Tier 2 ILR - Tax Gap

Hi All,

I'm due to apply for ILR (5 Years) in August, 2019. I'm planning to apply sometimes in July 2019. However, I have a special case here wherein I need your advise. My current T2 visa will expire in Aug 11, 2020 which will be 1 month less 10 years in UK.

My First T2 was issued from 2014 - 2017. However, I was made redundant by my employer due to the company losing a client in Apr 2016, I kept searching for new employer while also expecting to see if HO will send a curtailment letter. I there after got a new job (same SOC, increased pay) with the same employer that previously made me redundant. I requested my employer for a new application but they insisted they didn't inform HO about the redundancy and as such I could continue on the visa which I did. ( I guess I was desperate then)

I extended my T2 application in 2017 with the same employer, application was smooth and there were no issues from HO.

As I'm planning to send in my ILR application in July, 2019. I have been reading issues regarding Tax Gap on this forum. Could this be an issue for me during ILR as I didn't pay tax for 3.5 months?

- What are my chances of the ILR being successful?

- What happens to my current leave if my ILR gets refused?

- Is it advisable to tactically wait for 10 years and apply next year?

- My wife is also due for ILR in Sept, 2019 as a T2 dependent. Can she apply for ILR in Sept 2019 before me?

Many thanks in advance for your attention.

Hi Guys,

Can anyone kindly help here?

Many thanks in Advance

This is up to UKVI. As you had no pending tax then they may ignore it. However your sponsor may have failed their duties.

Thanks Zimba, just a couple of other questions instead of creating another post.

- Is Employer Absence letter required if the employee does not have any "out of UK" absence in the 5 years? I'm not planning to add this to the application as I had no "out of UK" absence

- Can you confirm English test is not required for UK degree holders? This isn't specified in the Policy Guidance

- Is Employer Absence letter required if the employee does not have any "out of UK" absence in the 5 years? I'm not planning to add this to the application as I had no "out of UK" absence

No

- Can you confirm English test is not required for UK degree holders? This isn't specified in the Policy Guidance

Yes If you were awarded a degree taught here at the Bachelors level or above

Just to update, I got ILR approved. Thanks Zimba