Tier 2 general- 60 day gap proof needed

[superhulk]

Hi all,

I am in bit of weird situation and need to understand what proof do I need to submit to prove gap in my employment was less than 60 days.

I was given T2G on April 13 by my sponsor X. Sponsor X is subsidiary of Company Y. My offer letter is on letterhead of Company Y.
In May 15 My company Y asked me to work from Ireland for a while and moved me to Irish payroll.
I was issued P45 in May15 but my T2G was never cancelled and I was coming regularly to UK for business purpose. I got new role with new company in Oct 15 and I got new T2G. While leaving my company Y I got my letter of absence on letterhead of sponsor X AND head office Y. Mentioning my end date as Oct 15.(Not May 15)

So now I have letter from my employer and sponsor stating that my end date is Oct 15 but also have P45 issued in May15. Will the letter from employer/sponsor be enough to prove that gap is less than 60 days?

Edit - Company Y is now merged with other company now. I recently received my employment letter on letterhead of merged company mentioning my end date as Oct 15

Thanks

[iworker]

Technically, you should not be able to apply for ilr, as u have had a gap of more than 60 days between employments (employment in Ireland is irrelevant to uk employment).
However, with the letter, if i were u, i would apply for ilr and try my luck as you dont have any other way around it.

[CR001]

So your company letter and P45 and tax records don't match.

[superhulk]

So your company letter and P45 and tax records don't match.

Yes. My company Y didn’t treat company X in Uk as a separate entity so all my employment with company Y is treated as a whole employment and I was employed with Y till Oct 15. Is it necessary that P45 and company letter match? Is p45 the only proof of end of employment or is it employment letter?

[superhulk]

Technically, you should not be able to apply for ilr, as u have had a gap of more than 60 days between employments (employment in Ireland is irrelevant to uk employment).
However, with the letter, if i were u, i would apply for ilr and try my luck as you dont have any other way around it.

Thanks for replying iWorker.
Isn’t short term secondment/ work allowed outside UK? I was out for less than 140days and was traveling in UK frequently and working from same office doing same role.
Will it help?

[CR001]

Well the ROI is not part of the UK at all so the letter is not accurate as you were not working in the UK during May and October 2015 (assuming you are not referring to Northern Ireland).

[superhulk]

Well the ROI is not part of the UK at all so the letter is not accurate as you were not working in the UK during May and October 2015 (assuming you are not referring to Northern Ireland).

Thanks for replying.
It is ROI and I am aware that ROI is not part of UK. But I do have letters mentioning my employment dates, so question is the letter important or P45?

[CR001]

HO check your HMRC records so will see the date of the P45 and employment end date.

[superhulk]

HO check your HMRC records so will see the date of the P45 and employment end date.

That’s what is bothering me. So what will take precedence letter from employer or hmrc records?

[CR001]

HMRC records.

[superhulk]

HMRC records.

That is concerning.. I have seen posts on this forum where people got away with employer letters .. do you think it’s worth taking chance?

[CR001]

That would be employer letters regarding absence not a letter stating you were employed in the UK when you were not.

[superhulk]

That would be employer letters regarding absence not a letter stating you were employed in the UK when you were not.

Thanks for quick reply. Really appreciated!!
Surprisingly my employer has given letters in such a way that my work in Dublin was treated as work related travel. Also I do have seperate employment letter mentioning my post and dates of employment

[CR001]

Your choice if you wish to apply. You lose the fee if it is refused though.