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Tier 2 Break in Employment - New Rules

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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KPSP
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Tier 2 Break in Employment - New Rules

Post by KPSP » Tue Dec 12, 2017 12:37 pm

Hi Guys,

I believe we can have 60 days of employment gap during your Tier 2 period while changing sponsors, but as per the new rules which were published on 7-Dec-2017 they are deleting paragraph 245AAA(b) which states below.

Any ideas how this will impact as I have a employment gap of 30 days.

New rules link - https://www.gov.uk/government/uploads/s ... LE__2_.pdf
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245AAA(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.
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Thanks

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CR001
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Re: Tier 2 Break in Employment - New Rules

Post by CR001 » Tue Dec 12, 2017 12:41 pm

An employment gap of 30 days would not have had any effect anyway even under the old rules.

As the employment gap is/was only relevant to ILR, there is already a discussion in the ILR sub forum on the rule changes.

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