Tier 2 Visa, gap of 8 months am I eligible?

[sohil109]

I've been in 1 WP and 2 Tier2 for the past 5 years.
When I changed from my pervious Tier 2 to the current one, there is
a gap of 8 months (processing time 3 months).
The reason is, I lost the Job and was under the grace period in UK and managed to get a job.

I finished 5 yrs in Oct 2012.
Am I eligible to apply ILR?

[cs95tdg]

The information you have provided is insufficient to comment. It would help if you could list the corresponding information as done in the following topic: http://immigrationboards.com/viewtopic.php?t=126073

I.e. Initial WP EC date, date of first entry, WP LTR expiry date, subsequent Tier2 application date, T2 FLR or EC grant date, T2 LTR expiry date etc....

[sohil109]

sure cs95tdg, will do
thank u

[sohil109]

1st WP: 2007 Oct - 2010 Oct

Visa Date: 10th Oct 2007
Joined in UK: 17th Oct 2007
Completed: 16 Jun 2010

1st Tier2: Jun 2010 - Jun 2012
Joined: 24 Jun 2010
Left: 23 Dec 2010 (visa cancelled by employer)

2nd Tier 2: Aug 2011 - July 2014
Joined: 04th Aug 2011, ongoing

This is my time line.

[cs95tdg]

1st WP: 2007 Oct - 2010 Oct

Visa Date: 10th Oct 2007
Joined in UK: 17th Oct 2007
Completed: 16 Jun 2010

a) Is the date that you mention as "Joined in UK" the date you first entered the UK on that visa?
b) Was the date you mention as "Completed" the expiry date of that visa? & or the date you left the UK?

1st Tier2: xx Jun 2010 - xx Jun 2012
Joined: 24 Jun 2010

c) Was this an in-country application or EC application? When was the application made?
d) What does the "Joined" date represent? I.e. was it the date you entered the UK on this T2 visa? Or were you already in the UK? Specific dates would help

Left: 23 Dec 2010 (visa cancelled by employer)

e)Were you out of the country between 23 Dec 2010 & xx Aug 2011?

2nd Tier 2: xx Aug 2011 - xx July 2014
Joined: 04th Aug 2011, ongoing

f) When was this 2nd T2 application made?
g) Does the period mentioned here represent the EC validity period? I.e. EC & Expiry dates?
h) What does the "Joined" date represent? I.e. was it the date you entered the UK on this T2 visa?

At a glance I see a clear break in continuous residence on 23 Dec 2010. But will wait for you to answer the questions I've raised above before reaching a conclusion.

[sohil109]

Many thanks cs95tdg...
I've answered that

1st WP: 2007 Oct - 2010 Oct
Visa Date: 10th Oct 2007
Joined in UK: 17th Oct 2007
Completed: 16 Jun 2010

a) Is the date that you mention as "Joined in UK" the date you first entered the UK on that visa?
Entered UK on 16th and offically started the work on 17th.



b) Was the date you mention as "Completed" the expiry date of that visa? & or the date you left the UK?
The day I left the company, had a valid visa.

1st Tier2: xx Jun 2010 - xx Jun 2012
Joined: 24 Jun 2010

c) Was this an in-country application or EC application? When was the application made?
In country, process started on May 2010.


d) What does the "Joined" date represent? I.e. was it the date you entered the UK on this T2 visa? Or were you already in the UK? Specific dates would help
I was in UK, started the work at the new company on that date.

Left: 23 Dec 2010 (visa cancelled by employer)

e)Were you out of the country between 23 Dec 2010 & xx Aug 2011?
I was here in UK.

2nd Tier 2: xx Aug 2011 - xx July 2014
Joined: 04th Aug 2011, ongoing

f) When was this 2nd T2 application made?
Process started on May 2011

g) Does the period mentioned here represent the EC validity period? I.e. EC & Expiry dates?
Tier2 Expiry date

h) What does the "Joined" date represent? I.e. was it the date you entered the UK on this T2 visa?
Joining date on this company.


Everything happened in-country.

[cs95tdg]

IMO, based on what you have said, it appears that you did not have valid LTR in the UK during the period 23 Dec 2010 to xx Aug 2011. This would have resulted in a break in your lawful residence in the UK & reset your ILR clock.

Note that I am rather surprised that you were allowed to make an out-of-time LTR application in the UK when you say you did. I.e. you appear to have had this rather long overstay period between 23 Dec 2010 & xx May 2010 when you were in the UK with and no pending LTR application. Can you elaborate on this for may be others to comment?

[sohil109]

23 Dec 2010 & xx May 2010

On this Period, HO had sent me a letter stating that, I'm allowed to stay until end of June 2010 and I made the FLR application well before that.

[cs95tdg]

Can you elaborate to explain what "type" of leave you were granted (& the purpose of the grant) by the Home office for that period? It's not something I'm familiar with, so cannot really comment on myself. Were there any restrictions associated with it? E.g. Restrictions on work...