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gap in employment while switching

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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faris
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Posts: 6
Joined: Sun Sep 25, 2011 9:58 pm

gap in employment while switching

Post by faris » Sun Sep 25, 2011 10:28 pm

hi
am switching now to Tier 2, and applied by post since 4 weeks, now waiting for the decision, meanwhile am in an odd situation as am switching from old WP to Tier2 but with new employer who want to pay a bigger salary to match the code of practice req.

problem is: my visa will expire by tomorrow, i did the biometric but still no news, and now my WP employer says that he want to keep me employed but as my visa will end by tomorrow, he is not sure now, and think i should stop working unless i show him a text in UKBA site or a form.

in case i couldn't convince him, and i had to stop working for him and thus will have a gap of 1-2 weeks till receive my Tier2 visa, will that gap effect me when apply for IRL in next year? (especially as am sure new Tier2 visa will start from the end of my current visa) so there will be no gap in the visa but only in employment because of switching and waiting for the new visa
I will appreciate any help guys
thanks

faris
Newly Registered
Posts: 6
Joined: Sun Sep 25, 2011 9:58 pm

Re: gap in employment while switching

Post by faris » Mon Sep 26, 2011 12:08 am

another question
i was just checking my old WP document, one of the letters in my company name is wrong !! will that make an issue when applying for IRL? meanwhile they did write the correct name in the letter i received when i extended my leave to remain with same employer?
should I be worry?
cheers

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Sep 26, 2011 3:48 am

If you made an in-time valid application, then your current WP leave will be treated as continuing, under section 3C. Therefore, you can continue to work with the current WP employer - even after expiry date of WP leave has passed by.

You can show the official UKBA document (click on the link above), or you can ask the WP employer to enquire about your right to work from the Sponsorship and employers' helpline.

To your questions:
1. Will the gap affect ILR eligibility - No, because it is not a gap / break in valid leave (section 3c).
2. Misspelled company name - No effect.
Life isn't fair, but you can be!

faris
Newly Registered
Posts: 6
Joined: Sun Sep 25, 2011 9:58 pm

Post by faris » Mon Sep 26, 2011 12:04 pm

thanks alot sushdmehta
that was really helpful

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