COVID-19 Impact on ILR

[goodfaith55]

Hi,
Before the recent changes, tier 2 visa holders with more than a 60 day gap between job roles prevented Tier 2 Visa holders from meeting the criteria to apply for indefinite leave to remain ILR after five years.

However, under the new rules, Tier 2 Visa holders with more than 60 days between Tier 2 job roles may still
be eligible for ILR when they have served five-continuous years of employment.

Is this rule applicable to all the candidates who got their Tier 2 visa before the rule change?

For example:
I came to the UK on Tier 2 Visa in Sept 2015 and soon after few months had to change my sponsorship to a different Umbrella company in 2015 itself.
The gap between termination of employment from previous employer and joining the new employer was more than 60 days (Although my leave to remain was still valid and I never received any curtailment letter from HO).
As per the 5 years continuous stay in UK I am due for ILR in August 2020. Should I be worried about the gap of more than 60 days or am I safe as per the new law?

I would really appreciate your comments and response on this subject.

Many thanks

[CR001]

It applies to all tier 2 general applicants!!

[goodfaith55]

Thanks for your response CR001, much appreciated

Just so that I understand this correctly

1. Regardless of when you had the more than 60 days employment gap (before or after 11/01/2018), any Tier2 General to ILR application made after 11 Jan 2018 will be decided on the basis of new rules and you will be eligible for ILR after 5 years.

2. You do not have to explain the gap and non payment of tax and NI during this gap in a letter when applying for ILR

Is that correct?

[CR001]

Correct

indefinite-leave-to-remain/great-news-6 ... 44892.html

[goodfaith55]

Hi,

First of all thanks to all the moderators here for doing such an amazing job in helping people. We all really appreciate your support and guidance.

Background:
Hold T2G Visa expiring Aug 2021
Eligible for ILR in June 2020
Currently on Furlough since 18th March. Eligible to receive £2500 pm.
CoS Salary = 39,000 PA
Job listed in SOL

Query:
1. Can I apply for ILR using Furloughed salary (£30,000 PA) payslips?
As per the HO guidance you are exempt from minimum earnings threshold if your job is listed in the SOL, you don't have to earn £35,800.
https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa

2. If I change my T2G sponsor before June 2020, is it best practice to ideally hold on and work for your new employer for atleast 3 months before applying for ILR (once eligible) or is one month working sufficient?

Many thanks in advance!

[zimba]

There are no relaxation of the ILR rules. UKVI said that furloughing an employee should be temporary. So you need to go back to work and get paid normally as per your COS to apply for ILR under Tier 2. Your employer must need you for the foreseeable future. If you change your sponsor, you need at least a month worth of salary payslips

[goodfaith55]

Thanks Zimba, much appreciated.