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Meaning of continuous employment as ILR condition

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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eager2learn
Member
Posts: 144
Joined: Wed Apr 22, 2009 4:28 pm

Meaning of continuous employment as ILR condition

Post by eager2learn » Sun Dec 27, 2009 12:57 pm

Dear All,
I would like to inquire what exactly is the meaning of continuous employment for 5 years as ILR precondition. Is it the continuation of work visa or continuation of actual work? If someone changes job, how much gap is allowed between the leaving of that job to joining in the new job?

Also if someone has a gap in work visa i.e. his visa finished in march for his old job but for his new employer to get the license and issue a COS it took a month longer, he applied from his home country and get the visa in april. Will it be considered "discontinued" then and his clock for 5 years restarted?

eager2learn
Member
Posts: 144
Joined: Wed Apr 22, 2009 4:28 pm

Re: Meaning of continuous employment as ILR condition

Post by eager2learn » Wed Dec 30, 2009 12:09 am

Can anyone help?

ChetanOjha
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Posts: 2771
Joined: Thu Dec 28, 2006 12:49 am
Location: London
United Kingdom

Re: Meaning of continuous employment as ILR condition

Post by ChetanOjha » Wed Dec 30, 2009 12:28 am

eager2learn wrote:Dear All,
I would like to inquire what exactly is the meaning of continuous employment for 5 years as ILR precondition. Is it the continuation of work visa or continuation of actual work? If someone changes job, how much gap is allowed between the leaving of that job to joining in the new job?

Also if someone has a gap in work visa i.e. his visa finished in march for his old job but for his new employer to get the license and issue a COS it took a month longer, he applied from his home country and get the visa in april. Will it be considered "discontinued" then and his clock for 5 years restarted?
It's the continuation of work visa as well as economic active during the ILR eligibiltiy period.

You cannot have more than 28 days gap between the expiry of one visa and application of another visa(by your new employer).

eager2learn
Member
Posts: 144
Joined: Wed Apr 22, 2009 4:28 pm

Re: Meaning of continuous employment as ILR condition

Post by eager2learn » Wed Dec 30, 2009 1:00 am

chetanojha wrote:
eager2learn wrote:Dear All,
I would like to inquire what exactly is the meaning of continuous employment for 5 years as ILR precondition. Is it the continuation of work visa or continuation of actual work? If someone changes job, how much gap is allowed between the leaving of that job to joining in the new job?

Also if someone has a gap in work visa i.e. his visa finished in march for his old job but for his new employer to get the license and issue a COS it took a month longer, he applied from his home country and get the visa in april. Will it be considered "discontinued" then and his clock for 5 years restarted?
It's the continuation of work visa as well as economic active during the ILR eligibiltiy period.

You cannot have more than 28 days gap between the expiry of one visa and application of another visa(by your new employer).
thanks greatly for the response chetanojha. So incase I have to go back to my home country when my visa finishes, I have to get the new visa within 28 days from that date for the ILR eligibility of continuous employment? Is there any place where this condition is mentioned?

ChetanOjha
Moderator
Posts: 2771
Joined: Thu Dec 28, 2006 12:49 am
Location: London
United Kingdom

Re: Meaning of continuous employment as ILR condition

Post by ChetanOjha » Wed Dec 30, 2009 9:50 am

If your new employer apply for your visa before your old visa expires (or asap) than you don't need to apply fresh. You can simple transfer WP to new employer.
Useful link
eager2learn wrote:
chetanojha wrote:
eager2learn wrote:Dear All,
I would like to inquire what exactly is the meaning of continuous employment for 5 years as ILR precondition. Is it the continuation of work visa or continuation of actual work? If someone changes job, how much gap is allowed between the leaving of that job to joining in the new job?

Also if someone has a gap in work visa i.e. his visa finished in march for his old job but for his new employer to get the license and issue a COS it took a month longer, he applied from his home country and get the visa in april. Will it be considered "discontinued" then and his clock for 5 years restarted?
It's the continuation of work visa as well as economic active during the ILR eligibiltiy period.

You cannot have more than 28 days gap between the expiry of one visa and application of another visa(by your new employer).
thanks greatly for the response chetanojha. So incase I have to go back to my home country when my visa finishes, I have to get the new visa within 28 days from that date for the ILR eligibility of continuous employment? Is there any place where this condition is mentioned?

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