ILR Eligibility after Tier 2 Employment gap of over 60 days

[superman911]

Hi All,

I left my previous employer, with whom I had a Tier 2 (General) visa with, in November 2012. I was contacted by the UKBA in mid January 2013 and told my leave was being curtailed to April 2013. By then, I has successfully interviewed at my current employer and accepted a job offer from them in early February 2013. After completing RLMT and getting a COS, my employer applied for my Tier 2 (General) visa in April 2013 - a day before my curtailed leave ended and I successfully got my new visa.

My question is this:

Will the gap between me leaving my previous employer and my new employer applying for my new visa affect my chances for applying for an ILR next year? I got my first Tier 2 visa with my previous employer in March 2011.

Thank you in advance for your help.

[superman911]

Hello - is there anyone who can answer my query please?

[superman911]

Is there no one on this forum who can help me? I'd really appreciate some advice on this issue.

[superman911]

Is there a moderator who can help me out here? I'm wondering since the 60 day rule was introduced only around the same time, will I be able to successfully apply for ILR?

[advanceswine]

I am in the similar position. Because the new sponsor needed to conduct RLMT, the actual time I applied for a new Tier 2 visa would be few days above 60 days following end of employment. However, there is no break of visa.

Does that mean in a few years time, I won't be eligible for ILR even if I stay for 5 years in Tier 2. Can someone help with this topic? Which ILR requirement applies in say 2018? The present one, or the one when I actually apply for ILR in 2018?

[advanceswine]

superman911,

I am in the same situation but I am only on Tier 2 for less than 2 years when made redundant.

My research leads to an uncomfortable contemplation that new application has to be made within 60 days following end of employment, in order to qualify for the conditions of Tier 2 visa. The tentative conclusion is not from 5-year continuous lawful period perspective because there is no break of visa, rather from a perspective of conditions to stay, according to 'breaks in continuous lawful period' from https://www.gov.uk/government/uploads/s ... .0_EXT.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.

I am hoping that:

end of employment is calculated from the day receiving curtailment letter.
OR
by the time we apply for ILR in the future, the rules of calculating breaks in continuous lawful period would have changed to allow more time considering RLMT taking half of those 60 days.

Possible solutions I can think of:

Switch into another 5-year qualifying category (such as Tier 1 or non-point base system category) as we can only stay 6 years under Tier 2.
appeal ILR decision if it is refused due to this break of employment.

[vicky21]

Hi

Can anyone please clarify regarding ILR for tier 2 general if there is break of more than 60 days.

I have similar situation as mentioned above, please do reply guys...thank you.

[St042]

Hi guys, I am in the same position -

I was made redundant just before my tier 2 visa expired in March 2014.

I immediately applied for ILR under the 10 year route but got rejected about 8 months later for excessive absences (800 or so.. What can I say I like travelling.....little did I know this would later haunt me!!).

However on receipt of the rejection letter I had already lined up another job and applied immediately. This was approved thus I have a valid Tier 2 from November 2014 until 2018.

Thus the question is, as with others, does this 8 month unemployment period invalidate a future 5yr ILR application by the end of this year

Please let me know if anyone has applied with these circumstances and the outcome.

Thanks

[aussieaaron]

Hi all,

Does anyone have an update on whether a +60 day break in employment without receiving a curtailment letter affects 5-year continuity for Tier 2 --> ILR applications?

Thanks very much

[iRulzz]

Hi,

Did anyone got ILR with the break of more than 60 Days while switching the Tier 2 Visa?

Please respond as it will be very useful. Many Thanks

[DeepakV85]

Hi All,

I am no expert by any means but I presume this will not an issue as long as you in the UK. However please check with the experts asI am not sure about this totally.

Thanks

[Vas999]

Hi
Any update on this? Thanks

[Vas999]

Hi all,

Does anyone have an update on whether a +60 day break in employment without receiving a curtailment letter affects 5-year continuity for Tier 2 --> ILR applications?

Thanks very much

Hi Did you manage to find an answer to this?
Thanks

[CR001]

Hi all,

Does anyone have an update on whether a +60 day break in employment without receiving a curtailment letter affects 5-year continuity for Tier 2 --> ILR applications?

Thanks very much

Hi Did you manage to find an answer to this?
Thanks

If you have a question, please start your own topic rather than tag onto one that started in 2015. Yes a break of 60 days in employment, calculated from date leaving job to date of submitting a new application, does affect ILR.