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Break of 83 days between jobs on Tier 2. Issue in ILR?
Posted: Tue Mar 08, 2016 9:49 pm
by SPILR
I switched employers whilst I was on tier 2 general visa in 2014. The situation was that my last day at my previous employment was on 8th April 2014. By this date I had received my new tier 2 general visa for my new job. I then took a break of 90 days and went outside the UK, and then started my new job on the 7th July 2014. I was basically unemployed and unpaid during the break of three months although I had a valid Tier 2 visa from my new employer who were happy for me to start the new job after an extended break.
Would the three months break that I had taken, break the rule with regard to continuous employment when I apply for ILR? Have I broken any Tier 2 regulation?
Thanks.
Re: Break of 83 days between jobs on Tier 2. Issue in ILR?
Posted: Wed Mar 09, 2016 8:26 am
by Rambo_ILR
The fact you have been un-employed and out of country could cause you break in continuous living requirement and you have not been paid during this time at all.
When was your initial Tier 2 approved
Re: Break of 83 days between jobs on Tier 2. Issue in ILR?
Posted: Wed Mar 09, 2016 10:48 am
by Sheffield_Marketeer
A break of 90 days COULD mean a break of legal long residence. Although it doesn't look like you may have contravened any Tier regulation.
Re: Break of 83 days between jobs on Tier 2. Issue in ILR?
Posted: Wed Mar 09, 2016 11:52 am
by SPILR
Rambo_ILR wrote:The fact you have been un-employed and out of country could cause you break in continuous living requirement and you have not been paid during this time at all.
When was your initial Tier 2 approved
Hi , my initial Tier 2 general was approved on 30th March 2012
Re: Break of 83 days between jobs on Tier 2. Issue in ILR?
Posted: Wed Mar 09, 2016 2:11 pm
by Rambo_ILR
SPILR wrote:Rambo_ILR wrote:The fact you have been un-employed and out of country could cause you break in continuous living requirement and you have not been paid during this time at all.
When was your initial Tier 2 approved
Hi , my initial Tier 2 general was approved on 30th March 2012
As you may know Tier 2 can be only obtained for 6 years.
As per your statement assuming only the 90 day outside UK
30 Mar 2012 to 30 Mar 2013 – Year 1 (Employed)
30 Mar 2013 to 30 Mar 2014 – Year 2 (Employed)
30 Mar 2014 to 30 Mar 2015 – Year 3 (90 day break in April until July, unemployed)
30 Mar 2015 to 30 Mar 2016 – Year 4 -
30 Mar 2016 to 30 Mar 2017 – Year 5 -
30 Mar 2017 to 30 Mar 2018 – Year 6 -
You took your break right in the middle of Year 3, So even if you count to 5 years from 7th July 2014, you shall be only eligible for ILR in the year 2019
But your maximum time period for grant in Tier 2 will be limited to 30 Mar 2018 for a six year period
Perhaps you shall try your luck with 10 year route if you have been in the UK even before your tier 2?