Gap in between two T2 General

[Newton_VC1020]

Hi all,

My first CoS/Work visa (T2 G) started 14/03/11, and subsequently got renewed in 2014 with the same sponsor (employer) valid till 10/05/2017.

However I decided to LEAVE my job end of last year (probably too bold this move I know). After the noticing period, my last employment date with them is 15/1/2016. Therefore it works out about 2 months short for 5 years period for ILR application.

I am currently actively looking for another sponsor, very likely to have an offer in the next couple of weeks or so. My questions are:
1) On what date, my 'current' CoS is cancelled - is it a) my last date of employment (automatically cancel?) b) the date when HO/UKVI makes a decision to curtail my CoS (usually a period up to 28 days after my previous employer notifies them right?)
2) I've read a lot of posts here and there. Some people say HO does not always write to you for the curtailment period and inform the last day of legally being in the country. Is this the case? How could I find out the exact timeline so I don't become an overstayer?
3) I intended to apply to ILR with 5 full years of T2 G. But having about 2 months short now. If I get the new CoS lined up very soon, will this still be considered as a gap in between? In short, can I continue from my previous accumulated time period building up to 5 full years for ILR? If so, how many days' gap is allowed? Assume the gap starts counting from the date HO makes a decision to curtain/cancel my CoS?

I hope I made myself clear above. If there's any info you need to help answer my queries, please kindly comment/reply. Many thanks for your kind help. Eternally grateful for those who spend time helping people here.

Cheers, Viv

[Frontier Mole]

Until HO curtail your leave it remains valid even if you are not actually working for the employer. So if you apply for a new visa before you get curtailed or in the 60 day curtailment period it is all counted as continuous leave.
Curtailment process is not exactly speedy and can take weeks / months to be issued after the Sponsor has informed HO of your leaving date.
The HO will always attempt to serve curtailment letter. If they have an address on file they will send it there. So if the address they have is accurate you will receive it. If you have moved since your last dealings with the HO just inform them of your new contact address.

[JoeLawerence2]

Until HO curtail your leave it remains valid even if you are not actually working for the employer. So if you apply for a new visa before you get curtailed or in the 60 day curtailment period it is all counted as continuous leave.
Curtailment process is not exactly speedy and can take weeks / months to be issued after the Sponsor has informed HO of your leaving date.
The HO will always attempt to serve curtailment letter. If they have an address on file they will send it there. So if the address they have is accurate you will receive it. If you have moved since your last dealings with the HO just inform them of your new contact address.

Hi Frontier Mole, I am in a similar situation. I had a gap of 5 months between employment but had my visa was valid at that time and I did not receive any curtailment letter from HO. I know that there is a rule for ILR that gaps between employement should not be more than 60 days and so I was told I will not be eligible for ILR. Could you please advise? Thanks.

[ravisb_2014]

If you don't receive curtailment letter and not paid for more than 2 months (60 days), will it be problem while applying ILR.

[iworker]

where is this 60 days not getting paid will be problem for ilr rule comes in.
as long as the leave is not curtailed, a new leave is applied and the employee is getting paid correctly at the time of applying of ilr, he should be fine.

[ravisb_2014]

Appreciate your reply and your wisdom.
The reason I asked this question was : I was not getting paid for more than 3 months while switching to Tier 2 G from Tier 2 G. I was planning to go to different country if this causes a problem for ILR, but your answer has relieved me a lot. Thanks once again.

[JoeLawerence2]

where is this 60 days not getting paid will be problem for ilr rule comes in.
as long as the leave is not curtailed, a new leave is applied and the employee is getting paid correctly at the time of applying of ilr, he should be fine.

Hi iworker. I think the 60 days employment gap was brought into effect in April 2013. In the below link on page 28 it says: “Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, you must disregard this period for ILR.”

https://www.gov.uk/government/uploads/s ... _clean.pdf

I am in a similar position where I have a gap of 5 months between employment while on a valid Tier 2 General visa. But because of this rule my interpretation is that I will be ineligible for ILR.

[JoeLawerence2]

Hi guys. Any comments on my above post? Thanks.