Cooling off period - Clarification for Tier2 Gen Application

[gaurav0098]

Hi All,

I have a specific question around cooling off period. I am currently in UK as a Tier 2 Dependant. Intially I had Tier 2 (ICT) Long term staff visa which was valid till Sept 15 however I switched to Tier 2 Dependant in March 15.

The cooling off period calculation is a bit confusing for me. I have provided the link and text below.

I travelled to my home country to get the conversion done hence when I re-entered UK as a Tier 2 Dependant, there is stamp marked on the visa.

My Questions are:

1. The paragraphs clearly states that "but only if you can provide evidence of having not been in the UK for a period of 12 months immediately prior to that date." This is where the confusion starts. I came back to UK as Tier 2 Dependant in March and present in UK as Tier 2 Dependant. Does this mean my cooling off period has not started as I am currently present in UK?

2. How will my cooling off period be calculated? Based on Sept 15 when Tier 2 ICT expired or based on March 15 when I left Tier 2 ICT and became a Tier 2 Dependant?

3. If I plan to apply for Tier 2 General visa in March 16 (12 months after I left Tier 2 ICT and became a Tier 2 Dependant) which evidance will be accepted by authorities as the best proof?

If you can provide any official link clarifying these Cooling off rules it would be a great help.

Thanks.

Reference:

https://www.gov.uk/government/uploads/s ... 4_2015.pdf

Point 25 in the document states:

"25.
Where you left the UK before your last period of Tier 2 leave expired, the 12 month period during which you will not be able to reapply can start earlier than the date your leave expired but only if you can provide evidence of having not been in the UK for a period of 12 months immediately prior to that date. Acceptable evidence may include, but is not limited to:

travel tickets or boarding card stubs, but only if your sponsor, or previous sponsor also submitted an SMS report at the time, confirming that your employment in the UK had ended;

exit or entry stamps in your passport which confirm that you were not in the UK;

a letter from your overseas employer confirming the date you started or restarted work overseas, after returning from the UK;

any other evidence that shows you were not in the UK.
Where evidence is produced and accepted, we will calculate the cooling off period to start from the earliest date supported by that
evidence."

[geriatrix]

245HB(g)