Tier 2 to ILR - emplyment gap - Am I still eligible for ILR

[srikanth829]

Hello All,

Firstly thank you for all the contributors here.

My story is below. Basically, I have an employment gap as below , so please help me with your expert advice on ILR application.

I am planning to apply ILR in Oct 2017. Having read the guidance on calculating continuous period , I am not sure where I land.

Please could you help? Do you think I can apply for the ILR in Oct 2017?

19-Mar-12---------------------Joined Employer 1
04-July-12---------------------last day at Employer 1 (Valid till march 2015)
19-Oct-14--------------------- curtailment letter recieved
21-Dec-14---------------------leave was curtailed till .
11-Nov-14----------------------Applied Tier 2 general from employer 2
14-Nov-14--------------------- received BRP card (valid til dec 2017)
17-Nov-14---------------------Joined Employer 2
17-Oct-17---------------------Apply for ILR?????


please help me

[CR001]

04-July-12---------------------last day at Employer 1 (Valid till march 2015)
19-Oct-14--------------------- curtailment letter recieved

Are you sure about your dates???

[srikanth829]

Hello All,

I have just updated the dates.

19-Mar-12---------------------Joined Employer 1
04-July-14---------------------last day at Employer 1 (Valid till march 2015)
19-Oct-14--------------------- curtailment letter recieved
21-Dec-14---------------------leave was curtailed till .
11-Nov-14----------------------Applied Tier 2 general from employer 2
14-Nov-14--------------------- received BRP card (valid til dec 2017)
17-Nov-14---------------------Joined Employer 2
17-Oct-17---------------------Apply for ILR?????

[CR001]

04-July-14---------------------last day at Employer 1 (Valid till march 2015)
11-Nov-14----------------------Applied Tier 2 general from employer 2

As you have more than 60 days gap between last date of employment and new Tier 2 visa application, you might have a problem for ILR. See 245AAA (b) (Click)

(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant or a highly skilled migrant, the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, 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.

[srikanth829]

Hello CR001,

Is there any thing I can do to support this ? .

My second employer was waiting for a letter of termination to issue new cos, but my first employer didnt release it in time (this was intentionally done).

I have received my curtailment letter in October and used it as a proof of termination to get COS from second employer.

Are there any documents or a letter that i can write as a support to my Application ?

Please help me .

Thank you inadvance.

Regards,
Srikanth N

[CR001]

There was no need to wait for a letter to get a COS, not sure why you or your sponsor think this was required.

[srikanth829]

Hello CR001,

I have received a HMRC employment history letter yesterday and it still shows my previous employer name in the list of employer for current year as well.

I finished working with my employer 1 in 2015 july , but as per HMRC employment history for year 2015-16 and 2016-2017 my employer 1 is in the list along with employer 2.

I have read here in other threads , Home office looks into records on HMRC to check employment continuity for 5years. May be my employer has not informed HMRC of my employment finish date ? .

Is this statement right ?
Does this means I will no problem in my ILR application with gap ?

Many thanks inadvance.

[iworker]

this is not uncommon. At times, the p45 notification to hmrc is not recorded, and the employer still continues. As long as it shows that there is no income from other employer, u should be fine.

[srikanth829]

Hi,

Thank you for quick reply.

one last query before I go ahead and book my appointment.

Home office looks into records on HMRC to check employment continuity for 5years. May be my employer has not informed HMRC of my employment finish date ? .

Is this statement right ?

please confirm on this.

Many thanks in advance.

[CR001]

If they issued you a P45 then likely it has been but not completed updated on HMRC.

[iworker]

If they issued you a P45 then likely it has been but not completed updated on HMRC.

Could have been possible as OP last job was before the RTI submissions. I have had 2 casual jobs still on hmrc for 2 or 3 years, even though having p45, and even though not worked for them for 3 years. Each year earnings showed nil.

[newjoiner86]

Hi,

Thank you for quick reply.

one last query before I go ahead and book my appointment.

Home office looks into records on HMRC to check employment continuity for 5years. May be my employer has not informed HMRC of my employment finish date ? .

Is this statement right ?

please confirm on this.

Many thanks in advance.

Did you go ahead with you ILR application? Could you please provide an update on the outcome as I'm in a similar situation as you and my 5 years would be completed in a few months.