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Hi guys,

I am a new poster here and would really appreciate your input into my case.

I am in Tier 2 General visa from May 2011 and will complete 5 years in another 4 months (May 2016). I had an employment gap in between of around 5 months (between Sep 2012 and Feb 2013) during which period I was in the UK on valid Tier 2 General visa. I know that there is a rule that employment gaps of more than 60 days will mean a break in continuous period of the 5 years.

During this period I did not receive any curtailment letter and was granted my Tier 2 General visa in Feb 2013 with my current company.

My questions are:
1) How will UKBA know about this break in employment – is it through the P60 forms of last 5 years or letter of absence or any other means?
2) In these 5 years I would have been absent from UK for may be 100 days or less, also I was in the UK all the time during the 5 months employment break. Is the P60 or absence letter mandatory in my case to submit?

Many thanks in advance.

You should find employment/New sponsor with in 28 days of your redundancy or leave the country. The HO rarely sends curtailment letters but your visa is curtailed after 28 days.

JoeLawerence2 wrote:Hi guys,

I am a new poster here and would really appreciate your input into my case.

I am in Tier 2 General visa from May 2011 and will complete 5 years in another 4 months (May 2016). I had an employment gap in between of around 5 months (between Sep 2012 and Feb 2013) during which period I was in the UK on valid Tier 2 General visa. I know that there is a rule that employment gaps of more than 60 days will mean a break in continuous period of the 5 years.

During this period I did not receive any curtailment letter and was granted my Tier 2 General visa in Feb 2013 with my current company.

My questions are:
1) How will UKBA know about this break in employment – is it through the P60 forms of last 5 years or letter of absence or any other means?
2) In these 5 years I would have been absent from UK for may be 100 days or less, also I was in the UK all the time during the 5 months employment break. Is the P60 or absence letter mandatory in my case to submit?

Many thanks in advance.

jimtoole wrote:You should find employment/New sponsor with in 28 days of your redundancy or leave the country. The HO rarely sends curtailment letters but your visa is curtailed after 28 days.

JoeLawerence2 wrote:Hi guys,

I am a new poster here and would really appreciate your input into my case.

I am in Tier 2 General visa from May 2011 and will complete 5 years in another 4 months (May 2016). I had an employment gap in between of around 5 months (between Sep 2012 and Feb 2013) during which period I was in the UK on valid Tier 2 General visa. I know that there is a rule that employment gaps of more than 60 days will mean a break in continuous period of the 5 years.

During this period I did not receive any curtailment letter and was granted my Tier 2 General visa in Feb 2013 with my current company.

My questions are:
1) How will UKBA know about this break in employment – is it through the P60 forms of last 5 years or letter of absence or any other means?
2) In these 5 years I would have been absent from UK for may be 100 days or less, also I was in the UK all the time during the 5 months employment break. Is the P60 or absence letter mandatory in my case to submit?

Many thanks in advance.

Thanks Jimtoole.

My leave was not curtailed, I know that because I did not have any issues in getting my Tier 2 general visa after that 5 months gap so I don’t think that is an issue now.

The question I have now is about how UKBA comes to know about break in employment if you have not left the UK and were on valid visa during that time.

Also is submission of P60 and leave of absence compulsory (when total leave days during the 5 years is less than 100 days)

I know mate that you got extension and there was no question asked but now at the time of ILR they will check the full 5 year history thoroughly. They will find it out by checking your work history in last 5 years that you had a gap of longer than 28 days in employment. Sorry I couldnt say what you want to hear but your visa is deemed to be curtailed during that time of redundancy as you didnt get a new sponsor with in 28 days and applied again. All the best bro wish you luck.

JoeLawerence2 wrote:

jimtoole wrote:You should find employment/New sponsor with in 28 days of your redundancy or leave the country. The HO rarely sends curtailment letters but your visa is curtailed after 28 days.

JoeLawerence2 wrote:Hi guys,

I am a new poster here and would really appreciate your input into my case.

I am in Tier 2 General visa from May 2011 and will complete 5 years in another 4 months (May 2016). I had an employment gap in between of around 5 months (between Sep 2012 and Feb 2013) during which period I was in the UK on valid Tier 2 General visa. I know that there is a rule that employment gaps of more than 60 days will mean a break in continuous period of the 5 years.

During this period I did not receive any curtailment letter and was granted my Tier 2 General visa in Feb 2013 with my current company.

My questions are:
1) How will UKBA know about this break in employment – is it through the P60 forms of last 5 years or letter of absence or any other means?
2) In these 5 years I would have been absent from UK for may be 100 days or less, also I was in the UK all the time during the 5 months employment break. Is the P60 or absence letter mandatory in my case to submit?

Many thanks in advance.

Thanks Jimtoole.

My leave was not curtailed, I know that because I did not have any issues in getting my Tier 2 general visa after that 5 months gap so I don’t think that is an issue now.

The question I have now is about how UKBA comes to know about break in employment if you have not left the UK and were on valid visa during that time.

Also is submission of P60 and leave of absence compulsory (when total leave days during the 5 years is less than 100 days)

Thanks Jimtootle.

Is there any advice from others? Any others in similar situation like mine?

Hello, are you aware of the new change in Tire 2 to IlR 5 years route? will your employer give you a letter that they will continue to need you in the foreseeable future? this is very important which I myself am worried about.

i have similiar situation as you..but i went to my home country for 4 months due to fathers illness.i had no job in uk.i was employed by the same employer again and came back on the same visa.no issues on airport regarding curtailment.and my employer also did not inform home offce about me leaving the job.i can provide certificates and death certificates of my fathers illness but still i did not have an actual job at that time in uk.will be applying in june .lets see.

mdtaifurrahman wrote:Hello, are you aware of the new change in Tire 2 to IlR 5 years route? will your employer give you a letter that they will continue to need you in the foreseeable future? this is very important which I myself am worried about.

As mentioned in your other post, this is not a new requirement.

well, then how the CW will determine the foreseeable future? If I get an extension of job for 1 year by the same employer who I had been working for past 5 years under tire 2, and the employer writes in the letter that they would need me for another 1 year, would that 1 year constitute a "foreseeable" future or the CW will define the foreseeable future it to be open-ended permanent...

JoeLawerence2 wrote:
My questions are:
1) How will UKBA know about this break in employment – is it through the P60 forms of last 5 years or letter of absence or any other means?

Many thanks in advance.

1) HO will, as a matter of course, be crosschecking & verifying applicants with their partner agencies; eg HMRC, UKBF & etc.

Tier 2 sponsors also have reporting responsibilities to HO.

Hi guys, I wanted to check if you know anybody whose ILR was refused because of more than 60 days gap between employment while in Tier 2 General visa. Also, are there any cases of ILR success with such a gap?

I have tried to search for both type of cases but to no avail. It would be great if you can help me out, as I am in a similar scenario.

Any reply to my above query pls? Thanks.

Hi guys, I wanted to check if you know anybody whose ILR was refused because of more than 60 days gap between employment while in Tier 2 General visa. Also, are there any cases of ILR success with such a gap?

Hi JoeLawerence,

Did you get your ILR? I have exactky the same issue like you. Could you please let us know how to overcome this?

THanks

Hi JoeLawerence,

I just read in the another post that you have got the ILR. Well done.

Could you please let me know few things

1. Documents you provided to get the ILR. P60 or P45 or Letter From Previous Employer. As you told there was 5 months gap in-between the employments same like me, how did it went through. Is it Luck Factor or Home office considers the Legal stay for 5 years.

I was completely legal and No break of Visa in Tier 2 general, it's just the Gap between the employments as it took time for the new employer to do complete the Process. But i had my visa sponsored at that time(for 5 Months) when I had a Gap.

Thanks in Advance.