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on extending visa after 3 years my visa was refused. I lodged an appeal and got a visa after a year. because i was applying from new sponsor i spent whole year without any work . Now can i apply for ILR after 5 years completion

my previous visa
2009 ocotber to 2012 November
2012 november to 2013 november (without work but i was under section 3c because of pending appeal)
my new visa
2013 november to 2016 december

I will complete 5 years on 2014 october. If I apply for ILR will it be successfull. I have spend 1 year without work

from immigration rule 245AAA(b)
https://www.gov.uk/government/uploads/s ... art_6A.pdf

.... the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship,work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant,..... to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor.

Hi manci thanks for reply
My case is little different. I had lodged an appeal and it took a year to get visa. I dont know how will they take this gap as i was not allowed to work until i get visa. I won appeal so it was not my really fault to stay without work whole year

Presumably you applied for a new T2G leave to work for a new sponsor when you still had valid leave.

IMHO the rule quoted fits your case. Why do you think that it may not? Are there any special circumstances? There is no limit in the rule as regards the length of the break in employment

Could you please advise me if I can apply for I can apply for indefinite visa on the basis of SET(O) Tier 2 (General).
Immigration History
·My 1st Entry Clearance was 9th Sep 2004 and entered in UK on 18th Sep 2004 as a Student. Student visa was valid till 30/07/2009.
Exit from UK with vaild visa on 18/06/2009.
Submitted Tier 2(General) application on 02/07/2009
Tier 2 (General) visa was stamped on 09/08/2009
Entered in UK within qualifying period of 90days on 30/09/2009.
Worked for a company from 01/10/2009 to 15/04/2011.
Applied for new job within 60 days in May 2011, Job offer received on 07/06/2011.
New company COS was issued on 18/06/11
New company switched visa Tier 2 (General) on 10/10/2011.
Current working for the same company and Tier 2 (General) and visa is valid till 01/07/2014
·Wife is living with me in UK since 2006 as a dependant
·1st son was born in UK on 4th August 2007 and studying in Class 2 as a dependant, vil be 7 years old on 4/8/14
·2nd son born in UK on 29th Sep 2011, but not applied his visa yet.
Rule says I can apply 28 days before 5 years completion so it will be 12/07/2014 when I can apply but my visa is running out on 01/07/12.
Please advise if I can apply for ILR on Tier 2 5 year route before expiry of 01/07/2014 or I have to apply for extension as there is 10-11 days gap?
I look forward for your advise.
Best regards,