ILR with 5yrs Tier2 with a gap

[sanhewa]

Hi
Cam to UK on Tier2 general visa with work permit in 2010 Nov.
Gap in employment for 4 month in 2013 sept to 2014 Jan.
No curtailment letter sent.
Can I apply for ILR now?

[iworker]

yes

[svasu]

No, as per Tier 2 policy guidance Point 260 Page 60

https://www.gov.uk/government/uploads/s ... 4_2016.pdf

unless i have misinterpreted the wordings..

[sanhewa]

Thanks for the comments.
I went through the document, is it the 60 days rule you are saying may affect me.
I was in UK, never received a curtailment letter (checked with the SAR), that means I have lived lawfully.
In my passport I had visa stamped till end of 2015, but when I lost the job, it means I looses my sponsorship isn't it?
I lost the job as I had to pass an exam. After passing I got a permanent job with the same employer.
Please advice me

[svasu]

I spoke with UKVI helpline staff regarding clarification on that one point and the person said that it is 60 days from receiving curtailment letter. If you have not received curtailment letter then you are still eligible to apply for ILR... I am now confused!!!!

From HO's perspective - does end of employment start when one receives curtailment letter?