GAP in employment for ILR purposes

When I was made redundant when I was still in Tier 2 even though my Tier 2 visa is still valid for 2 more years, I immediately applied for Tier 1 visa within 25 days of being made redundant. However, the UK Border Agency sat on my application for 6 months before letting me know that they have rejected it because of incomplete bank statements. So I was not working for 6 months and within 1 week of knowing that I was rejected, I resubmitted my application for Tier 1 and was then successful. So by the time I apply for ILR, will it become a legal issue that I got rejected after 6 months? I am worried because there is a rule that people who lose their job in Tier 2 must leave the country within 28 days unless they make a new visa application. I did apply within 28 days but got rejected after 6 months, but then resubmitted my application within 1 week of being rejected. So during that 1 week period, was I staying illegal or would there have been another 28 days grace period to resubmit my application?

furthermore, assuming I was on Tier 2 for 2 years, then was not working for 6 months due to waiting for Tier 1 application result, then found out for rejected, then resubmitted and got my Tier 1 within 2 months, and have been working under Tier 1 since then, does the 6 month gap still count for ILR application purposes?

After getting the refusal, were you given the right of appeal? If yes did you also appeal?

nope there was no right of appeal. but i was successful in my second application. so was the 6 months gap, or that 1 week gap, gonna be a problem?

just a clarification that what I meant by Tier 2 is work permit, which was what it is called back in 2007 when i got it

would appreciate some replies here

any thoughts please?

when i got my rejection, does it automatically give me another 25 days grace period to resubmit? If that was the case, would there be no break in counting the 5 year period for ILR from Tier 2 to Tier 1 for my case?

You were not given right of appeal because in UKBA records you were holding a valid leave to remain. If the applicant visa has expired and application is refused then applicant is given right of appeal. To me this means that your employer had not reported to UKBA that you are no longer working for them.. So in UKBA records you were in possesion of valid leave or work permit.

This point would go into your favour when you apply for ILR. That time just supply your P60 from your employer for first 3 years and for the final 2 years, evidence of your earnings on T1G. Hopefully you should be alright. But there is nothikng else you can rectify to this issue. And if your application is refused apply for T1G extension instead and apply for ILR after 5 yeras of stay on T1G.

thanks so much for the reply

that helps clear my concerns...

my further concerns are:

yr to 2007 (in work permit) lost my P60 and payslips but P45 available

yr to 2008 (work permit): P60 available

yr to 2009 (Tier 1 General): P60 available (earnings stated however is not that high due to gap in employment when I got made redundant from my previous job and I was still waiting for 6-7 months for the results of my Tier 1 General application as stated in the above messages)

yr to 2010 (Tier 1 General): P60 available

yr to 2011 (Tier 1 General): P60 available

so as you can see from the list above, i have four P60 so far in hand. i have also applied for my Tier 1 General extension 6 months early because I am hoping I do not need the full 2 years extension in order to clock up 5 years in total (including my work permit years) to apply for ILR although as mentioned above I have worries regarding the 6 months or 1 week gap issue.

So my question is:

1. Would just having four P60 suffice based on situation above for ILR purposes? I heard somewhere that you only need P60 really for Tier 1 General but no need for work permit, but not sure if this is true.

2. For ILR, would the home office check all my payslips for the employment where I got made redundant (even though I have P60 for it) such that they would find out when exactly I got made redundant and when I got my Tier 1 General visa, and cause issue about the legality of the 6 months or 1 week gap issue as stated above?

3. Or perhaps I can wait it out a bit to next year P60 cycle around May 2012 (since I will have sufficient time left in my Tier 1 General extension visa) and only apply for my ILR when I obtain my next P60 such that I will have four P60s from Tier 1 General and one P60 from work permit as you can work out from the list above. Would that be better? The reason why I ask is that I would rather get my ILR earlier if possible.

4. If I already have P60, is it required to show P45 and all payslips for all 5 years? If you do not have one P60 but has the P45 (for an employment under just work permit), do I have to show the payslips for it?

any thoughts pls?

thoughts please?

Be patient. People will respond if and when they wish to.

tier1extension wrote:thanks so much for the reply

that helps clear my concerns...

my further concerns are:

yr to 2007 (in work permit) lost my P60 and payslips but P45 available

yr to 2008 (work permit): P60 available

yr to 2009 (Tier 1 General): P60 available (earnings stated however is not that high due to gap in employment when I got made redundant from my previous job and I was still waiting for 6-7 months for the results of my Tier 1 General application as stated in the above messages)

yr to 2010 (Tier 1 General): P60 available

yr to 2011 (Tier 1 General): P60 available

so as you can see from the list above, i have four P60 so far in hand. i have also applied for my Tier 1 General extension 6 months early because I am hoping I do not need the full 2 years extension in order to clock up 5 years in total (including my work permit years) to apply for ILR although as mentioned above I have worries regarding the 6 months or 1 week gap issue.

So my question is:

1. Would just having four P60 suffice based on situation above for ILR purposes? I heard somewhere that you only need P60 really for Tier 1 General but no need for work permit, but not sure if this is true.

2. For ILR, would the home office check all my payslips for the employment where I got made redundant (even though I have P60 for it) such that they would find out when exactly I got made redundant and when I got my Tier 1 General visa, and cause issue about the legality of the 6 months or 1 week gap issue as stated above?

3. Or perhaps I can wait it out a bit to next year P60 cycle around May 2012 (since I will have sufficient time left in my Tier 1 General extension visa) and only apply for my ILR when I obtain my next P60 such that I will have four P60s from Tier 1 General and one P60 from work permit as you can work out from the list above. Would that be better? The reason why I ask is that I would rather get my ILR earlier if possible.

4. If I already have P60, is it required to show P45 and all payslips for all 5 years? If you do not have one P60 but has the P45 (for an employment under just work permit), do I have to show the payslips for it?

Under latest ILR requirements, one only needs to submitt earnings for last 12 months on T1G. So may be P60s for last 5 years are not needed anymore. Situation will be cleared from the start of next year because this is the earliest first group of T1G will apply ILR under new rules.

rizwan567 wrote:You were not given right of appeal because in UKBA records you were holding a valid leave to remain. If the applicant visa has expired and application is refused then applicant is given right of appeal. To me this means that your employer had not reported to UKBA that you are no longer working for them.. So in UKBA records you were in possesion of valid leave or work permit.

This point would go into your favour when you apply for ILR. That time just supply your P60 from your employer for first 3 years and for the final 2 years, evidence of your earnings on T1G. Hopefully you should be alright. But there is nothikng else you can rectify to this issue. And if your application is refused apply for T1G extension instead and apply for ILR after 5 yeras of stay on T1G.

this reply is so encouraging and helpful! ok i guess it is worth a try because after all they wouldnt have granted me my Tier 1 general visa if the 6 months gap already constituted a break from their perspective? you are right, i guess my employer did not reported that i left so that is why when the home office rejected my initial Tier 1 application, i was not given right of appeal. i know there is a risk but i guess it is worth a try to apply on the basis of my Tier 1 general 2 yrs and 3 yrs of work permit despite that 6 months gap and initial rejection? what do you think? the application fee is very expensive but i dont want to wait for another 2 years and apply only on the basis of my Tier 1 General - that should only be my last resort.