Tier 2/ ILR – question about gap in employment

[mouche202]

Hi,

I’m hoping senior members can provide some guidance. My husband is on Tier 2 visa with employer A. He has got a new job with Employer B who have issued the COS through their immigration agents. These agents do not do premium appointments so they will be sending the papers by post – which I guess will take at least 4-6 weeks. For some reasons employer A is not likely to retain my husband for that long. So there may be a gap between the last day of work at employer A and the stamped date of the Tier 2 for employer B.

My husband is eligible for PR and was planning to apply after starting the new job. However, will this gap be considered a gap by the home office since the postal application will reach home office before his last day at work for employer A. Basically what I am trying to find out is will Home Office consider that application was made before last day of work so no gap? Or will they see it as application was approved after last day of work so gap?

Thank you.

[geriatrix]

As long as the new Tier 2 application reaches UKBA before expiry of current leave, there is no gap in residency and therefore will not affect settlement application.


regards