Pls Help: Tier 2 to ILR - 66 day employment gap BUT 0 days Tier 2 gap

[sus110092]

Hi All

First up, thanks for your time and help. I appreciate it.

My story is below. Basically, I have an employment gap of 66 days, but NO gap in the Tier 2 application / grant between the two employers. I also have an unpaid holiday in between the two employers.

I want to apply for the ILR on 17 Nov 2017. Having read (and reread...and then read some more) 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 Nov 2017?

Cheers
S


16-Jan-12---------------------Joined Employer 1
16-Nov-12---------------------Tier 2 issued from Employer 1 (Valid till 2015)
19-Jun-14---------------------Tier 2 issued from Employer 2 (Valid till 2018)
26-Jun-14---------------------Last day at Employer 1
27-Jun-14 to 03-Jul-14------In the UK, waiting for joining date from Employer 2
04-Jul-14 to 23-Jul-14-------Holiday - Unpaid - Out of country
24-Jul-14 to 30-Aug-14------Back in the UK, waiting to joining date from Employer 2
31-Aug-14---------------------Joined Employer 2
17-Nov-17---------------------Apply for ILR?????

[CR001]

The 60 days employment gap is counted from the date of last employment to the date of new Tier 2 application. If I have read your post correctly, this does not apply to you.

[sus110092]

Many thanks CR001....I am guessing the unpaid vacation should be all right as per this part of the guidance...

Holidays taken on the conclusion of employment
Where an applicant’s continuous residence period includes time spent as a Tier 2
migrant or a work permit holder, annual leave can include a short holiday taken on
conclusion of employment, if the applicant made an immigration application to work
for a new employer within 60 days of the conclusion of the previous employment.

[sus110092]

Another quick question....one of the points for calculating continuous period is...

The continuous period requirement is the minimum amount of time which a migrant
must spend in employment or being active in the UK economy before being eligible
to qualify for ILR.

Between my two employers, although I had the new Tier 2 before I left my old employer, I was between jobs for 66 days - and out of the 66 days, 19 days out of the country.

Does this make me economically inactive and do you think it will have an impact on my application? Do I need to add 66 days to my 5 year period?

Again, many thanks for any help.

Cheers

[sus110092]

Anyone?

[zimba]

The 60 days is ONLY the days between the termination of the first employment and the 2nd Tier 2 application date Nothing to do with the date of employment starting

[desiwanderlust]

Hi sus110092,

I'm in a similar position and wanted to see how your process is going? I have no break between my visas, but want to take a holiday before joining employer 2...

[zimba]

Hi sus110092,

I'm in a similar position and wanted to see how your process is going? I have no break between my visas, but want to take a holiday before joining employer 2...

This will not be an issue from 11 Jan 2018 as the 60 days requirement will be removed

[CR001]

Hi sus110092,

I'm in a similar position and wanted to see how your process is going? I have no break between my visas, but want to take a holiday before joining employer 2...

This will not be an issue from 11 Jan 2018 as the 60 days requirement will be removed

Only for those with a COS and visa issued on or after 11 January 2018 as far as I understand.

[zimba]

Well the whole concerning paragraph will be removed from the rules. I do not see how if removed, such paragraph will remain in force afterwards.
Rules explicitly make these sort of things clear and mention the dates. In this case, it simply said that the paragraph must be removed

[sus110092]

Hi sus110092,

I'm in a similar position and wanted to see how your process is going? I have no break between my visas, but want to take a holiday before joining employer 2...

Hey .... got the ILR without any hiccups.

Thanks

[hbhatt]

Hi, Did you provide absence letter from all employers? What document did you provide for employment gaps?