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.