I am in the UK with a Tier 2 (General) visa, but I was made redundant by my sponsor when the company became insolvent. I have found a new sponsor, but applying for a new Tier 2 visa has been delayed while the new company completes the RLMT. I am concerned that if I don't make a new Tier 2 application within 60 days of being made redundant, then I won't be eligible to apply for ILR in the future. Can anyone please confirm or deny? I am concerned because I've read the following:
Immigration Rules Part 6a, 245AAA (General requirements for indefinite leave to remain):
https://www.gov.uk/government/uploads/s ... MASTER.pdf
(I replaced some irrelevant words with "..." because the text is very long. Please see the link for the full text.)(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, ..., the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, ..., except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, ..., to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor.
Additionally, the "Indefinite leave to remain: calculating continuous period in UK" guidance, section "Breaks in the continuous lawful period" says:
https://www.gov.uk/government/uploads/s ... eriods.pdf
Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, you must disregard this period for ILR.
The rules have been summarised on this website, but since this is not a UK government website, I'm not sure how reliable it is:
http://www.wrighthassall.co.uk/legal-ar ... ules-6-ap/
Where an applicant has changed employer during the 5 year qualifying period for ILR, any gap between periods of employment must be 60 days or less otherwise the application will be refused.
Most of what I've read on these forums says that you have 60 days from when you receive your curtailment notice (rather than date of redundancy), to make a new Tier 2 application. But I wonder if the curtailment date is after the 60 days since the date of redundancy, if eligibility for ILR is affected.
Thanks,
Alison