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Potential break in continuous residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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charriiiiiz
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Posts: 2
Joined: Wed Nov 01, 2023 11:53 am
United Kingdom

Potential break in continuous residence

Post by charriiiiiz » Wed Nov 01, 2023 11:58 am

I have some concerns regarding my eligibility for ILR in the UK, specifically related to the requirement of "working in the UK for 5 years.". Here's a breakdown of my employment history over the past five years:

1. My first work visa commenced on 8th December 2018 and expired on 14th January 2022. Employment associated with this visa ended on 1st June 2019.
2. My second work visa started on 11th July 2019 and expired on 28th July 2022. Employment related to this visa ended on 10th March 2020.
3. I am currently on my third work visa, which started on 13th March 2020 and is valid until 7th December 2024. I am still employed under this visa.

I plan to apply on 10 Nov 2023, which is 28 days before the end of the 5-year period starting from 8th December 2018.

I have three specific questions regarding potential breaks in the continuous employment period:

Q1: Does the gap between 1st June 2019 and 11th July 2019 count as a break in the continuous employment period? During this period, my second employer conducted a labor market test, applied for a work visa (which was initially rejected due to salary requirements), and re-applied successfully. The first employer notified the Home Office about the end of my employment, but I did not receive any notification directly.

Q2: Does the gap between 10th March 2020 and 13th March 2020 count as a break in the continuous employment period?

Q3: In my application, I need to provide letters from employers detailing reasons for work-related absences, including periods of paid annual leave from the UK and Crown dependencies. During the first gap (1st June 2019 - 11th July 2019), I was outside of the UK for only 2 days over a weekend. Do I need to provide any supporting evidence for this short absence, and if so, what type of document should I provide? For other absences, I can obtain letters from my employers.

Your assistance in clarifying these issues is greatly appreciated.

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zimba
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Re: Potential break in continuous residence

Post by zimba » Wed Nov 01, 2023 12:17 pm

Such requirements do not exist under the rules. So I suggest not inventing them and acting as if they do exist.

There is no such requirement as a 'continuous employment period'. Gaps between employment have no negative outcome at all. ILR is based on a 'continuous lawful residence' period NOT a continuous employment period.

Also, there is NO requirement under the rules that the employer must be 'detailing reasons for work-related absences'. That makes no sense whatsoever as no employer would know what you did during your period of absence from work (why would they have to know or confirm anything like this at all ??)

See: All you need to know about the sponsor letter for Skilled Worker route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

charriiiiiz
Newly Registered
Posts: 2
Joined: Wed Nov 01, 2023 11:53 am
United Kingdom

Re: Potential break in continuous residence

Post by charriiiiiz » Wed Nov 01, 2023 2:54 pm

Thank you very much for your reply zimba. It's good to know that I'm eligible for applying for ILR soon because of uncertainty in my current employment. And really glad to confirm the details before spending £££££ on the application :)

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