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Hi there,

I'm having a similar problem and planning to apply for an ILR in December but not sure if having 61 days in a gap of employment between switching employers would affect the 5 year continuous period.

My employment ended with Company A on 05/11/2014 due to insolvency, I later found another job and was assigned a new COS with Company B on 05/01/15. I submitted my 3-year Tier 2 application on the same day and was granted a visa on 19/01/2015. I didn't receive a curtailment notice during the 60 day period, or perhaps I did but I changed address.

I'm now having two minds about submitting the ILR application after reading this post. Would very much appreciate your thoughts on whether I should still go ahead?

DO NOT tag your question to another topic
Last day of your employment and the date of your new application MUST be max of 60 days apart. Having anything more than that breaks the continuous period of stay under Tier 2

4567* wrote: ↑

Tue Nov 14, 2017 11:42 pm

Hi there,

I'm having a similar problem and planning to apply for an ILR in December but not sure if having 61 days in a gap of employment between switching employers would affect the 5 year continuous period.

My employment ended with Company A on 05/11/2014 due to insolvency, I later found another job and was assigned a new COS with Company B on 05/01/15. I submitted my 3-year Tier 2 application on the same day and was granted a visa on 19/01/2015. I didn't receive a curtailment notice during the 60 day period, or perhaps I did but I changed address.

I'm now having two minds about submitting the ILR application after reading this post. Would very much appreciate your thoughts on whether I should still go ahead?

You have more than 60 days gap between switching to new employer.

https://www.timeanddate.com/date/durati ... 01&y2=2015

*Assuming that you apply in person on 19/01/2015

Unfortunately you are not eligible for ILR as this broke continuity.

thanks for your replies.

I submitted an online application on the same day as my COS assignment (5/01/2015), paid the fee etc. and sent my documents in via post and the visa was granted on 19th Jan 2015. I've consulted 2 other immigration specialists and they think that I might stand a chance. Is it worth trying?

From the rules perspective your continues stay is broken. I am not sure HO will apply any discretion

4567* wrote: ↑

Wed Nov 15, 2017 7:24 pm

thanks for your replies.

I submitted an online application on the same day as my COS assignment (5/01/2015), paid the fee etc. and sent my documents in via post and the visa was granted on 19th Jan 2015. I've consulted 2 other immigration specialists and they think that I might stand a chance. Is it worth trying?

Even if you applied on 5th Jan 2016 that makes 61 days break. Even single day over 60 will lead to refusal. There has been refusals recently because of this so I highly doubt you stand a chance.

disappointing but I guess it is what it is...
thanks for your prompt responses, much appreciated!

4567* wrote: ↑

Wed Nov 15, 2017 8:26 pm

disappointing but I guess it is what it is...
thanks for your prompt responses, much appreciated!

I hear you mate but its one of those stupid rules which make no sense at all ! Can you complete 10 years before you run out of tier 2 ?

4567* wrote: ↑

Wed Nov 15, 2017 8:26 pm

disappointing but I guess it is what it is...
thanks for your prompt responses, much appreciated!

There's one thing that could potentially help you in this scenario. During this 61 days gap, if you by any chance fell ill or something, you could get your NHS records and submit those with your application along with a cover letter explaining how it led to a very minor delay in your next application.

One of the members on this forum got his ILR rejected initially, followed by an Admin Review rejection. However, he applied again giving his NHS history/communication with the case and his application was successful and ILR was approved.

Can't guarantee this would work but this is one of the scenarios where the case worker can apply discretion.

Let us know if you do go ahead with your application.

my 10 years is only up in September 2018 so I still need to extend my Tier 2 to get there. an immigration lawyer has offered to take up my case today on the ILR but the fees quite high. i'm going to wait to hear from a few other firms to confirm if this is really worth a shot.

thank you for your input on the NHS scenario, in my case it was more to do with operational constraints and my authorising officer being on holiday during the Christmas/New Year period and the last day of my 60 day happened to be a Sunday (4th Jan 2015). :/

i'll keep you guys posted.

I will not trust a lawyer that demands ANY fees for such a case. If they want to take it as a no win no fee case, then go ahead. A case that is a 100% refusal according to the rules will not be changed because of some lawyer's intervention. Any discretion is applied by HO and for that you need strong evidence with an exceptional reason why it took you more than 60 days

I think you're right about not trusting a lawyer, although it gives me some comfort that I have a legal representative with me on the day of submitting my application (I was advised to go for go for a premium service). At least I don't have to fight a potentially losing battle on my own.

I was actually offered a new job within the same week I was dismissed by my previous employer.

05/11/2014: Employment termination with Company A (due to insolvency)
10/11/2014: Conditional job offer from Company B
12/11/2014: Sponsor licence submission by Company B
19/11/2014: Sponsor licence approved
22/11/2014: Job advertised for 28 days based on criteria specified by UKBA to qualify for RMLT
22/12/2014 - 04/01/2015: Authorising officer on holiday
05/01/2015 (Monday): COS assigned

If I explain the above on a cover letter with proof of documents, do you think that is a compelling enough reason for the HO to apply discretion?

I would say unlikely but certainly like to be proven wrong. Good luck

zimba88 wrote: ↑

Sun Nov 19, 2017 5:21 pm

I would say unlikely but certainly like to be proven wrong. Good luck

Thanks! Fingers and toes crossed.