Gaps between jobs under COVID-19 for future ILR application

[hp257]

Hi,

I am aware that ILR application requires continuous lawful residence in the UK and it is recommended to resign from the previous job after receiving BRP for the new job. However, this seems unfeasible under the current situation of COVID-19. For example,

1. My current Tier 2 visa expires next year in July 2021;
2. My new job will start from 1 Oct 2020, and according to home office's new policy, applicants can start working for the new employer before receiving decision under current situation;
3. Given the situation of UKVCAS, it seems unlikely to get new visa approved before the start date of the new job, assume the new visa is approved in 1 Dec 2020.

My question is:

is the time between 1 Oct 2020 (new job start date) and 01 Dec 2020 (visa approval date) considered as a gap between my residence and leads to refusal of ILR application in the future?

Thanks very much in advance!

[CR001]

Lawful residence is having valid visa.

The backlog is likely to be complete by then so the concession that you can start working for new employer once cos is assigned and application submitted might be withdrawn by then and the normal rules will apply.

There is also no employment gap restriction rule either.

[hp257]

Lawful residence is having valid visa.

The backlog is likely to be complete by then so the concession that you can start working for new employer once cos is assigned and application submitted might be withdrawn by then and the normal rules will apply.

There is also no employment gap restriction rule either.

Thank you very much for your kind reply May I further ask if the concession is not withdrawn by then, and when I start work for the new employer, my current employer informs UKVI to cease my current Tier 2 visa (sponsored by the current employer), will this result in invalid visa between leaving current employer and approval of the new visa? Assume new COS is granted and new visa application is submitted before my current employer contacts UKVI.

Thanks very much!

[CR001]

Lawful residence is having valid visa.

The backlog is likely to be complete by then so the concession that you can start working for new employer once cos is assigned and application submitted might be withdrawn by then and the normal rules will apply.

There is also no employment gap restriction rule either.

Thank you very much for your kind reply May I further ask if the concession is not withdrawn by then, and when I start work for the new employer, my current employer informs UKVI to cease my current Tier 2 visa (sponsored by the current employer), will this result in invalid visa between leaving current employer and approval of the new visa? Assume new COS is granted and new visa application is submitted before my current employer contacts UKVI.

Thanks very much!

No!