之前在英国取消工签，过了9个月在国内再申请新工签 有类似情况吗？

归档 工作签证
#1

如题，我朋友之前是在英国12年4月份申请到的工签。工作不到3个月，雇主因经济危机倒闭了，在7月分结束签证。但同时UKBA回复让我朋友可以在合法的时间未来2个月也就是到9月上旬找到新的雇主，要不然就得离境。当然最后也没找到，就回国了。

最近我朋友找到了新的雇主肯给他工签证，但是看了下UKBA的T2 guideline内有个条例是关于离境12个月和返回的，不知道是否有解读错误。。疑问是应该是从签证结束7月分开始算12个月呢，还是离境9月份开始算12个月。。才能再次以T2的签证返回英国？UKBA原文如下。。

Applications for Entry Clearance or Switching into Tier 2 (Minister of Religion)

  1. Please note that successful Tier 2 (Minister of Religion) applications will be granted leave up to 3 years with the possibility of extending for a further 3 years. You will not be
    able to extend beyond 6 years. You will not be able to re-apply to return to the UK under Tier 2 until 12 months after your last leave under Tier 2 expired or you can show you have been outside the UK for 12 months, whichever is sooner, unless you will be paid a gross annual salary of £152,100 or more. This will be the case even if you have been in Tier 2 for less than 6 years. If you leave your job with your Tier 2 Sponsor early, you should ensure that your Sponsor notifies us that you have left so that we can curtail your leave. This is important as the 12 months is counted from the date that your leave ends.

Applications for Entry Clearance

  1. Where you left the UK before your last period of Tier 2 leave expired, the 12 month period during which you will not be able to reapply can start earlier than the date your leave expired but only if you can provide evidence of having not been in the UK for a period of 12 months immediately prior to that date. Acceptable evidence may include, but is not limited to:
    • travel tickets or boarding card stubs, but only if your sponsor, or previous sponsor also submitted an SMS report at the time, confirming that your employment in the UK had ended;
    • exit or entry stamps in your passport which confirm that you were not in the UK;
    • a letter from your overseas employer confirming the date you started or restarted work overseas, after returning from the UK;
    • any other evidence that shows you were not in the UK.
    Where evidence is produced and accepted, we will calculate the cooling off period to start from the earliest date supported by that evidence.
#2

那个12 months的cool-off period是给新工签政策下工作最多6年后还不够settlement条件的, 和lz的朋友的case无关, 只要按期离境没有overstay 28天以上, 完全可以立即按照新的t2要求来申请新的工签.

#3

看了下，还有个和这类似的条款，

Applications for Entry Clearance

  1. Where you left the UK before your last period of Tier 2 leave expired, the 12 month period during which you will not be able to reapply can start earlier than the date your leave expired but only if you can provide evidence of having not been in the UK for a period of 12 months immediately prior to that date. Acceptable evidence may include, but is not limited to:
    • travel tickets or boarding card stubs, but only if your sponsor, or previous sponsor also submitted an SMS report at the time, confirming that your employment in the UK had ended;
    • exit or entry stamps in your passport which confirm that you were not in the UK;
    • a letter from your overseas employer confirming the date you started or restarted work overseas, after returning from the UK;
    • any other evidence that shows you were not in the UK.
    Where evidence is produced and accepted, we will calculate the cooling off period to start from the earliest date supported by that evidence.
#4

有木有人知道怎么回事？

#5

斑竹已经解释了，这情况不符合你朋友的例子，不需要考虑。

#6

版主的这个说法有误。
这个是Tier 2 Guidance的原文
67. Please note that successful Tier 2 (General) applications will be granted leave up to 3
years with the possibility of extending for a further 3 years. You will not be able to extend
beyond 6 years. You will also not be able to re-apply to return to the UK under Tier 2 until
12 months after your last leave under Tier 2 expired or you can show you have been
outside the UK for 12 months, whichever is sooner, unless you will be paid a gross annual
salary of £152,100 or more. This will be the case even if you have been in Tier 2 for less
than 6 years.

留意最后一句。