Q&As

Would the 12-month cooling-off period apply to a dependant partner of a Tier 2 (General) migrant, who is applying for leave as the main Tier 2 (General) applicant?

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Published on: 03 November 2020
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Tier 2 (General) migrants applying for entry clearance, leave to enter or leave to remain must not, subject to limited high-earner and other exceptions, have held leave to enter or remain as a Tier 2 migrant at any time during the 12 months immediately preceding their application. This is known as the ‘cooling-off period’ and, for Tier 2 (General) visa applications, is found at the Immigration Rules, Part 6A, para 245HB(g):

‘(g) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was granted for a period of three months

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Jurisdiction(s):
United Kingdom
Key definition:
Entry clearance definition
What does Entry clearance mean?

A visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence or the requisite evidence of a person's eligibility, though he is not a British citizen, for entry into the United Kingdom: see Immigration Act 1971, s 33(1).

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