UNITED KINGDOM: Important Update from the UK Border Agency: Clarification on Proposed Changes to the Tier 2 Cooling-Off Period

from ABIL Global Immigration Update

Following the proposed Statement of Changes to the Immigration Rules in November, the UKBA has clarified the changes to the Tier 2 cooling-off period mentioned above.

The 12-month period during which a Tier 2 migrant must remain outside the UK can begin on the date the migrant actually leaves the United Kingdom, rather than on the expiration date of the visa or the date the UKBA cancels the visa. The UKBA has clarified that the following evidence is acceptable:

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

When someone switches into another category, his or her leave in the new category should supersede his or her previous leave. In such a case, the cooling-off period would start from the date of switching.