The Tier 2 visa allows skilled workers to enter the UK on a long-term basis to fill a skilled job vacancy; such as in IT, accountancy, teaching, or healthcare. The occupation needs to be on the Tier 2 occupation list or Tier 2 Shortage Occupation List. Before they apply, Tier 2 visa applicants must have a job offer and a Tier 2 Certificate of Sponsorship from a UK employer with a valid Tier 2 sponsorship licence.
If the application is for entry clearance or switching from another leave category within the UK, a 12-month cooling off period applies.
The applicant must not have been in the UK with 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 one of the exceptions below applies.
Where the applicant left the UK before their Tier 2 leave expired, the 12-month period can start earlier than the date their leave expired but only if they can provide evidence of having not been in the UK for a period of 12 months immediately before that date. Acceptable evidence may include, but is not limited to:
- travel tickets or boarding card stubs, but only if the applicant’s sponsor submitted an SMS report at the time, confirming that their employment in the UK had ended
- exit or entry stamps in the applicant’s passport which confirms that they were not in the UK
- a letter from the applicant’s overseas employer confirming the date they started or restarted work overseas, after returning from the UK
- any other evidence that shows the applicant was not in the UK
Where evidence is produced and accepted, the cooling off period must be calculated to start from the earliest date supported by that evidence.
Exceptions on cooling off period
The cooling off period does not apply where:
- the applicant is applying under Tier 2 (ICT) – Long Term Staff and was previously granted under Tier 2 (ICT) – Short Term Staff, Graduate Trainee or Skills Transfer, or under the Tier 2 (ICT) Rules in place before 6 April 2010
- the applicant is applying under Tier 2 (ICT) and the gross annual salary stated on the applicant’s current certificate of sponsorship (CoS) is £120,000 or higher
- the applicant is applying under Tier 2 (General), Tier 2 (Minister of Religion) or Tier 2 (Sportsperson) and the gross annual salary stated on the applicant’s current certificate of sponsorship (CoS) is £159,600 or higher
- the applicant was only in the UK as a Tier 2 migrant during the last 12 months for a short period or periods with a CoS which was assigned for 3 months or less, for example where the applicant
- was assigned a CoS of 3 months or less in the preceding 12-month period and had no other Tier 2 leave during that period, the cooling off period will not apply
- has had more than one period of Tier 2 leave in the last 12 months and each CoS was assigned for less than 3 months, even where they may total over 3 months, the cooling off period will not apply
If the applicant was assigned a CoS of 6 months in length, but the Home Office was notified by their sponsor that they ceased working in the UK after 2 months, the cooling off period will apply (as the CoS was assigned for more than 3 months)
As immigration law specialists, we are experienced advisers to Tier 2 sponsor licence holders on the application and implications of the Tier 2 cooling off period when hiring and transferring employees.
Please contact us with any queries relating to the Tier 2 cooling off period, or wider questions about sponsor licence compliance, a sponsor licence application or sponsor licence renewal.
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