ILR on Tier2 migrant Visa

Summary

I came to UK on Tier2 migrant visa in April 2012 as a Consultant in NHS. My initial job was with Liverpool NHS Trust which continued from April 2012 to Aug 2012.

In Aug 2012, I was offered a job in Wirral NHS Trust. The process of completion of relevant documents was very slow and I could join the job at Wirral NHS Trust on 1st Mar 2013. A letter from Wirral NHS Trust admits this.

I was confident that since I had job offer from Wirral NHS Trust in Aug 2012, there is no discontinuity. Now, on completion of 5 years, I applied for ILR at a premium service . I was asked to obtain either p45 or a letter from Liverpool indicating the last day of my job at Liverpool.

On verbal communication, I was informed that there is discontinuity as the interval between last day of 1st job at Liverpool NHS Trust and start of 2nd job at Wirral NHS Trust is more than 60 days. On my inquiry, I was told that it’s the actual start date of the job which is considered, and not the date of offer or application for job.

I was handed-over a letter asking me to submit the evidence of end of job at Liverpool within 10 days.

Questions?

1. Is there any strength in my argument?
2. Should I withdraw my application and reapply in Mar 2018? Or let them refuse.
3. If my argument has some sense, is there a way to appeal when ILR is officially refused.
4. My daughter is a student in Romania from this year. In case of refusal, if I have to re-apply next year, can her absence from UK for studies be acceptable for ILR.

What date did you leave Liverpool NHS and on what date did you apply for the new application for the job at Wirral NHS?

1. Depends on the dates above. But likely no strength in your argument.

2. Your choice.

3. There are no appeal rights for PBS route ILR applications and you still have a valid visa so you get no appeal rights anyway.

4. How long will she be absent?

It's the date between the last day of the job and the day the fresh application for leave was made. The fresh application has to be successful.

I have had bad experiences with NHS as well. They sat on my offer for a month without even asking me for documents . No replies to emails either

Thank you CR001 and rubyracer2 for replying.

The sequence of events between my first job and second job are as follows:

Offer of the second job 12 Aug 2012
Last date of my first appointment 22 Aug 2012
Day of issue of Certificate of Sponsorship 10 Nov 2012
Day of application of new Tier 2 Visa 20 Dec 2012
Start of next job 1 Mar 2013

NHS Wirral has provided me some emails which they had sent to expedite the process. Will this help my case?

In case my present application is not successful and I have to reapply in Mar 2018, my daughter total absences from UK will be over six months. Does this affect her application?

Will appreciate your help. Thank you

Offer of the second job 12 Aug 2012
Last date of my first appointment 22 Aug 2012
Day of issue of Certificate of Sponsorship 10 Nov 2012
Day of application of new Tier 2 Visa 20 Dec 2012
Start of next job 1 Mar 2013

The gap that counts is the last day in your previous job (22 Aug 2012) and the day you applied for the new Tier 2 visa (20 Dec 2012). Unfortunately it is well over the allowed limit of 60 days (almost double) and the continuity is broken.

As for PBS dependants, there is no limit on how many days can one be outside in a year when applying for ILR (it is 180 days in any year for Tier 2 though). However, there is an expectation that the PBS dependant is resident in the UK but I have not seen any clear guidance on this and I am assuming that it will be at the discretion of the caseworker to work out whether the applicant has been a resident in the UK and is only away for specific reasons, or is actually residing abroad and only visiting the UK.