Exceeded 60-day gap by 1 day while switching employers

[Cartwright]

Hi all

I'm in the process of putting together my ILR application (5-year Tier 2 Sponsored route) and having reviewed my HMRC employment history letter, it would appear that I exceeded the 60-day rule when I switched employers last year. I left company A on 21 January 2016 (termination date) and submitted new visa application on 22 March 2016, meaning I was one day too late! I was always aware of this rule and I remember urging the HR of new company (I have emails) to speed up the admin process - for reasons uknown they kept dragging their feet until the very last minute.

Needless to say this may cost me the ILR - what a shambles! What it means is that I'll be at the mercy of whoever handles my application on the day - not very encouraging. I'm seeing a lawyer soon but not sure how they can help with such a clear breach, even if its just by one day. I'm open to any suggestions.

I'm remaining positive but in the event things don't go well, can you advise on alternatives available to me based on immigration history?

- Tier 1 Student: Granted on September 2009
- Switched to PSW: Granted on March 2011 (2 years)
- Switched to Tier 2 general (Company A): Granted on November 2012 (3 years)
- Extended Tier 2 with Company A: Granted November 2015
- Switched Sponsors: Granted on 7 January 2016
- Switched Sponsors Again: Granted on 22 March 2016 (visa valid till 25 November 2018)

Many thanks

[poper]

I left company A on 21 January 2016 (termination date) and submitted new visa application on 22 March 2016, meaning I was one day too late!

My calculation works out to an exact 60 days and hopefully should be fine. Experts can comment
January - 10 days
February - 29 days
March - 21 days

[CR001]

I left company A on 21 January 2016 (termination date) and submitted new visa application on 22 March 2016, meaning I was one day too late!

My calculation works out to an exact 60 days and hopefully should be fine. Experts can comment
January - 10 days
February - 29 days
March - 21 days

I got 61 days on the wwwtimeanddate.com website and am not sure if HO would count from 22nd January, i.e. date after last working day.

[Cartwright]

That was also my rationale, hence I got 61. Interesting debate but in any event I plan to highlight this issue and try to motivate why I fell short and provide some email evidence (unreasonable delays that were out of my hands). Its a long shot but I'll have to try.

Poper, lets hope the case worker uses your interpretation on the day