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Gaps between Tier 2 visa affecting ILR?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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roxhh
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Joined: Wed Mar 07, 2018 8:44 am
Hong Kong

Gaps between Tier 2 visa affecting ILR?

Post by roxhh » Sat Jan 25, 2020 2:51 am

Hi all,

I have an urgent question that needed some expert to help me out!

I've not reached my five years but just wanted to clarify whether or not I will still be eligible.

My problem is I was sponsored in Jan 2017 and then I left my work in Feb 2018. I managed to get the job before I leave but the labour market test was taken place in Feb and I eventually applied for the new Tier 2 visa at the end of March. However, I got rejected and received the result at the beginning of April 2018. I then submitted an administrative review which then approved my application. So I received my new visa and started to work in May 2018.

Recently my new visa expired and I've just submitted a new visa application with the same employer. However, I'm wondering the gap I had when I was switching employers is over 60 days and there will also be a gap between my visa application date and the date I'm grated with the new visa. do these gaps affecting my continuously working in the UK under Tier 2 visa? Will I still be eligible to apply for ILR? How do I calculate the continuous working time? Is it based on the time you first applied for your visa or based on the date the visa is granted

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zimba
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Re: Gaps between Tier 2 visa affecting ILR?

Post by zimba » Sat Jan 25, 2020 3:54 am

The 60 days gap limit was removed from the rules in Jan 2018
Simply use the initial visa issue date for ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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