The Home Office has aimed at providing clarity and understanding to stakeholders regarding the new UK Immigration System. So, the drafts and proposed Immigration policies are being actively shared by the Home Office. In one such interaction, it has surfaced that the Tier 2 (General) cooling off period will be discontinued for the new Skilled Worker route. Thus, the new UK Immigration System shows some promise for the Skilled Worker route or the Tier 2 stakeholders.

If you are a Tier 2 visa holder or will be one in the future, read on to gain insights about the present situation, the Tier 2 visa, and what the future holds for the UK immigrants.

-The SmartMove2UK suggests

The new UK Immigration Bill is taking its due course through the Parliament and will provide the UK immigrants with a new Points-based Immigration System. This post-Brexit development in the United Kingdom will bring to a halt, the freedom of movement between the UK and EU (European Union), w.e.f., December 31, 2020 (11 pm).

Further, one of the recent Home Office presentations provides strong evidence of the cessation of the cooling off period for the Tier 2 visa. This implies that as soon as these rules come into force, the stakeholders of the skilled worker’s visa will be exempted from the usual 12-month re-entry ban.

If you are unaware of what a Tier 2 visa and the cooling off period are then the next section is for you. However, you may skip directly to the developments section to view what’s new.

UK Tier 2 Visa

A UK Tier 2 visa enables skilled workers to enter the United Kingdom to work in a skilled job vacancy for a long-term basis. The job vacancy has to be listed in the ‘Codes of Practice for Skilled Worker’ and usually includes sectors like IT, healthcare, and accountancy, among others. General Tier 2 and Intra-company (ICT) Tier 2 categories of Tier 2 have been under recent scrutiny concerning the new guidelines.

What does the Tier 2 Cooling Off period mean?

A special regulation policy guards the movement of the Tier 2 visa holders- the cooling off period. The cooling off period for the Tier 2 visa is a kind of re-entry ban on the Tier 2 visa stakeholders which spans for a duration of 12 months. Exemptions obviously exist.

The cooling off regulation affects both General Tier 2 and ICT Tier 2 skilled workers. A significant number of skilled immigrants have been affected by this rule of the UK Home Office, and it has also incurred losses for the employers/sponsors of those stakeholders.

The Developments – End of the Tier 2 Cooling Off period

The current cooling off period forbids the holder of a skilled worker (Tier 2) visa from returning to the United Kingdom for a period of a year post the expiry of their Tier 2 visa. Also, it debars them from switching back to a Tier 2 visa from a different UK leave category, say ICT Tier 2, within the period of a year.

UK General Tier 2

With the new Immigration System on the cards, the Home Office plans on curbing the “cooling off period” rule for the skilled worker Tier 2 (General) visa route. With this coming into effect, the skilled workers will have the liberty to leave and return to the UK without the need for the leave to entry or entry clearance.

UK ICT Tier 2

For the ICT Tier 2 visa holders, the Home Office has long proposed policy updates. The cooling off period is expected to end, although, with an exception. If you have already left for more than five years in the six years period, you need to apply for the entry clearance under the cooling off rule. However, further clarifications are still awaited.

The end of the Tier 2 cooling off period can be especially beneficial for immigrants who have been planning their return to their home country, in line with the cooling off period regulations. Besides, with the updated Tier 2 cooling off policy, the skilled workers can heave a sigh of relief.

If your visa validity permits you to reside in the United Kingdom until the new Immigration System comes into effect, you must leverage the opportunity and stay in the country. This will enable you to benefit from the new regulations, and you can save some of your hard-earned money on flights, visa applications, and other formalities

-The UK Visa experts at The SmartMove2UK suggest

What To Expect?

The “Brexit” referendum is said to bring along a multitude of brand new changes for the EU, EEA, Swiss, and other international citizens. Besides, the most prominent alterations are being made to the immigration laws in the United Kingdom. From the UK Tier 4 General student visa to the Tier 2 general skilled worker visa route, the point-based immigration system has something for everyone.

However, as a potential Tier 2 visa stakeholder, naturally, you may have multiple questions regarding the cooling-off period, the extension of Tier 2 ICT, or the new immigration laws. That being so, what you need are professional UK visa immigration specialists who can assist you with all your UK visa requirements.

If you need more information on the above or need assistance on understanding ‘Points-based Immigration System’ contact our expert UK Visa and UK Immigration Consultants are based in Mumbai | Delhi | Gurgaon | Chandigarh | Bangalore and London.


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