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ILR refused - gap in employment > 60 days

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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rr517
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Posts: 2
Joined: Wed Dec 28, 2016 12:40 pm

ILR refused - gap in employment > 60 days

Post by rr517 » Wed Dec 28, 2016 1:05 pm

Hello,
My ILR application was recently rejected due to gap in employment being greater that 60 days between previous employment and current employment. My termination date of previous employment was 3rd Sept, 2014 and their sponsorship end date was Oct 25, 2014. I did not get a curtailment letter and so when my next sponsor applied for Tier 2 on Nov 20, 2014, since it was within 28 days ( calculated from 25th Oct,2014) it was approved. However now when I applied for my ILR, i was refused on grounds that days between Sept 3rd and Nov 20 is 79 days so more than 60 days and hence refused.

I am a bit confused as to whether Oct 25th would be end of employment or 3rd Sept which is last day of work although they continued sponsorship until 25th October. Also because I was made redundant, my previous employer paid me 1 month notice period salary in september but didnt want me to work notice period starting 3rd september to 3rd October. I was not given appeal during my ILR refusal. My current Tier 2 is valid till Oct,2017.

Does anyone know what constitutes end of employment? Is it end of sponsorship or last day of work?

aussieaaron
Newly Registered
Posts: 2
Joined: Fri Jan 06, 2017 4:51 pm

Re: ILR refused - gap in employment > 60 days

Post by aussieaaron » Fri Jan 06, 2017 6:19 pm

Hi,

I was wondering if you had any luck with appealing this decision or re-applying?

I'm preparing my ILR application at the moment and am concerned about the 60-day rule. My past visa was never been curtailed either.

Thanks very much

rr517
Newly Registered
Posts: 2
Joined: Wed Dec 28, 2016 12:40 pm

Re: ILR refused - gap in employment > 60 days

Post by rr517 » Fri Jan 06, 2017 10:05 pm

I did not appeal as that option was not available to me. I have made a Subject Access Request to home office to receive information on whether curtailment was sent to me and the date that was informed to home office as my last day. Once I have this information, I will decide if I can reapply or not.

poper
Diamond Member
Posts: 1060
Joined: Mon Aug 13, 2012 11:45 am
India

Re: ILR refused - gap in employment > 60 days

Post by poper » Fri Jan 06, 2017 10:10 pm

What exactly was mentioned in the refusal letter?
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

be123+
Junior Member
Posts: 75
Joined: Fri Jan 06, 2017 1:35 pm

Re: ILR refused - gap in employment > 60 days

Post by be123+ » Mon Jan 09, 2017 10:00 am

poper wrote:What exactly was mentioned in the refusal letter?
Are you also applying for ILR? If so, When did you apply it?

Thanks

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