UK Visa cooling off period

[mandarkothiwan]

I had travelled to UK on 5th November 2011 and returned to India on 5th May 2012. My visa has been expired on 28 th October 2012.

Can you please confirm if I am eligible to re-apply again for UK visa.

Also please suggest when the cooling off period actually starts. Is it after leaving the UK or is it after the visa is expired, because it might be the case that visa is valid for 3 years but the actual stay is for 5 months. So does cooling off period starts after 5 months??

Early response is much appreciated.

Regards.

[manci]

what visa did you have before and what visa are you thinking of applying for now?

[mandarkothiwan]

I had applied for Tier 2 (Intra company transfer) Visa

[mandarkothiwan]

And I will be applying for the same Tier 2 (ICT - Intra company transfer)

[mandarkothiwan]

Manci, thanks a lot for your help until now.
Will you be able to guide on the above please. Please let me know if you need any further information.

[manci]

from Immigration Rule 245GB:

(d) 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, unless paragraph (e) below applies.

(e) Paragraph (d) above does not apply to an applicant who:

(i) was not in the UK with leave as a Tier 2 migrant at any time during the above 12-month period, and provides evidence to show this,

(ii) is applying under the Long Term Staff sub-category and who has, or last had entry clearance or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Short Term staff, Graduate Trainee or Skills Transfer sub-categories, or under the Rules in place before 6 April 2011, or

[mandarkothiwan]

Thanks Manci. Does this mean that I am eligible to re-apply. Because i left UK on 5th May and i am reapplying now (i.e after than 12 months from exit date). Please suggest.

[Johannespintacasi]

Hi,

I had travelled to UK under a Tier 2 general visa from August 2010 but had to go back to the Philippines on December 2012 to manage our company. After 6 mos of working in our company, I figured that business isn't really for me so I tried to re-apply for another job in the UK again but my visa has expired already last June 2013. Fortunately, I found a new job again in UK and they granted me a Cert. of Sponsorship.

Can you please confirm if I'm eligible to re apply again for UK visa and when should be the best time to reapply again?

Kind regards,

Johannes Pintacasi

[Johannespintacasi]

And I will be re-applying for the same Tier 2 General visa.

Thanks.