Tier 2 Curtailment / ILR elibility

[syilmazer]

Dear all,

I am opening a new topic as it's extremely difficult to find a similar scenario. I am soon planning to apply for ILR but having difficulty in calculating the 28 days before I complete 5 years. Here is the situation for my very first Tier 2 visa (I changed companies over time and my current Tier expires in 2021)

-Certificate of Sponsorship Date Assigned: 25.11.2015 and it says "work start date" on that: 01.01.2016
-Tier 2 General BRP card has date of issue: 13.01.2016
-I officially started my job: 09.11.2015

So, I am extremely confused as to determine which date I should start counting...?

Many thanks for your help in advance,
Enes

[zimba]

The five year counts from the date of first visa approval. When was you visa approved and how did you start in 2015 ?!

[syilmazer]

Thanks Zimba, I came to UK for studies first in 2014. So, my first visa was Tier 4 and then I switched onto Tier 2 but Tier 4 visa does not count towards 5 years continuous residence. Therefore, I have got the various dates as above for my Tier 2 and I am confused.

[CR001]

Your ilr qualifying residence starts from the date your tier 2 was issued, 13.01.2016. you can apply for ilr no sooner than within 28 days before 13.01.2021.

Your cos assign date and work start date is irrelevant.

[syilmazer]

This is so helpful, many thanks for your help and guidance!

[syilmazer]

Hi there, thanks again for your reply. Could you please let me know if this is written within ILR application guidance?

[zimba]

Hi there, thanks again for your reply. Could you please let me know if this is written within ILR application guidance?

There is no such thing as ILR application guidance. All advice given to you is based on the immigration rules. The 28 days concession is merely a concession made UKVI that applies to all ILR applications.

[syilmazer]

Ok that's exactly what I am looking for. Is there a rule explicitly saying the 5 years continuous residency starts with the "BRP card issue date" as part of Immigration Rules? Or is this based on experience and practice by UKVI?

Many thanks again

[seagul]

Ok that's exactly what I am looking for. Is there a rule explicitly saying the 5 years continuous residency starts with the "BRP card issue date" as part of Immigration Rules? Or is this based on experience and practice by UKVI?

Many thanks again

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period. Any absences between the date of
issue and entry to the UK are considered an allowable absence. This period will
count towards the 180 days allowable absence in the continuous 12-month period.
The applicant does not need to provide evidence to demonstrate the reason for
delayed entry.
If the delay is more than 180 days, you can only include time after the applicant
entered the UK in the continuous period calculation.

https://www.google.com/url?sa=t&source= ... 8107517435

[CR001]

It is explicitly stated by ukvi. You should read the "calculating continuous residence document".

https://www.gov.uk/government/publicati ... riod-in-uk

Unclear why you believe we are giving you incorrect information and facts.

[syilmazer]

Apologies for misunderstanding. I totally trust the information and the wealth of experience you got. This forum has been saving lots of people's time for sure! Thanks for your help again, I was just looking for the guidance.

Kind regards,

[syilmazer]

Dear experts and moderators,

Apologies in advance if this is a very similar topic to some of the others. I had read the forum and found really useful information but if you appreciate, all of the cases are slightly different than others. Also, I am planning to make my ILR application on my own. Hence, I want to make sure everything is alright. Here is my immigration history;

Tier 4 student visa --------> 17.09.2014 - 30.01.2016
1st Tier 2 general visa ----> 13.01.2016 - 14.01.2019
2nd Tier 2 general visa ---> 10.08.2018 - 16.09.2021
3rd Tier 2 general visa ----> 20.02.2020 - 13.01.2022

I was made redundant on 10.09.2019 during my employment with 2nd Tier 2 sponsor above. I had never received HO Tier 2 Curtailment Letter until I found a new job with the 3rd Tier 2 sponsor and my new BRP was issued on 20.02.2020. This was a period almost 5-6 months long.

My questions are;
1) I assume (reading through the forum) that I would be eligible to apply for ILR in January 2021 looking at above history without any problems?
2) If yes, would I have to explain Home Office regarding the employment gap (5-6 months)?
3) Do you recommend me to apply to ILR with a lawyer's help as my current company will only help me in providing the employment and absence letters but not the application process itself.

Many thanks, much appreciated.
Kind regards,
Enes

[zimba]

1. Yes
2. No
3. No need it is straightforward

[syilmazer]

Many thanks for your quick response! Much appreciated.