Employment gap for settlement of Tier 2(G)

Hi
I have a question about the requirement for ILR of Tier 2 (G). Wish someone can be kind enough to answer

I first time entered UK on 1st July 2009 under Tier 2(ICT) and I extend my Tier 2 (ICT) on 2011 and 2012. It is expired on 25th July 2014.

On 29th May 2014 I submit my ILR application , but my previous company informed Home office they will transfer me to other country on and end my Tier 2(ICT) visa on 30th May 2014. I left my previous company on 27th June 2014. My ILR application is refused on 29th November 2014. I submit my appeal on 9th Dec 2014. On 5th March 2015 I withdraw my appeal and on 10th March 2015 I submit my new Tier 2(G) application. I was granted my Visa on 10th April 2015.

My question is If I can apply for Settlement of Tier 2(G). I have live in UK for 6 year continuously under Tier 2(ICT) and Tier 2(G). However there is a employment gap between 27th June 2014 to 10th April 2015. Even I was legally stay in UK during this time. I check the rule below that there is a requirement for the 60days gap limitation between employment

245AAA(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a highly skilled migrant, a Businessperson, an Innovator, an Investor, a self-employed lawyer or a writer, composer or artist, the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor

Could anyone help clarifying my concern?

Many thanks

Hi,
How did u stay in the uk during this gap period ? I mean which visa you wer in then ?

I submitted my settlement of Tier 2(ICT) on 29th May 2014 , and then I hold Tier 2(ICT) Visa until I withdraw my Appeal of my settlement application on 5th March 2015. But I left previous company on 27th June 2014.

On 10th of March I submit a new Tier 2(G) Visa and Visa was granted on 10th April. Now I am hold my Tier 2(G) until 2018.

Hi

Is there any some one kindly can help me about my concern ?

Hi

Is there some one kindly can help me about my concern ?

Sorry to say, since you were not employed during June 2014 and April 2015 it breaks your continious residence. Also its a requirement for ILR on Tier 2 to be employed when making an application for ILR. So now you have to wait till you complete 5 years on your new Tier 2 G.( Meanwhile sometime you may complete 10 years route ).

Thanks

Hi ravi_ei

Thanks for you reply.

But My Tier 2(ICT) visa extended automatically from May 2014 to April 2015 , as I submit a ILR application on 29th May 2014. So I think I still meet the requirement for '5 years Lawful stay in UK '.

Could you please give me more explanation ?

Problem here is that you resigned from your job( when you were on ICT ) and your previous employer reported it to Home office. From that point home office would have started a process to curtail your Tier 2 ICT visa based on the request from your previous employer. That is the main issue here.

What was the reason mentioned by home office for your ILR rejection?

Hi ravi_ei

The reason for my last ILR refusal is my previous company informed Home office that they will locate me to other country. But this information to Home office is after my ILR application so my Tier 2 (ICT)Visa continue until April 2015 even my previous company informed Home office. I was lawfully stay in UK during that time.From the point Visa period I have continue stay in UK from July 2009 until now.

Now I am holding a new Tier 2(G) Visa. When I apply my new ILR application please advise if I can combine the period of my Tier 2(ICT)

When you made an application for ILR you stay was lawful there is no question about it. But for ILR via Tier 2 there is a requiremnt that you are required for the job under which you have got Tier 2. But your employer reported that you were not required in UK for the job because they wanted to send you to another location. Hence they denied your ILR. Also the same TIer 2 ICT visa for any new application for ILR under Tier 2 route considering your previous stay on Tier 2 ICT.

Hi ravi_ei

I can understand why I was refused in my last ILR application. But during June 2014 to March 2015 I was waiting for my previous ILR result . After my application refusal , I found a new job and granted my new Tier 2(G) visa. My current company can state that they will require me in future . I checked all the requirements for ILR under Tier 2(G) but I didn't find any rule about the gap for employment (Not a Visa gap as my visa continuously stayed in UK ).

Please advise.

Please check section 245GF (e) (ii) in the document below:

https://www.gov.uk/government/uploads/s ... _final.pdf

(e) The Sponsor that issued the Certificate of Sponsorship that led to the applicant's last
grant of leave must:
(i) still hold, or have applied for a renewal of, a Tier 2 (Intra-Company Transfer) Sponsor
licence; and
(ii) certify in writing that:
(1) he still requires the applicant for the employment in question, and
(2) the applicant is paid at or above the appropriate rate for the job as stated in the
Codes of Practice in Appendix J, or where the applicant is not paid at that rate
only due to maternity, paternity or adoption leave, the date that leave started and
that the applicant was paid at the appropriate rate immediately before the leave.


Because your employer informed UKVI it is clear to UKVI that you were not required for the job. This invalidates your five year stay for ILR on TIer 2 ICT.

Also just want to mention here that I am not an immigration expert. I am just telling you what I can understand from the part-6a of immigration document. But you should consult an immigration lawyer as your case has become complex. Even if you make an application for ILR on tier 2G + ICT, it will be difficult for you to defend yourself if Home office refuses on the reasons which I am mentioning. So if you are willing to go for an ILR application first consult an immigration lawyer.