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Immigration Rules clarification

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

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shabrish40
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Posts: 2
Joined: Mon Oct 22, 2012 12:16 pm

Immigration Rules clarification

Post by shabrish40 » Thu Nov 15, 2012 2:02 pm

Hello,

I recently read the immigration rules from the ukba site (below),
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

and i was hoping if someone could clarify one of the points which i am confused please..

In section 245HB. Requirements for entry clearance point (g)
" The applicant must not have had entry clearance or 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."

Does the above line means someone who recently extended their Tier 2 ITC visa (from Tier 2 Established Staff) cannot apply for a tier 2 general with a change in sponsorer before completing atleast 12 months in the extension visa ?

Any input is much appreciated. Thanks in advance.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Thu Nov 15, 2012 5:24 pm

No, the 12 month cooling off period only applies to entry clarance applications, i.e. if you are applying from abroad.

If you are at present in the UK under Tier 2 your application would be for change of employment and leave to remain.

shabrish40
Newly Registered
Posts: 2
Joined: Mon Oct 22, 2012 12:16 pm

Post by shabrish40 » Fri Nov 16, 2012 3:25 pm

Thanks for the clarification Mansi..

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