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Not getting paid breaks continuous residence?

Posted: Tue Feb 18, 2020 11:24 am
by rodvmu
Hi experts!

Bit of a tricky question. I'm in theory eligible for ILR soon and I've had 4 different sponsors in the last 5 years. All tier 2 general, just switching jobs. I never went unemployed I always left one job after my visa was approved for the next one.

My first sponsor however was going through serious financial issues so stopped paying salaries. Hence, from the time I realised that and decided to leave the company and found another job, my HMRC records show that I went for 3.5 months without any income. My old employer paid my last salary in August, and only when I was employed by the new one in November I have any income registered with HMRC.

Even though I was not getting paid I was still employed. Like I said, I only left the old sponsor when my visa was approved for the new one. The question is, does this 3 month gap in salaries means I broke Continuous Residence? So I would only start counting from my second sponsor? Thanks.

Re: Not getting paid breaks continuous residence?

Posted: Tue Feb 18, 2020 4:44 pm
by zimba
No it has no effect on continuous residence

Re: Not getting paid breaks continuous residence?

Posted: Tue Feb 18, 2020 4:50 pm
by rodvmu
Zimba wrote:
Tue Feb 18, 2020 4:44 pm
No it has no effect on continuous residence
Thanks for the reply. Since I read somewhere that you had to "be in the UK for 5 years and be economically active", I wondered if the "economically active" here would mean necessarily having income without any gaps.

Best,