Important Clarification regarding the Tier 2 Cooling-off period - | Hudson McKenzie

Important Clarification regarding the Tier 2 Cooling-off period

January 18, 2013 | News

There has been considerable confusion surrounding the cooling-off period and we have been advised by the UK Border Agency (UKBA) that the 12 month period during which a Tier 2 migrant must remain outside the UK can commence from the date the migrant actually leaves the UK, rather than the expiry date of the visa or the date the UKBA cancels the visa.

The UKBA has clarified that the following evidence would be acceptable:-

  • Travel tickets or boarding card, coupled with a Sponsor Management System report from the sponsoring employer, confirming the Tier 2 migrant’s employment in the UK has ended;
  • Exit or entry stamps in the migrant’s passport which confirm that they were no longer in the UK;
  • A letter from the migrant’s overseas employer confirming the date they started work overseas, after returning from the UK.

Where someone switches into another category, their leave in the new category should supersede their previous leave. Therefore the cooling off period would start from the date of switching.

Annual Certificates of Sponsorship for 6 April 2013 to 5 April 2014

The UK Border Agency (UKBA) is now sending out emails to Sponsors alerting them to the fact that they can apply for the next annual allocation of Certificates of Sponsorship (CoS) for Tier 2 with effect from 6 January 2013.

The current CoS allocation for each sponsoring organisation will expire on 5 April 2013 and therefore Sponsors will not be able to assign any new CoS from 6 April unless their allocation request has been processed by the UKBA. In past years, Sponsors will have experienced delays with the processing of these requests and to avoid the risk of having no CoS to assign on 6 April, the UKBA is advising that requests are submitted as soon as possible.

For specific questions, please contact your Global Immigration professional at Hudson McKenzie, or email one of our London Immigration Lawyers at londoninfo@hudsonmckenzie.com.