Tier 2 (general) - gap before job start

[eduleal]

Hi there,

I'm currently in the process of changing employers under tier 2 general.
I have left room for 2 month notice period on the start date of the COS. Will apply in person very soon.

Assuming all approved - there is a chance the current employer will prefer to release me before that period (in a few weeks as opposed to two months). Whilst the notice period was baked in for their own good, there is a chance they will prefer to make immediate savings.

If that happens, there will be a gap of up to 35 days between both jobs (+- a month with no salary).
It shouldn't have a gap in the visa, as I presume the new visa start date would be immediate once it's approved and issued and the old one cancelled.

Question is - if there is a gap, could this be an issue when applying to ILR once I complete 5 years on Tier 2?
Wouldn't stop residing in the country...

Any advice would be very much appreciated.
Very hard to juggle these dates without taking risks.

Thanks!

[iworker]

i think you should only give notice when new visa.
which also means, that since u will have new visa, u can start new job.
Unless u are applying visa too soon before the start of new job. If that is the case, then it should be down to you to decide what u want to do.. have time without job or not.
Also even if the current employer wants u gone.. they should still pay u if the contract says so.

[eduleal]

Thanks, iworker.

I'm trying to simply juggle notice period vs job start.
Applying to change next week (in person) with a COS with job start date as January 3rd.

Therefore I'll be only resigning from current one with new visa in hand - however, as COS only starts in January I could serve notice period until then.

If my current employer wants to get rid of me and cut costs immediately, he has the contractual right to do so (1 week notice) and I really don't mind having a gap with no pay -

My only question was whether this would affect ILR in the future (a month without pay, albeit legally in the country - between jobs). Having read the ILR policy, it seems the would be disregarded and not considered 'a break', but worth double checking with the specialists here!

Thanks!

[iworker]

I personally think it will be no trouble.
I have seen someone post here with having a problem at ilr, as he was laid off for 4 5 months and was between jobs during that time. However, in your case, i dont see why.

If the notice is 1 week, if i were u, i would give the notice in december.. even if it first week.
The benefit of that is, u would still get something paid at the end of december.. so technically, u wont have any month where u havent been paid in hmrc records. Not sure if this is the best advise.

[eduleal]

Thanks, iworker.
Very helpful

[kdhs114]

I personally think it will be no trouble.
I have seen someone post here with having a problem at ilr, as he was laid off for 4 5 months and was between jobs during that time. However, in your case, i dont see why.

If the notice is 1 week, if i were u, i would give the notice in december.. even if it first week.
The benefit of that is, u would still get something paid at the end of december.. so technically, u wont have any month where u havent been paid in hmrc records. Not sure if this is the best advise.

Hi iworker, can you direct me where the post is, please?

I do have a same situation, I am going to apply for ilr in Jan 2018.
I had 4 months gap in 2013 (Company ramped down in September 2013 and started a new job 2014 January.), get paid till August, and a small amount of "redundancy payment" in September.

Is it going to be a problem when I apply for ILR in 2018?.

Thanks in advance.

[eduleal]

Hi iworker, can you direct me where the post is, please?

I do have a same situation, I am going to apply for ilr in Jan 2018.
I had 4 months gap in 2013 (Company ramped down in September 2013 and started a new job 2014 January.), get paid till August, and a small amount of "redundancy payment" in September.

Is it going to be a problem when I apply for ILR in 2018?.

Thanks in advance.

Main question here is -
After your job was terminated, how long did it take for you to apply for the new one?
Was it within the 60 day period? If you were simply waiting for the visa during those 4 months, you shouldn't have a problem - HOWEVER that period might have to be disregarded when counting the 5 years.

The actual guidance is here - see Page 27:
https://www.gov.uk/government/uploads/s ... ds-v13.pdf

[kdhs114]

Hi iworker, can you direct me where the post is, please?

I do have a same situation, I am going to apply for ilr in Jan 2018.
I had 4 months gap in 2013 (Company ramped down in September 2013 and started a new job 2014 January.), get paid till August, and a small amount of "redundancy payment" in September.

Is it going to be a problem when I apply for ILR in 2018?.

Thanks in advance.

Main question here is -
After your job was terminated, how long did it take for you to apply for the new one?
Was it within the 60 day period? If you were simply waiting for the visa during those 4 months, you shouldn't have a problem - HOWEVER that period might have to be disregarded when counting the 5 years.

The actual guidance is here - see Page 27:
https://www.gov.uk/government/uploads/s ... ds-v13.pdf

Thanks for your answer.
It wasn't within 60 days, 80 days around. the guidance only shows that the case of applyling within 60 days, saying disregard the period - I understand this as disregard the period between jobs (if it is within 60 days). what if more than 60 days?

[eduleal]

In that case, you overstayed your period.
I'm not sure what the policy is for that - there should be some days of tolerance, but I wouldn't be able to advise.