Continuous Residence - 60 Days Employment Breaks - Tier 2G - Applying for ILR

Dear Forum members,

Hope all are well? I need some clarification as I am soon to apply for my ILR and the question I am about to ask might have been answered previously but flicking through the page on this forum, I am unable to get a conclusive answer so, I hope I am able to get some help here.

A little summary before we proceed -

I've been on Tier 2G since 23-May-2012 and had been sailing through it with employment changes in between until last year when things turned ugly.

I was made redundant on 28-Jul-16 as the company was closing its doors for good. The salary due for July along with redundancy pay never got paid thus no Payslip and P45 was issued as the company filed for insolvency in on 31-July-16. Fortunately, I recovered the monies through the Government Insolvency services. Anyway, I was into another employment and applied for new Tier 2 visa on 2-Aug-16 and the PEO visa was approved on 05-Sep-17. The gap between the end date of previous employment and date of new application was 27 Days.

The second employment quested started on 09-Sep-17 came to an end abruptly by terminating the contract due to layoffs on 28-Mar-17. I managed to find another employment in May and applied for yet another PEO Tier 2 application on 22-May-17 and got the application approved on 31-May. I started working with the employer on 13-June-17. The gap between the last date of employment and visa application date was 56 days.

I have paid for ILR PEO application on 21-Sep-17.

The questions are:

• Does it break the 5 years continuous residence?

• Do I have to leave these days out for the 5 years calculation? if so, do I have to take in consideration the visa applications dates for the last two employment? for example - I applied for ILR on 21-Sep-17 so, shall I count 5 years from 23-May-2012 until 21-Sep-17 leaving these 83 days?

• Do I break the 60days break clause - as I started working with the employer 2 post 60 days?

• Shall I provide a cover letter explaining the circumstances that I do not have all payslips for the last 12 months in continuation?

• I gave my life in the UK test in February 2017 (as I was hoping to apply for ILR in May 2017 but that did not happen) - Is my Test result still valid?

• A Document on the ILR form asks - For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules - What Documents are required here? Can I provide the Approval letter from previous T2 General PEO appointments stating the application was approved?

I look forward to receiving your help.

Many Thanks,
sumlak

Hi Forum Experts, could someone please reply to the questions raised. I really need some help?

Thank you in anticipation.

• Does it break the 5 years continuous residence?

No. It does not since you had less than 60 days gap switching to sponsor

• Do I have to leave these days out for the 5 years calculation? if so, do I have to take in consideration the visa applications dates for the last two employment? for example - I applied for ILR on 21-Sep-17 so, shall I count 5 years from 23-May-2012 until 21-Sep-17 leaving these 83 days?

If T2 issue date is 23rd May 2012 you could have applied 28 days prior to that. That means sometime end of April. Why didn't you apply?

• Do I break the 60days break clause - as I started working with the employer 2 post 60 days?

• Shall I provide a cover letter explaining the circumstances that I do not have all payslips for the last 12 months in continuation?

No. I already answered this.

• I gave my life in the UK test in February 2017 (as I was hoping to apply for ILR in May 2017 but that did not happen) - Is my Test result still valid?

Yes, Life in uK do not expire. Just make sure you still have original copy

• A Document on the ILR form asks - For the period before you were granted leave as a Tier 2 migrant, documents showing that you met the relevant requirements of the immigration rules - What Documents are required here? Can I provide the Approval letter from previous T2 General PEO appointments stating the application was approved?

You don't have to. They have all the immigration history.

You still will have to be on £35K per annum to be eligible for ILR. You need letter from employers if you have been out of the UK during T2.

• Letter from current employer confirming you will still be required for "foreseeable future"
  3 months bank statements
  3 months pay slip

Hi @makky86. A huge thanks for replying to my queries.

I was due to apply in April but then I lost my job and you got to be on a live tier 2 sponsorship before you could apply for ILR. It took me until June to get into new employment and I had no option apart from waiting to complete three months so, I can get last 3 payslips.

I do satisfy the salary criteria as per the SOC code and I have all other docs you mentioned ready for my appointment.

Many Thanks,
Sumlak

sumlak wrote: ↑

Tue Sep 26, 2017 7:52 pm

Hi @makky86. A huge thanks for replying to my queries.

I was due to apply in April but then I lost my job and you got to be on a live tier 2 sponsorship before you could apply for ILR. It took me until June to get into new employment and I had no option apart from waiting to complete three months so, I can get last 3 payslips.

I do satisfy the salary criteria as per the SOC code and I have all other docs you mentioned ready for my appointment.

Many Thanks,
Sumlak

OK , best of luck sir