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60 days GAP? 2 curtailment letters

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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jimjace
Newly Registered
Posts: 9
Joined: Sat Dec 24, 2011 1:55 am
Location: Sheffield

60 days GAP? 2 curtailment letters

Post by jimjace » Mon Feb 13, 2017 6:23 pm

I have posted the same Question in Tier-2 Section aswell.
Thanks to everyone in advance for your time.

I want to apply for ILR Set(O) under Tier-2. My summary is below followed by one eligibility question.

Current Visa Expiry:14/02/2018
Current Salary: £35000 (since 01/01/2017)
Current SOC Code:2136 Computer Programmer
5 Years Same Job, Same Code, Same employer
First Tier-2 Visa: 14/02/2012
Second Tier-2 Visa Issue:12-01-2015
3rd Tier-2 Visa Issue: 03/06/2016
Life in the UK Test: Passed
English Language: UK Bachelor’s Degree


During my second Tier 2 extension leave (from 2015 to 2018) my Sponsor forgot to renew their license which was due in September 2015 so my Visa was curtailed. The first curtailment letter was issued on 22 March 2016 (28 May 2016)curtailment date but was never delivered to me, and I discovered about it on Liverpool Airport on 26/03/2016 after returning from a holiday. After checking with Home office whether I was still able to work or not during the curtailment period, my employment was terminated on 4 April 2016. In the meantime I received another curtailment letter issued on 03 May 2016 which had a visa curtailment date of 05-July-2016. My Sponsor applied for a new Sponsorship and then I reapplied on the new CoS and got a new BRP 03/06/2016 at Sheffield Premium Service Center (same day application) back again for the same employer and same job before my curtailment expiry date of 05/07/2016, my current BRP expires on 14-02-2018.


My basic question is am I eligible to apply for ILR under 5 year continuous stay and continuous employment? but the answer to this question relies on the following technical parts

1) What is the status of first curtailment letter?

2) My job termination date was 4 April and new visa same day application was 3 June. Would this be considered continuous employment?

3) If I go ahead and apply for the same day application, what should I mention in my cover letter? Should I include the curtailment letter copy or just mention its dates etc? Should I mention the 60 days Gap situation at all?


Thank you very much guys
Regards
Jim

jimjace
Newly Registered
Posts: 9
Joined: Sat Dec 24, 2011 1:55 am
Location: Sheffield

Re: 60 days GAP? 2 curtailment letters

Post by jimjace » Wed Feb 22, 2017 8:04 pm

Can someone reply my post please

JoeLawerence2
Junior Member
Posts: 72
Joined: Thu Jan 14, 2016 3:24 pm
India

Re: 60 days GAP? 2 curtailment letters

Post by JoeLawerence2 » Wed Mar 15, 2017 4:26 pm

I think you should be eligible for ILR. Apply for it and see, but don't mentions regarding the 60 day gap as it is not required.

BertramW
Newly Registered
Posts: 2
Joined: Sat Apr 08, 2017 10:00 am

Re: 60 days GAP? 2 curtailment letters

Post by BertramW » Sat Apr 08, 2017 10:07 am

Hi JimJace,

Did your employer have to carry out a RLMT prior to your Tier 2 renewal application on 03/06/2016 or were you able to claim an exemption based on the fact that you were working for the same employer in the same job?

Thanks,
Bert

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