My current employer wants the confirmation that my previous sponsors has complied with their duties and reported the migrant’s departure to British embassy and when was my permission has been curtailed.

Can you help me on this?

Can you give me the mail id to contact on this subject.

[manci]

Immigration team is asking for the leave curtailment document from British Embassy.My current employer wants the confirmation that my previous sponsors has complied with their duties and reported the migrant’s departure to British embassy and when was my permission has been curtailed.

You arrived in the UK in April 2010 as a Tier 2 ICT migrant with a 2 year visa but you only stayed in the UK for 3 months and then returned to India. Did you at that point leave the employment of your sponsor? If your employment terminated the sponsor should have reported this to UKBA and UKBA should have curtailed your visa by wrting to you at your UK address. You should also have received a P45 form. Did this happen?

When did you start employment in your current job in India?

The issue here is that you must have worked for your current employer in India for at least 12 months before they can sponsor you as a T2 ICT migrant and proof for this has to be provided.

Your previous sponsor may not have complied with its reporting duties but you must be able to prove that you have ceased working for them on a certain date. If you can do that (e.g. with the P45 form), and also that you have been working for your current employer for the least 12 months, then there should be no problems on this account.

Did you clarify with your "immigration team" why they said that what I quoted from the Immigration Rules re. the cooling-off period "may be an old rule"?