If you are applying for a Tier 2 General work visa after having left a previous Tier 2 employment in the United Kingdom it is important you understand the Tier 2 Cooling Off period. The Tier 2 Cooling Off period prohibits Applicants applying again until 12 months have passed since the expiry of their previous visa. Complications can arise where a Tier 2 visa is curtailed by the Home Office and Applicants have to apply for Tier 2 visa another visa.
Applying for a Tier 2 General work visa after the Tier 2 Cooling Off period
The UK government introduced the Tier 2 General work visa to allow UK employers to hire overseas nationals for particular jobs which cannot be filled by settled workers. In order to apply for a Tier 2 General work visa, Applicants must be able to meet the requirements listed under the Immigration Rules and the relevant Appendixes. A Tier 2 General work visa is a points-based system application, therefore, Applicants are required to score 70 points (50 points for attributes) and 20 points for the maintenance and English Language requirements. Applicants must show that they have been offered for a job by a registered Tier 2 Sponsor and have been assigned a Certificate of Sponsorship (CoS). A Sponsor will only assign a CoS if the Applicant is appropriately qualified or registered to do the job.
What is the Tier 2 Cooling Off Period?
If you are on a Tier 2 General visa and you decide to leave the United Kingdom indefinitely, the Tier 2 Cooling Off period will apply to you and this will prohibit you from applying for another Tier 2 visa for 12 months. Before applying, Applicants will have to wait 12 months after the date of expiry of their last Tier 2 General visa/curtailment. The Tier 2 Cooling Off period also applies to Applicants who have had their Tier 2 General visa curtailed for whatever reason. However, the Tier 2 Cooling Off period may apply where Applicants are applying for entry clearance in another category.
When does the Tier 2 Cooling Off period begin?
The Tier 2 Cooling Off period starts after the expiry of the Tier 2 visa or if the Applicant has left the United Kingdom with the intention of giving up their Tier 2 leave. If your Tier 2 visa is curtailed before the expiry date of your Tier 2 visa the Tier 2 Cooling Off period will normally start 60 days from the date of curtailment. If you have decided to forfeit your Tier 2 visa it is imperative you inform the Home Office otherwise complications may arise with the Tier 2 Cooling Off period dates in future applications.
When does the Tier 2 Cooling Off period not apply?
There are some scenarios where the Tier 2 Cooling Off period may not apply to some Applicants. In order to work out whether you are affected by the Tier 2 Cooling Off period, it is best advised that you seek legal advice from our specialist immigration lawyers as there could be serious repercussions if you have misunderstood this key principle. Some of the scenarios where the Tier 2 Cooling Off period may not apply are noted below:
- Where an Applicant is making a change of employment application or applying for an extension of their leave within the United Kingdom;
- Where an Applicant is returning to the United Kingdom as a high earner; or
- Where the Applicant was in the United Kingdom for a short period with a Certificate of Sponsorship (CoS) only issued for 3 months or less.
The waiver of Tier 2 cooling-off period for Certificates of Sponsorship granted for stays of under than 3 months provides additional flexibility for businesses looking to transfer key staff for short periods of time.
Using Legal Representation 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.
Successfully submit a Tier 2 General work visa application after the Tier 2 Cooling Off period
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.