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Tier 2 General Visa Employment Gap Issue

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Nomi-UK
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Joined: Fri Feb 21, 2014 2:25 pm

Tier 2 General Visa Employment Gap Issue

Post by Nomi-UK » Sun Sep 06, 2015 5:02 pm

Hi All,

I was made redundant in Jan 2015 and from now on i got 4 time permanent jobs but the HR refused to sponsor me. From February to onward there was no Pay slips yet. After 6 months i will be eligible to long term residency 10 Years ILR. My question is my payslips gap is now 8 to 9 months if i couldn't get job in next 6 months then i will get my ILR or not. I checked the guidance of long period ILR there is no Clause of Payslip Checking etc. My current Company didn't informed UKBA as well. HR is waiting for my next job then they will inform UKBA. I am concerned about my ILR application and its seems like preety straight forward no pay slip employment gaps check ? Experts response would be highly appreciated.

Regards

Nauman

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Tier 2 General Visa Employment Gap Issue

Post by geriatrix » Sun Sep 06, 2015 5:29 pm

Nomi-UK wrote:from now on i got 4 time permanent jobs but the HR refused to sponsor me.
Nomi-UK wrote:HR is waiting for my next job then they will inform UKBA.
What do these two sentences mean? Please explain.

Why hasn't your employer who made you redundant in January 2015 informed HO about termination of sponsorship?
If they haven't, how can you expect to receive a curtailment letter?

SET(LR) doesn't require you to provide payslips.
Life isn't fair, but you can be!

Nomi-UK
Newbie
Posts: 40
Joined: Fri Feb 21, 2014 2:25 pm

Re: Tier 2 General Visa Employment Gap Issue

Post by Nomi-UK » Sun Sep 06, 2015 6:38 pm

1) First Statement Means i Got the Jobs 4 times after redundancy but all of them later on refused to sponsor me. I am still actively looking for a job with work permit.

2) its there internal matters they don't know anything about Visa stuff They said that they haven't informed anything to UKBA about your redundancy because they don't know. Moreover, they checked my COS status as well in which clearly shows thats Sponsorship Withdrawn option which is N means No. My COS is in USED Status.
I haven't got any thing from UKBA and i am still legal looking forward to hunt a job + 6 months then i can apply 4 ILR 10 years.

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CR001
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South Africa

Re: Tier 2 General Visa Employment Gap Issue

Post by CR001 » Sun Sep 06, 2015 7:02 pm

According to your previous post in January, you have said that you have asked HR not to inform HO and that they agreed :shock:

This Post (click)

It would help if you state the true story and sequence of events in order to get the appropriate advice.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Nomi-UK
Newbie
Posts: 40
Joined: Fri Feb 21, 2014 2:25 pm

Re: Tier 2 General Visa Employment Gap Issue

Post by Nomi-UK » Wed Sep 09, 2015 11:39 pm

Yes you are right. Thats was the First part in February. The story is in following sequence
1)During PSW Visa, I have applied Sponsor license with HR and Assigned the UCOS to me andi have done everything in the sms system. I Got Tier 2 in May 2014 and then Made Redundant in Jan 2015.
2) I informed HR about my Visa situation and said that plz don't inform UKBA. Due to lack of immigration information they have said they will not inform UKBA until u get a job.HR is Pure Immigration Illiterate. They have already given me SMS access as well.
3) i am Checking the SMS system on a Daily basis and Check my COS status which is USED in status and Sponsorship Withdrawn Status is N. Moreover, They just sponsored me and they haven't sponsor anyone yet. I am only Sponsored man.
4) Now, i got a job 4 times but Unfortunately, 2 times HR refused to give me Visa and one time Salary issue created a Problem and last time IT manager after Selection refused to give me COS due to Budget issue.
5) Now, its been 8 months and i am still trying hard to get a sponsor job but worried about my current status. My visa will expire in 2019. I haven't received anything from UKBA yet.
Please advice what is the current status of mine if my COS status is mentioned in point 3 ?
My eyes is on 10 Years ILR instead of T2 to ILR in which they can check 5 years HMRC record as per my experience 10 ears ILR is much easier and straight forward.
6) If i switch my T2 visa later on and i got a visa then it will create issues my 10 years ILR application or not ?

manci
Respected Guru
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Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 General Visa Employment Gap Issue

Post by manci » Sun Sep 13, 2015 12:40 pm

If UKVI find out that your sponsor:

a) failed to inform them when your employment ended,
b) gave you access to the SMS

their sponsor licence will be revoked and, furthermore, if UKVI consider that you were complicit in the actions that resulted in the licence being withdrawn your leave will be curtailed with immediate effect.

The company and/or you should seek professional advice from an immigration lawyer on how to handle the situation.

ajk661
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Posts: 5
Joined: Sun Sep 13, 2015 3:29 pm

Re: Tier 2 General Visa Employment Gap Issue

Post by ajk661 » Sun Sep 13, 2015 5:05 pm

Hi
I applied to renew my Tier 2 Gen visa on Friday (priority service), my visa expires on Monday. I need to travel to Ireland next weekend, so can't post my passport for the application to be processed until the following monday.

Will I face trouble at immigration returning from Ireland?? Is paying the fee and filling in the online application form on priority service enough for me to be ok? Also, posting my passport outside the 2 working days, but inside 15 days will still have my visa decided on within the 28 day grace period?

manci
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Re: Tier 2 General Visa Employment Gap Issue

Post by manci » Sun Sep 13, 2015 5:40 pm

ajk661 wrote:Hi
I applied to renew my Tier 2 Gen visa on Friday (priority service), my visa expires on Monday. I need to travel to Ireland next weekend, so can't post my passport for the application to be processed until the following monday.

Will I face trouble at immigration returning from Ireland?? Is paying the fee and filling in the online application form on priority service enough for me to be ok? Also, posting my passport outside the 2 working days, but inside 15 days will still have my visa decided on within the 28 day grace period?
duplicate post and please don't hijack threads

ajk661
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Posts: 5
Joined: Sun Sep 13, 2015 3:29 pm

Re: Tier 2 General Visa Employment Gap Issue

Post by ajk661 » Sun Sep 13, 2015 8:16 pm

manci - can you offer any advice?

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