Tier 2 Cooling Off Period: Major Rule Changes for Skilled Workers & ICT

UK Immigration Blog

The United Kingdom’s immigration rules are constantly evolving, and one of the most significant changes in recent years has been the introduction of the Tier 2 Cooling Off period. This rule has had a profound impact on skilled workers and intra-company transfers (ICT), affecting their ability to reapply for a Tier 2 visa after their employment has ended. The ‘cool off’ meaning in this context refers to a mandatory waiting period before a new application can be submitted. This article will delve into the details of the Tier 2 Cooling Off period, the major rule changes, and how they affect skilled workers and ICTs.

Understanding the Tier 2 Cooling Off Period

The Tier 2 Cooling Off period is a rule that was introduced by the UK government to control immigration numbers. It applies to non-European Economic Area nationals who have been in the UK under a Tier 2 visa. The rule stipulates that once a Tier 2 visa holder’s employment is terminated (uk tier 2 visa termination of employment), they must wait for 12 months before they can reapply for a new Tier 2 visa. This 12-month period is known as the ‘cooling off’ period.

Major Rule Changes for Skilled Workers and ICTs

In December 2020, the UK government announced significant changes to the Tier 2 Cooling Off period rules. These changes primarily affect skilled workers and ICTs. Here are the key changes:

  • The cooling off period will no longer apply to skilled workers and ICTs who earned £73,900 or more in their previous job.
  • The cooling off period will not apply to Tier 2 General visa holders who are applying for a Tier 2 ICT visa.
  • The cooling off period will not apply to Tier 2 ICT visa holders who are applying for a Tier 2 General visa.

These tier 2 ict cooling off period changes are significant as they provide more flexibility for high-earning skilled workers and ICTs, allowing them to switch between different Tier 2 visa categories without having to wait for 12 months.

Implications of the Rule Changes

The changes to the Tier 2 Cooling Off period rules have several implications for skilled workers and ICTs. Firstly, they make the UK a more attractive destination for high-earning skilled workers and ICTs, as they can now switch jobs and visa categories without having to leave the UK for 12 months. Secondly, they provide more flexibility for businesses to recruit and retain top talent from around the world. Lastly, they could potentially lead to an increase in the number of Tier 2 visa applications, as more people will now be eligible to apply.

Understanding the ‘Cool Off’ Meaning

The term ‘cool off’ meaning in the context of immigration rules refers to a mandatory waiting period before a new application can be submitted. In the case of the Tier 2 Cooling Off period, this waiting period is 12 months. During this time, the applicant cannot be in the UK under a Tier 2 visa. However, they can still visit the UK as a tourist or on a business visit visa.

USCIS Tier 2 Call Back Time

While the UK has its Tier 2 Cooling Off period, the United States Citizenship and Immigration Services (USCIS) has a similar rule known as the ‘call back’ time. This rule applies to H-1B visa holders who have left the US and wish to return. The ‘uscis tier 2 call back time’ refers to the waiting period before an H-1B visa holder can reapply for a new visa. The length of this waiting period can vary depending on the circumstances.

Understanding the ‘Cool Off’ Rules

The ‘cool off’ rules are designed to control immigration numbers and prevent abuse of the immigration system. They apply to various visa categories in different countries. In the UK, the Tier 2 Cooling Off period is a key part of these rules. It is important for visa holders and applicants to understand these rules and how they may affect their ability to live and work in the UK.

In conclusion, the changes to the Tier 2 Cooling Off period rules are significant and have far-reaching implications for skilled workers and ICTs. By understanding these changes and how they affect the ‘cool off’ rules, visa holders and applicants can make informed decisions about their immigration options.

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Teresa Aldridge
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VisaHelpUK - UK Immigration and Visa Application Advice Service
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