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ILR continuous period with break in employment

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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NewILRTier
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ILR continuous period with break in employment

Post by NewILRTier » Mon Aug 29, 2022 7:56 am

Hi all,
Could you please clarify that if there is a break in employment for Tier2 visa holder does it need to be excluded while calculating the 5 years continuous period for ILR. I am confused as the gov.Uk website says the person needs to be actively participate in the UK economy for 5 years. As the break in employment breaks this clause I am confused how to proceed.
For example if the entry date to UK is on 3rd September 2017 and if there is a break of 1 month in employment for Tier2 visa holder, will 3rd October 2022 or 3rd September 2022 be the completion date of 5 years for ILR application?. Please clarify.
Thanks

vinny
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Re: ILR continuous period with break in employment

Post by vinny » Mon Aug 29, 2022 9:56 am

When was the break in employment? A break in employment under 60 days between employers was allowable. If there was continuous leave, then I think you should be okay.

Moreover, the continuous employment requirement between employers was deleted from 11 January 2018.
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NewILRTier
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Re: ILR continuous period with break in employment

Post by NewILRTier » Mon Aug 29, 2022 1:02 pm

Hi Vinny, Thanks for your reply. While switching the employer in 2020. My last day was 17/1/2020 . My COS with new employer was generated on 28/1/2020 . But my BRP came on 15/2/2020 so had to join the new company on 17/2/2020.
So this one month was the gap in employment. I am
Confused do I need to deduct this one month while calculating the 5 year period.
Thanks

NewILRTier
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Re: ILR continuous period with break in employment

Post by NewILRTier » Mon Aug 29, 2022 1:05 pm

When you say a gap of 60 days in employment is allowed, we can include the gap up to 60 days while calculating the 5 years period for ILR?. Even though effectively I don’t have a job and In turn not participating to the UK economy

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CR001
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Re: ILR continuous period with break in employment

Post by CR001 » Mon Aug 29, 2022 1:22 pm

I am Confused do I need to deduct this one month while calculating the 5 year period.
No!! An employment gap is NOT an issue. You are over thinking this.
Char (CR001 not Casa)
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NewILRTier
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Re: ILR continuous period with break in employment

Post by NewILRTier » Mon Aug 29, 2022 1:24 pm

Thanks Char001

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