As the UK’s immigration system continues to undergo reform in order to incorporate EEA nationals into the same system as non-EEA nationals as a result of Brexit, it has been announced that the Tier 2 Cooling-Off period will no longer apply after 1 January 2021. This has come as welcome news to Applicants as the Tier 2 cooling-off period has prohibited many Tier 2 General and ICT migrants from being able to return to the UK under this route, inconveniencing the individual as well as their employer. Our business immigration solicitors in London specialise in work visa applications and are happy to discuss the cooling-off period and all other points based system requirements during a consultation. Please contact our team today in order to schedule a meeting for UK immigration advice.
Is there a cooling off period for Tier 2 General visa?
Yes, under the current Tier 2 visa route there is a “cooling-off” period that applies to migrants who leave the UK “permanently”, giving up their leave as a Tier 2 migrant. The Tier 2 cooling-off period then prohibits Applicants from re-applying for another Tier 2 visa for 12 months. The Tier 2 cooling-off period also applies to individuals who have had their Tier 2 visa curtailed. The cooling-off period also applies to Tier 2 (ICT) migrants. There are some exceptions to the cooling-off period however, such as is the new job will pay a salary of more than £159,600 per year.
Is the Tier 2 cooling-off period ending?
Yes, it has been announced that there will be no cooling-off period under the new Skilled Worker route which should come into force on 1 January 2021. Although specific details of this route are yet to be confirmed, what we do know is that the cooling-off period will no longer apply, thus meaning sponsored workers will not have to wait 12 months before reapplying for a work visa.
How long can I be out of the UK on a Tier 2 visa?
Tier 2 migrants who have a visa valid for 6 months or more can be outside of the UK for longer than 2 years, otherwise, their leave will lapse and they will be subject to the cooling-off period. In order for Tier 2 visa not to lapse, Applicants must have been granted entry clearance or leave to remain for more than 6 months and they must continue to be employed by, and have not ceased working for, their Tier 2 sponsor for a period of 1 calendar month or more. Migrants must also have a good reason for their absences. Excessive absences from the UK can also have an impact on the success of future Tier 2 settlement applications (indefinite leave to remain). Applicants for Tier 2 settlement must not have been outside the UK for more than 180 days during any consecutive 12 month period.
Can Tier 2 ICT be converted to Tier 2 general?
It is possible to switch into the Tier 2 General visa category from other visa routes from within the UK. Unfortunately though, switching from Tier 2 ICT to Tier 2 General is only possible under the Immigration Rules in place before 6 April 2010 and only if the Applicant is changing sponsor. In all other cases, Tier2 ICT migrants will need to leave the UK, wait 12 months for the cooling-off period, and then reapply for a Tier 2 General visa.
Visa categories which can switch into Tier 2 General from within the UK include:
- Visas under Tier 1 of the points based system;
- Tier 2 Sportsperson;
- Tier 2 Minister of Religion;
- Tier 4 student visa;
- Start-up visa under Appendix W to the Immigration Rules;
- Innovator visa under Appendix W to the Immigration Rules; and
- Representative of an overseas business.
Using our Immigration Solicitors in London to understand the Tier 2 Cooling Off period
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Immigration application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject Immigration applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Tier 2 applications after the Tier 2 Cooling Off period with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Immigration application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your immigration matter or application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.