ILR Refused, Tier 2 G, Employment gap, AR available

[svasu]

My ILR application based on 5 years continuous leave on Tier 2 G was refused today on the grounds that there is a gap between employments that exceeds 60 days.

Exact text from the letter:
"Home office records show that you were made redundant and was no longer sponsored by XXXXX from xx September 2014. You made an application for further leave to remain as a Tier 2 G migrant with current sponsor YYYYY on yy December 2014. There is a break of 99 days from xx Sept 2014 till yy Dec 14 which is over the 60 days permitted as stated in the immigration rules. you therefore do not meet the requirement of a continuous period of 5 years as a Tier 2 General migrant. Therefore we are not satisfied that you meet the requirements for ILR and your application is refused under Paragraph 245HF(b) with reference to paragraph 245AAA(b)"

In Dec 2014 I applied for Tier 2 G extension as I still had valid leave to remain and had not received a curtailment letter. My current visa is valid till Aug 2017 which covers total leave of 6 years under Tier 2.

Please provide guidance on whether I should apply for administrative review and if yes, then on what grounds? Or do you feel this would be a waste of time. Your suggestions will be highly appreciated.

[moongesture]

245AAA covers general requirement for ILR and states that;

"......the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, .......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."

As per rule you need to count your continuous period from the dates with new sponsor.

[JoeLawerence2]

I was in similar situation but granted ILR. Did you check your immigration record through SAR?

When exactly was this gap and when did your previous employer notify UKBA?

[JoeLawerence2]

I just read through your history in another post. I suppose your Tier 2 visa ended in Aug 2014 and were not sponsored till Dec 2014 which shows a clear break in visa. Although you applied for Tier 1 Entrepreneur visa during that period it may have counted only towards the 10 year Long Residence category and not towards continuous 5 years in Tier 2 General. That’s the main reason UKBA has rejected.

I don’t think anything can be done in this case other than look to go into any other visa category before your 6 years ends.

[svasu]

I believe the matter in this case boils down to the fact that my previous employer notified to the HO early Sept 2014 of my redundancy. And it is this date the HO has taken into consideration when calculating the gap between employments and not visa end date.

IF, my previous employer has not notified the HO I guess they would have granted my ILR..
Was there any entry in your SAR with regards to your previous employer notifying end of your employment to the HO?