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WP/ Tier 2 - ILR possible with gap?

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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mouche202
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Posts: 20
Joined: Thu Oct 29, 2009 2:20 pm

WP/ Tier 2 - ILR possible with gap?

Post by mouche202 » Mon Apr 19, 2010 2:31 pm

My husband entered UK on 14th July 2005. He has changed jobs many times and there are 2 gaps in his employment. First one is only 22 days so I think it is ok?

Second one - his P45 says last day of work is 24th Oct 2009. His offer letter from new job is dated 12th Nov 2009. But due to some issues in getting the CoS, Tier 2 was applied for on 10th Dec and stamped on 22nd Jan. In between we did not leave the UK and did not receive any notification to leave also.

We were planning to apply for ILR but will this gap be an issue? Also, he does not have P60 for 2009 or 2010 and he only has two P45s (he had a total of 5 jobs in the 5 years). Will this be a problem.
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geriatrix
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Post by geriatrix » Mon Apr 19, 2010 4:02 pm

As long as your spouse had valid leave to enter / remain in the UK during the time that short periods that he was unemployed, these gaps will not be a problem (for ILR).

regards
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senthil78
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Joined: Sat Sep 20, 2008 9:54 pm

Re: WP/ Tier 2 - ILR possible with gap?

Post by senthil78 » Mon Apr 19, 2010 7:05 pm

mouche202 wrote:My husband entered UK on 14th July 2005. He has changed jobs many times and there are 2 gaps in his employment. First one is only 22 days so I think it is ok?

Second one - his P45 says last day of work is 24th Oct 2009. His offer letter from new job is dated 12th Nov 2009. But due to some issues in getting the CoS, Tier 2 was applied for on 10th Dec and stamped on 22nd Jan. In between we did not leave the UK and did not receive any notification to leave also.

We were planning to apply for ILR but will this gap be an issue? Also, he does not have P60 for 2009 or 2010 and he only has two P45s (he had a total of 5 jobs in the 5 years). Will this be a problem.
you said that he applied Tier 2 visa on 10th dec, Did he have valid visa when he applied?
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mouche202
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Posts: 20
Joined: Thu Oct 29, 2009 2:20 pm

Post by mouche202 » Mon Apr 19, 2010 11:23 pm

Thanks for your feedback. Yes, his visa (leave to remain) was valid at all times so nothing to worry there.

Now the main problem is going to be him hanging onto his job till he is due for PR. His boss has taken a dislike to him and the probationary period is still not over so we are worried they will ask him to leave. If that happens we are really stuck.
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