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Tier 2 Termination - Gap between 2 jobs

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Faqasim
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Tier 2 Termination - Gap between 2 jobs

Post by Faqasim » Thu Dec 05, 2019 4:29 pm

Hello all,

I am currently on tier 2 (general) visa, my employer is terminating my contract, and of course, notifying HO about that.

As I understand it, HO will send me a curtailment letter, stating that I should leave within 60 days of the letter arrival date, or get sponsored by a different tier 2 sponsorship.

I also understand that the curtailment letter is not sent immediately usually. but it might takes weeks or months, Now in order to apply for irl, should I move to the next tier 2 job within 60 days of my last work day? or is it fine as long as my visa is not expired?

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CR001
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Re: Tier 2 Termination - Gap between 2 jobs

Post by CR001 » Thu Dec 05, 2019 4:32 pm

Now in order to apply for irl,
Presumably an error and you mean ILR and not irl.
should I move to the next tier 2 job within 60 days of my last work day? or is it fine as long as my visa is not expired?
There is NO 60 days employment gap restriction rule anymore. Obviously, you cannot do any sort of work once you leave your sponsor and you also should not travel out of the UK.
Char (CR001 not Casa)
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Faqasim
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Posts: 87
Joined: Thu Dec 05, 2019 4:24 pm
Jordan

Re: Tier 2 Termination - Gap between 2 jobs

Post by Faqasim » Sat Dec 07, 2019 5:38 am

So as long as I comply with my curtailment letter's leave date (which start counting from the date the letter was issued), i should be fine, correct?

For ILR, it requires 5 years of continuous employment or residency? Which means, for example, if I was unemployed for 1 year and 2 months, and the max time to be on tier 2 is 6 years, that would mean that I won't be eligible for ILR?

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CR001
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Re: Tier 2 Termination - Gap between 2 jobs

Post by CR001 » Sat Dec 07, 2019 9:35 am

1. Correct.

2. Usually both but you do not get penalised anymore for an employment gap. Provided of course you have not done any other type of work.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Faqasim
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Joined: Thu Dec 05, 2019 4:24 pm
Jordan

Re: Tier 2 Termination - Gap between 2 jobs

Post by Faqasim » Sat Dec 07, 2019 10:41 pm

Thank you for prompt reply ! I really appreciate it.

So if I was issued my tier 2 visa on Dec 2017, I should be eligible for ILR on Dec 2022, as long as I will be on tier 2 then, and given that I didn't have any work without being sponsored.

Or would it be when I complete 5 years of employment, even if it meant 6 years or residency?

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CR001
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Re: Tier 2 Termination - Gap between 2 jobs

Post by CR001 » Sat Dec 07, 2019 11:09 pm

You are overthinking this completely. There is no employment gap. You must be employed with a tier 2 sponsor at the time you apply for ilr.

Note that you cannot simply stay in the UK for years on a tier 2 without working and hope to get ilr. It is a working visa after all. If you do not work at all and don't find a new sponsor, your current visa will be curtailed to 60 days validity.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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