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ILR Tier2 5 year route

Posted: Tue Jun 20, 2017 1:55 pm
by Logan82
Hi All,

I am on tier 2 general visa since 15th June 2012 and now i am eligible to apply for Indefinite leave to remain. i was working for a employer and their sponsor license got expired on 30 Nov 2013. we've got letters from Home office on 25th March 2014 curtailing our leave for 60 days (25th March 2014 - 25 May 2014). we didn't know about the expired license and we continue to work until we get the curtailment letter.

1. will this situation affect my 5 year continues period ?

after curtailing the work permit, i decided to continue with my studies and apply for tier 4 visa on May 2014. but in june 2014 i got a job offer from my current employer and they were willing to sponsor me. then i have varied my tier 4 application and applied for variation to tier 2 on first week july 2014 and tier 2 was granted on September 2014 for 3 years.

2. Will this be a affect to my 5 year continues period ?

Thanks in advance for your replies.

Re: ILR Tier2 5 year root

Posted: Tue Jun 20, 2017 2:08 pm
by marcnath
Logan82 wrote:Hi All,

I am on tier 2 general visa since 15th June 2012 and now i am eligible to apply for Indefinite leave to remain. i was working for a employer and their sponsor license got expired on 30 Nov 2013. we've got letters from Home office on 25th March 2014 curtailing our leave for 60 days (25th March 2014 - 25 May 2014). we didn't know about the expired license and we continue to work until we get the curtailment letter.

1. will this situation affect my 5 year continues period ?

after curtailing the work permit, i decided to continue with my studies and apply for tier 4 visa on May 2014. but in june 2014 i got a job offer from my current employer and they were willing to sponsor me. then i have varied my tier 4 application and applied for variation to tier 2 on first week july 2014 and tier 2 was granted on September 2014 for 3 years.

2. Will this be a affect to my 5 year continues period ?

Thanks in advance for your replies.
When did you leave the first job ?

Re: ILR Tier2 5 year root

Posted: Tue Jun 20, 2017 3:07 pm
by zimba
If the period between the day you left the first employment to the day you applied for a new application was more than 60 days, your continuous qualifying period for ILR is broken.

Re: ILR Tier2 5 year root

Posted: Tue Jun 20, 2017 3:41 pm
by Logan82
my last day was 31 March. how home office going to know that i left the job on exact day ?

Re: ILR Tier2 5 year root

Posted: Tue Jun 20, 2017 3:43 pm
by marcnath
Logan82 wrote:my last day was 31 March. how home office going to know that i left the job on exact day ?
That would be obvious in any HMRC document, submitted such as P60s, payslips, etc. So you have a break of more than 60 days, which breaks your continuity.

Re: ILR Tier2 5 year root

Posted: Tue Jun 20, 2017 4:03 pm
by Logan82
so i left the job on 31st march and apply for tier 4 on 23rd May before expiration of the curtailment. i did not proceed with it and later apply for a variation to tier 2. i guess i applied in the 60 days period

Re: ILR Tier2 5 year route

Posted: Tue Jun 20, 2017 4:37 pm
by zimba
It seems you should be fine

Re: ILR Tier2 5 year root

Posted: Tue Jun 20, 2017 6:00 pm
by marcnath
Logan82 wrote:so i left the job on 31st march and apply for tier 4 on 23rd May before expiration of the curtailment. i did not proceed with it and later apply for a variation to tier 2. i guess i applied in the 60 days period
Yes, as a variation application has the same date as the original application that was varied.