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Change Of Employment - Will it be a Break in Continuous stay

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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mvasudevan1984
Junior Member
Posts: 61
Joined: Sun Sep 13, 2015 2:50 pm

Change Of Employment - Will it be a Break in Continuous stay

Post by mvasudevan1984 » Fri Sep 25, 2015 11:31 am

Hi ya

I resigned my job 21 Sep 2015 ; End of Employment will be 21 Oct 2015
My employer said they will notify UKBA in Nov 1 which means after 10days of my employment

Grace period is 60 days - roughly End of Dec 2015 (say 30 Dec 2015)

My question is

If i make new application - Change of Employment in grace period - like 15 Nov 2015
Will that be considered as break in my continuous employment and
will it affect my ILR application

Please help

Lynz1988
Member
Posts: 102
Joined: Tue Aug 20, 2013 7:06 pm
Canada

Re: Change Of Employment - Will it be a Break in Continuous

Post by Lynz1988 » Fri Sep 25, 2015 12:00 pm

Your grace period is 60 days from the curtailment decision from the UKBA - I was made redundant in July - my last day was Aug 13 and my previous employer notified the UKBA on Aug 26 (in and around that date anyways). Though I have found a new employer and am awaiting my BRP (ggggrrrrrrr!!), I still have not received a curtailment letter from the UKBA regarding my previous employer.

As far as I am aware, as long as you find employment before your visa is curtailed and your grace period is up, it will not count against you for your ILR (though I could be wrong about this) as you are still within your rights to be in the country. Please, someone correct me if I'm wrong.

mpannu
Newly Registered
Posts: 2
Joined: Mon Sep 28, 2015 3:54 pm

Re: Change Of Employment - Will it be a Break in Continuous

Post by mpannu » Mon Sep 28, 2015 4:39 pm

Hi,

Can anyone clarify regarding the above query.
My husband's employers COS was revoked in Nov 2014 and he got a notice regarding his 60day period. (by this time he finished 4yrs and 6months continuous on work visa) Meanwhile he found a new sponsor and applied for the visa again in January, his decision came only by end of February 2015. Will this consider as a break in his employment. As now he completed 5yrs on a work visa in August and we are unsure whether an application for ILR can be made or not. Any advice?

iworker
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Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
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Re: Change Of Employment - Will it be a Break in Continuous

Post by iworker » Tue Sep 29, 2015 9:41 am

original post.. no, it will not be break in residency. although it may be possible that you do not get the curtailment letter, even if you do, as long as you apply the new visa before the new expiry date of your visa, you will alright.

@mpannu
as above, if your husband applied for the new visa before his new expiry date (date on curtailment letter), then he is fine. it doesnt matter when the brp arrived, its the date that he applied his visa in post that matters.

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