employment gap for ILR

Hello there,

I have a question regarding employment gap for applying ILR.

I had been on WP since 3/07 but was unfortunately made redundant on the 23/06/09. Since then I was on garden leave till 23/08/09 (still get paid for the two months and technically "employed" by the company).
I switched to Tier 1 general visa on the 12/08/09. So there is not gap
on my visa.

I now get a job offer but the starting date is going to be 03/11/09.

I now have two concerns:

1) How to calculate employment gap? Is it from my date of redundancy (23/06/09) or the end date of my garden leave (23/08/09)?

2) What's the maximum employment gap allowed for ILR application, if allowed at all?

Appreciate your help !

psychecat wrote:Hello there,

I have a question regarding employment gap for applying ILR.

I had been on WP since 3/07 but was unfortunately made redundant on the 23/06/09. Since then I was on garden leave till 23/08/09 (still get paid for the two months and technically "employed" by the company).
I switched to Tier 1 general visa on the 12/08/09. So there is not gap
on my visa.

I now get a job offer but the starting date is going to be 03/11/09.

I now have two concerns:

1) How to calculate employment gap? Is it from my date of redundancy (23/06/09) or the end date of my garden leave (23/08/09)?

2) What's the maximum employment gap allowed for ILR application, if allowed at all?

Appreciate your help !

1) End of the gardening leave as you're still being paid up until then.

2) Not sure.

You need not be employed ALL the time on Tier-1..However you need to employed AT THE TIME of applying for ILR.

When I was reading drafts for new citizenship bill, I have read it (I am not sure if its the part of final passed bill) that defination of uncontinous employment is any break more than 6 months.

they have some updates on this i tried to paste it here but not worked

psychecat wrote:Hello there,

I have a question regarding employment gap for applying ILR.

I had been on WP since 3/07 but was unfortunately made redundant on the 23/06/09. Since then I was on garden leave till 23/08/09 (still get paid for the two months and technically "employed" by the company).
I switched to Tier 1 general visa on the 12/08/09. So there is not gap
on my visa.

I now get a job offer but the starting date is going to be 03/11/09.

I now have two concerns:

1) How to calculate employment gap? Is it from my date of redundancy (23/06/09) or the end date of my garden leave (23/08/09)?

2) What's the maximum employment gap allowed for ILR application, if allowed at all?

Appreciate your help !

First of all there is no GAP in VISA which is good . ILR main requirement is continous visa .. for tier 1 it doesnt mean u can be employed always. if you work as contractor u can have gaps in your employment. All they need that you are econmically active. for WP if you are made redundant then your employment is over and visa also.
In your case since u switched to Tier 1 so all u need to show you are econimically active. You dont have to mention the employment GAP. It is technically not applicable for you.
This is my understanding perhaps any senior member can give their opinion too. To me you are ok .. no issues at all.

I guess you are right as contractors are expected to have gaps in employment.

Two important points about ILR espcially for same day service

1. economically active for contionous three months before making ILR application

2. If you have P60's/Pay slips covering full period of work permit employment+ some from of documentation for economic activity to cover Tier 1 period. you should be fine.