Tier 2 Continues employment - New Rule

[inserioustrouble]

Hi All respected advisers,

I am currently on Tier 2 visa. I got my first tier 2 in Nov.2014. My five years on tier 2 will be completing in Nov.2019. Issue is I have more than 60 days gap in between my jobs multiple times. I been told from advisers that I will not qualify for ILR in Nov.2019 because I have gaps in my employment.

I been through many posts and other sources on Internet that this rule will be revoked from 11th Jan-2018? If that is the case then I should be qualify for ILR?

Please help me to clarify for this. Really in stress now a days.

Thanks in advance.

[makky86]

Hi All respected advisers,

I am currently on Tier 2 visa. I got my first tier 2 in Nov.2014. My five years on tier 2 will be completing in Nov.2019. Issue is I have more than 60 days gap in between my jobs multiple times. I been told from advisers that I will not qualify for ILR in Nov.2019 because I have gaps in my employment.

I been through many posts and other sources on Internet that this rule will be revoked from 11th Jan-2018? If that is the case then I should be qualify for ILR?

Please help me to clarify for this. Really in stress now a days.

Thanks in advance.

Whats your currenty T2 validity ?

[inserioustrouble]

Its expiring in Jan-2020.

[makky86]

Its expiring in Jan-2020.

Yes , this rule is going to be implemented from 11th Jan 2018. But unforunatley the rule will not cover any old Tier 2 holders

https://www.gov.uk/government/publicati ... ember-2017

See page 04

The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of this statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018.

As per my understanding if you switch to new employer after 11th Jan 2018 then you will be eligible for ILR as you'll be subject to new rules. But the guidance is not very clear so I suggest consult regulated immigration advisor.


http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx

[inserioustrouble]

Thanks alot Mkky86. So as I have 22-23 Months to complete my 5 years in Tier 2. If I change my employer after 11 Jan 2018 and get new tier 2 on new CoS, my ILR application will be treated as per new Laws?

All other respected advisers please share you understanding aswell.

[makky86]

Thanks alot Mkky86. So as I have 22-23 Months to complete my 5 years in Tier 2. If I change my employer after 11 Jan 2018 and get new tier 2 on new CoS, my ILR application will be treated as per new Laws?

All other respected advisers please share you understanding aswell.

Yees, that is pretty much understanding. You can read up the guidance yourself . I have shared the link. If you're not clear then you should consult with the regultaed immigration advisors.

http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx