2011 Interns to be exempted from Tier 2 cooling off period

May 25, 2012


The UKBA has announced that students who worked as interns in the UK last summer, and who now wish to return to the UK to take a graduate job with the same company, will be exempt from the “cooling off” rule.

The rule was introduced to Tier 2 General applicants in February this year.  The rule was introduced to Tier 2 General applications in February this year.  It means that Tier 2 workers whose visas have expired will have to wait a year from the expiration date of their previous visa before they can make a fresh application under Tier 2.

Interns who were in danger of being caught out by the cooling off period will now qualify for the exemption as long as they:

• have previously been granted permission under Tier 2 (General) with that company for a temporary job lasting a maximum 4 months as an intern or summer associate;
• are sponsored by the same company that they were interning for during the summer of 2011;
• have completed a degree course within 18 months of their application; and
• are making a Tier 2 (General) application with a start date on the certificate of sponsorship of 31 October 2012 or before.

Those wishing to qualify for the exemption should note that it is a temporary measure and is only available until 31 October.

The UKBA has also advised employers wishing to hire foreign interns in future to use the Tier 5 category for temporary workers in order that their interns are not adversely affected by the cooling off period.