ILR 5 year route, absent from country in between jobs

[Rupinder1982]

Hi Guys
Wondered if you could help out with this doubt that I am struggling to find answer on Home Office website.

I entered on Tier 2 (general) Visa in June 2012. Since then I have changed my sponsor twice. Even though there has not been a break in the continuity of my visa at any point, however in between changing 2 jobs I decided to take a break and went back home for about 2 months. So for this time I had a valid visa and a job in hand but I was unemployed for 61 days.

Does this have an impact on eligibility for ILR now via 5 year route?

[makky86]

Hi Guys
Wondered if you could help out with this doubt that I am struggling to find answer on Home Office website.

I entered on Tier 2 (general) Visa in June 2012. Since then I have changed my sponsor twice. Even though there has not been a break in the continuity of my visa at any point, however in between changing 2 jobs I decided to take a break and went back home for about 2 months. So for this time I had a valid visa and a job in hand but I was unemployed for 61 days.

Does this have an impact on eligibility for ILR now via 5 year route?

List down the exact dates e.g.

Date of last day at previous employer
Date of application at new sponsor

[Rupinder1982]

1. 1st Visa : from 27th March 2012 Valid till 26th March 2014
2. While in employment with the first sponsor got selected for the second job and applied for a new sponsor visa before giving my resignation notice.
3. 2nd Visa issued on 17th December 2013 (still working with the first employer)
4. Last day with first employer 16th Jan 2014.
5. Left for India 23rd Jan 2014 and back on 14th March 2014
6. Started working with the second sponsor on 17th March 2014

Thanks a lot for helping out

[makky86]

1. 1st Visa : from 27th March 2012 Valid till 26th March 2014
2. While in employment with the first sponsor got selected for the second job and applied for a new sponsor visa before giving my resignation notice.
3. 2nd Visa issued on 17th December 2013 (still working with the first employer)
4. Last day with first employer 16th Jan 2014.
5. Left for India 23rd Jan 2014 and back on 14th March 2014

Were you out of the United Kingdom for business trip? Was this part of you annual vacation?

6. Started working with the second sponsor on 17th March 2014

Thanks a lot for helping out

[Rupinder1982]

Were you out of the United Kingdom for business trip? Was this part of you annual vacation?

It was just to have a break from work and to spend some time with family. I had asked my employer to delay my joining date. Hence, unpaid and not working for anyone during that duration.

[makky86]

Were you out of the United Kingdom for business trip? Was this part of you annual vacation?

It was just to have a break from work and to spend some time with family. I had asked my employer to delay my joining date. Hence, unpaid and not working for anyone during that duration.

Any unpaid holidays more than 30 days have to be notified by employer. In order to get ILR you have to provide letter from the employer that all the holidays outside the UK were fully paid and part of the entitlements

you will not be able to provide this letter which may result in refusal but I suggest you wait for experts

[bbreddy]

I am not an expert, but here are my two cents.

The official definition of continuous period calculation includes the below clause, which may work in your favor:

Holidays taken on the conclusion of employment
Where an applicant’s continuous residence period includes time spent as a Tier 2
migrant or a work permit holder, annual leave can include a short holiday taken on
conclusion of employment, if the applicant made an immigration application to work
for a new employer within 60 days of the conclusion of the previous employment.

You seem to have been eligible to apply for ILR way long back. Why did you not apply as yet?

If you do decide to apply, can you please post the outcome here.

Thanks

[Rupinder1982]

Thanks Guys. I have held back as I was busy with an exam and wanting to give some extra time finding out about this issue. I think I might just take a solicitors advise before applying. I am going to apply 3rd week Sep. Will keep you posted.

[Rupinder1982]

you will not be able to provide this letter which may result in refusal but I suggest you wait for experts
[/quote]

Just wanted to check, which experts are you referring to? (I am new here)