60 day gap in employment

[drrushabh]

Hello All,

The timeline of my stay is as below:

01/05/2013 Tier 2 General granted
20/02/2015 Made redundant
09/04/2015 Tier 2 General refused
20/05/2015 Tier 2 General granted
27/05/2015 New employment begins
03/09/2016 Made redundant
17/10/2016 Tier 1 Exceptional Talent granted
25/11/2016 Current employment begins

I have a gap of 96 days in the 5 years stay from 20/02/2015 to 27/05/2015.

I am aware that the rule 245AAA(b) has been deleted but I read in few articles that it may still apply if the leave was granted before 10th January 2018.

Please advise.

Many thanks.

R

[CR001]

You read wrong. It does not apply anymore.

My understanding is that you need either 3 years or 5 years on Tier 1 ET to qualify for ILR. You can't use the Tier 2 time.

Eligibility

You can apply if you were endorsed in your field as either:

a recognised leader (‘exceptional talent’) - you must have been living and working in the UK on this visa for at least 3 years
an emerging leader (‘exceptional promise’) - you must have been living and working in the UK on this visa for at least 5 years

You must also:

have spent no more than 180 days outside the UK in any 12 month period (known as continuous residence)
still be endorsed by the organisation that gave you the letter of endorsement to get a visa
still be doing paid work in the field you came to the UK to work in

[drrushabh]

You read wrong. It does not apply anymore.

My understanding is that you need either 3 years or 5 years on Tier 1 ET to qualify for ILR. You can't use the Tier 2 time.

Eligibility

You can apply if you were endorsed in your field as either:

a recognised leader (‘exceptional talent’) - you must have been living and working in the UK on this visa for at least 3 years
an emerging leader (‘exceptional promise’) - you must have been living and working in the UK on this visa for at least 5 years

You must also:

have spent no more than 180 days outside the UK in any 12 month period (known as continuous residence)
still be endorsed by the organisation that gave you the letter of endorsement to get a visa
still be doing paid work in the field you came to the UK to work in

Thank you for your reply.

So 60 days condition has been deleted and does not apply, which is a good news.

I have checked that for ILR on Tier 1 ET, time spent on Tier 2 General counts. Please see point 85 on page 16.

https://assets.publishing.service.gov.u ... 12.01_.pdf

And here 245BF https://www.gov.uk/guidance/immigration ... sed-system

[drrushabh]

Hello,

Is my understanding correct that I can apply for ILR and the time spent on T2G will count towards it?

Many thanks.

R

[CR001]

If that is what the rules and guidance says, then I suppose so yes. I don't personally have any experience with Tier 1 ET.

[drrushabh]

Thank you, I will see if I can get it confirmed from a solicitor.