Guidance required on my situation - Employment gap

[JoeLawerence2]

Hi guys, I will very much appreciate your suggestions for my situation:

I am on Tier 2 General visa from May 2011, so will complete 5 years in May 2016. I had a five month gap in employment in this period but I was on valid Tier 2 General visa at the time within the UK and did not get any curtailment letter from UKBA.

I am only eligible to extend my visa till May 2017 to be within the 6 years limit imposed by applications after April 2011. So, after May 2017, what are my options to continue working? My company is keen to have me continue working and likewise I would also want to get ILR. But I am in a bit a soup now as because of my break in employment I will not be able to get ILR (due to the 60 days employment gap rule) and won’t be able to extend my visa beyond May 2017 (due to the 6 years maximum rule). Can you please advise if there is any way I can continue working beyond May 2017 or if I can become eligible for ILR.

Thanks.

[JoeLawerence2]

Any replies pls?

[JoeLawerence2]

Any guidance pls?

[iworker]

1 you will be eligible for ilr with 5 months employment gap as long as you applied for the new leave without first one being curtailed (whih appears to be the case), as long as you satisfy other conditions of ilr.
2. you are not under the 6 years cap as your first leave is before april 2012, so technically u can extend your tier 2 as long as you want.

[JoeLawerence2]

Hi iworker, thanks for your response. Much appreciated.

I am concerned about this UKBA rule with regards to gap in employment for ILR: “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.”

For the 6 year limit, from my research on UKBA guidelines it says 6 April 2011 rather than 2012 when the 6 year limit rule becomes applicable

[JoeLawerence2]

Any response from iworker or anyone else? Thanks.

[JoeLawerence2]

Anyone please

[JoeLawerence2]

No one yet

[advanceswine]

Hi Joe,

Just would like to follow up as I am the same situation. You mentioned you were to complete 5 years in May. Could you share whether your ILR application was successful?

Thanks