As many sponsors will be aware, the 12 month ‘cooling off’ period that we referred to here starts from 60 days after the UKBA actions the report of premature end of employment on the Sponsorship Management System (SMS). The period does not commence when the sponsor submits the report.
This continues to cause considerable concern amongst employers and we have been asked to provide advice on a number of situations where the actual curtailment date is unclear. We recommend that all sponsors who wish to sponsor an individual who has previously had a visa under Tier 2 and who is affected by the ‘cooling off’ period seek confirmation of the exact date of the curtailment of the individual's visa before finalising an offer of employment in the UK. If the 'cooling off' period has not elapsed an application for Tier 2 entry clearance will be refused.
The individual concerned, rather than the employer, can obtain information from the UKBA concerning the actual date of curtailment by submitting a Subject Access Request to the UKBA. For further information on how to do this, please click here.
We have been able to amend an incorrect curtailment date for a prospective employee of one of our business clients using this process so that it now reflects the actual end date of the individual's previous employment. The result of this is that the individual can now make an application under Tier 2 for entry clearance to the UK and such an application will not fall foul of the 'cooling off' period.