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Tier 2 general, gap in employment when hired before Jan 2018

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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ninja91
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Egypt

Tier 2 general, gap in employment when hired before Jan 2018

Post by ninja91 » Sun Nov 08, 2020 9:15 pm

Hello,

I came to and started working in the UK in Jan 2017. Now I'm changing jobs and was wondering if I can take a break between the two jobs, and whether than would impact my application to the ILR when it comes to it.

I see that the 60 days gap employment rule is removed

Third party weblink removed by moderator.

but it has this concerning exception
"However, if an application has been made for entry clearance or leave to enter or remain before 11 January 2018, the application will be decided in accordance with the Immigration Rules in force on 10 January 2018."

I don't know what that means. If I first came to the UK in 2017, before 11 Jan 2018 when this rule was removed, does that mean that the old rules apply to my case or the new ones?

If it's ok to take a break between jobs, how long could that be?

Please advice only if you had experience with a similar situation and you got the ILR at the end or you know someone who did.

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CR001
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Re: Tier 2 general, gap in employment when hired before Jan 2018

Post by CR001 » Sun Nov 08, 2020 9:23 pm

The January 2018 date specifically refers to absences.

There is no employment gap rule at all.

Please also do not post links to solicitors websites.
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ninja91
Newly Registered
Posts: 4
Joined: Sun Nov 08, 2020 9:06 pm
Egypt

Re: Tier 2 general, gap in employment when hired before Jan 2018

Post by ninja91 » Mon Nov 09, 2020 10:16 pm

Thanks a lot for the reply!

Just to make sure I understand correctly, how long can I take a break between jobs? are there rules restricting that at all?

i.e. can I quit my job, take a 1 year break (provided I can support myself that long), and join another employer and apply to an ILR?

ninja91
Newly Registered
Posts: 4
Joined: Sun Nov 08, 2020 9:06 pm
Egypt

Re: Tier 2 general, gap in employment when hired before Jan 2018

Post by ninja91 » Tue Nov 10, 2020 1:42 am

A more important question, since I’m planning to take that break “after” I switch the visa to the new employer and receive the new brb, wouldn’t that time be considered an “unpaid leave” and terminate sponsorship if it was for 4+ weeks, as the law states for unpaid leaves?

ninja91
Newly Registered
Posts: 4
Joined: Sun Nov 08, 2020 9:06 pm
Egypt

Re: Tier 2 general, gap in employment when hired before Jan 2018

Post by ninja91 » Wed Nov 11, 2020 12:27 am

I would greatly appreciate it if someone can help me with my questions!

Thanks,

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