Page 1 of 1

ILR continuous period with break in employment

Posted: Mon Aug 29, 2022 7:56 am
by NewILRTier
Hi all,
Could you please clarify that if there is a break in employment for Tier2 visa holder does it need to be excluded while calculating the 5 years continuous period for ILR. I am confused as the gov.Uk website says the person needs to be actively participate in the UK economy for 5 years. As the break in employment breaks this clause I am confused how to proceed.
For example if the entry date to UK is on 3rd September 2017 and if there is a break of 1 month in employment for Tier2 visa holder, will 3rd October 2022 or 3rd September 2022 be the completion date of 5 years for ILR application?. Please clarify.
Thanks

Re: ILR continuous period with break in employment

Posted: Mon Aug 29, 2022 9:56 am
by vinny
When was the break in employment? A break in employment under 60 days between employers was allowable. If there was continuous leave, then I think you should be okay.

Moreover, the continuous employment requirement between employers was deleted from 11 January 2018.

Re: ILR continuous period with break in employment

Posted: Mon Aug 29, 2022 1:02 pm
by NewILRTier
Hi Vinny, Thanks for your reply. While switching the employer in 2020. My last day was 17/1/2020 . My COS with new employer was generated on 28/1/2020 . But my BRP came on 15/2/2020 so had to join the new company on 17/2/2020.
So this one month was the gap in employment. I am
Confused do I need to deduct this one month while calculating the 5 year period.
Thanks

Re: ILR continuous period with break in employment

Posted: Mon Aug 29, 2022 1:05 pm
by NewILRTier
When you say a gap of 60 days in employment is allowed, we can include the gap up to 60 days while calculating the 5 years period for ILR?. Even though effectively I don’t have a job and In turn not participating to the UK economy

Re: ILR continuous period with break in employment

Posted: Mon Aug 29, 2022 1:22 pm
by CR001
I am Confused do I need to deduct this one month while calculating the 5 year period.
No!! An employment gap is NOT an issue. You are over thinking this.

Re: ILR continuous period with break in employment

Posted: Mon Aug 29, 2022 1:24 pm
by NewILRTier
Thanks Char001