60 day rule removed for ILR

[confused_bun]

Hi guys,
I am unable to post on the previous post with this topic, hence asking a question here.Went through it ,but did not understand or find the following discussed.

I understand that the 60 day rule has been removed, however, the rule ends with a very vague statement.
".................a Tier 2 migrant who is no longer working for their Sponsor is subject to curtailment."

I do not understand what this implies. Does it mean that if you leave your job then your visa will be cancelled by home office anyway?
Because then that is still another way of saying that we need a sponsor until we get ILR. so if we leave our job with our first sponsor, do we need to re-apply and find a new sponsor, who will take us into our ILR date?
And if we do not have a job, lets say for 6 months before the ILR, and we did not manage to find a new job, we have no sponsor, and our visa would be cancelled by home office. So we would be 'illegal' in the UK?
Please advice guys.
Thanks

[CR001]

You're confusing two different things.

The max 60 days employment gap has been removed.

The 60 days curtailment if you leave a sponsor has not.

For ILR, you must be employed with a sponsor otherwise you do not qualify for ilr.

[confused_bun]

Thank you CR001.
So if your employment ends on feb 2022, and you are due to start with another employer on August 2022, and you are supposed to apply for ILR in Aug 2022, you are okay? That 6 month unemployment gap would not count?

[CR001]

There is no minimum employment gap, however there is no guarantee you won't get a curtailment letter before 6 months. If you get a curtailment letter, you have 60 days to apply for a new visa

You also cannot do any work at all if you leave your sponsor.

You need at least 1 months payslip and bank statement from a new skilled worker sponsor before you can apply for ilr.

[confused_bun]

Dear CR001,
I hope you are well.
A new question has arisen in my quest for ILR and having asked around and having found no solution, I thought of this forum.
So following this conversation, we understand that there is no more 60 day day however we may receive a curtailment letter in less than 6 months and that gives us 60 days to apply for a new job.
So my hypothetical situation is thus: (all dates 2022)
-current job ends jan 31st
-new job starts aug 1st
-HR starts processing documents for August job in April,possible also going to apply for new BRP in April.
-BRP received immediately (will apply urgent)
-BRP says validity starts on AUG 1st.
-Continue to not work until Aug 1, but have already secured a job and albeit have not started it, papers are being processed/Processing completed by April/May maximum
How does this affect ILR?
Thanks

[zimba]

It does not affect ILR.

[ywlgy]

When does your current visa expire? You need to submit the application before that. Also, for a job starting on 1 August, the earliest time you can apply is 1 May.

[confused_bun]

my current visa does not expire for another 3 years...oh right... so i guess May then...
so if i quit my current job end of jan,my current employer will notify home office.
considering my curtailment letter arrives in less than 60 days (lets say before end of March), what are my options?
do i need to find a job within 60 days of the date on the curtailment letter?
And like i said, if my august job is secure, but i cannot start application until may, that is another 45-60 days. can i continue to stay unemployed while waiting for my august job to start without affecting my ILR?
thank you

[zimba]

There is no such a thing as 60 days rule. You need to get the 60-day thing out of your head. You get to apply for a new visa until you have a valid visa. Curtailment means your visa validity will be shortened and you get a new expiry. Curtailment may or may not happen. If it happens they may shorten your visa to 60 days. Period of unemployment have no effect on ILR

[confused_bun]

hello again
thank you for your reply
yes i do understand there is no 60 day rule.
so (worst case scenario) if my visa gets cut down to 60 days past jan 31st = so march 31st.
and my new job starts in august, and i cant apply for the new visa until May...that leaves me without status for april+may. the new BRP will state that the visa begins from august 1 (as thats when the job starts).
what is my status in this time period between jan and aug?
i am sorry, i am asking the same thing over and over as i don't feel i have any answer at the minute.and if my legal status is affected, i need to find a job now, for 6 months between jan 31st and aug 1st...

[zimba]

If your visa is curtailed to the end of March and you are unable to apply for a new visa before then, you must leave the UK and apply for a new visa from your home country when possible. Your ILR clock can reset to zero if you will be applying more than 14 days after your visa expiry.

[confused_bun]

thanks
that was my primary concern, as i am due for ILR this august, and although have a job from august, my current job ends jan 31st