Indefinite Leave to Remain Eligibility

I was granted a Skilled Worker Visa with a company for 5 years from 20th September 2021 valid until 26th September 2026. Before moving to my this company I had a Tier 2 (General leave to remain) with another company issued on 17th October 2020 to 25th October 2023. During the pandemic I unfortunately lost this job in December 2020 and my employer completed the filing regarding UKBA to cancel my CoS, with my final date of employment being 18th December 2020. However, I never received the curtailment letter from UKBA and even until I made the application for my current Skilled Worker Visa my right to work and rent in the UK was valid until 25th October 2023 (original expiry date of the previous Visa) when I checked my status online. I would like to ask you if my 1 year from the previous company (i.e Tier 2 leave to remain I held until I made the current Skilled Worker Visa) would count towards my ILR application even though I lost my job but never received the curtailment letter. If so, why was I granted a Skilled Worker Visa for 5 years instead of 4? Or should I wait for my current Skilled Worker Visa of 5 years to be completed to make my ILR application? FYI, I never left the UK even when I lost the job with my previous employer. Thank you

Tilesdey wrote: ↑

Tue Dec 17, 2024 11:27 pm

I would like to ask you if my 1 year from the previous company (i.e Tier 2 leave to remain I held until I made the current Skilled Worker Visa) would count towards my ILR application even though I lost my job but never received the curtailment letter.

Yes, that time counts for ILR. An employment gap is not an issue.

Tilesdey wrote: ↑

Tue Dec 17, 2024 11:27 pm

why was I granted a Skilled Worker Visa for 5 years instead of 4?

Because the current visa was granted according to the dates on the CoS provided at the time of application, and not on your eligibility for ILR.

UKVI don't take their decisions based on ILR eligibility of the applicant. There is no obligation to apply for ILR in exactly five years, and ultimately there is no obligation to apply for ILR at all. It's just an option for those wanting to stay in the UK for longer.

Thanks for responding. I read somewhere that if you have an employment gap of more than 60 days while on a work visa in the UK, it could reset the timeline for your eligibility for Indefinite Leave to Remain (ILR). For example, if you worked with Company A for 2 years but lost your job and then took more than 60 days to secure a new visa sponsorship with Company B, your 5-year ILR qualifying period would restart from the date your visa with Company B was granted.

This means the time spent under Company A's sponsorship wouldn’t count towards the 5-year ILR requirement because of the extended gap. I’m not sure if this is entirely accurate.

That employment gap rule was removed many years ago. There is no such rule anymore.

Thank you