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Did you mean 2012 above & not 2013? I would suggest that you make a SAR to find out when your former employer submitted NPEE to the UKBA to end your former WP LTR. It may be that your subsequent T2 leave was granted within the allowed 60 day period, even though, according to the dates mentioned above it doesn't appear to be so.asad_coolsubha wrote:Thanks for your reply
09 dec 2011 - date made redundant
20-dec-2011 - New job Contract offered
10-Feb-2013 - Certificate of Sponsorship issued
08-March-2013 - Tier 2 general leave to remain issued
I was hoping that since I was not illegal in staying after my employment ended until the date it got switched to a valid leave to remain I will be Ok. Someone said that since I never breached any rule of my leave, I should be fine.
If your last day in your old employment was 9th Dec then it won't matter when your employer notified HO. Even if they had notified HO after 9th Dec, your employer would have put the end date as 9th Dec which means your WP terminates on 9th. Also you would need a letter of absences from your previous employer which again will have an end date of 9th Dec.cs95tdg wrote:Did you mean 2012 above & not 2013? I would suggest that you make a SAR to find out when your former employer submitted NPEE to the UKBA to end your former WP LTR. It may be that your subsequent T2 leave was granted within the allowed 60 day period, even though, according to the dates mentioned above it doesn't appear to be so.asad_coolsubha wrote:Thanks for your reply
09 dec 2011 - date made redundant
20-dec-2011 - New job Contract offered
10-Feb-2013 - Certificate of Sponsorship issued
08-March-2013 - Tier 2 general leave to remain issued
I was hoping that since I was not illegal in staying after my employment ended until the date it got switched to a valid leave to remain I will be Ok. Someone said that since I never breached any rule of my leave, I should be fine.
What you need to find out is whether there was a delay from when you were made redundant on 09 dec 2011 to the termination of your then WP leave. A SAR should help you do this.
See... http://www.immigrationboards.com/viewto ... ht=#779654asad_coolsubha wrote:Sorry but what is npee and sco thing you mentioned?
That's interesting, and something I wasn't aware of. Do you have a UKBA website reference to that piece of information to read?asad_coolsubha wrote:They said that according to tier 2 guidance if employment ends and current visa remaining is less than 6 months (which was true in my case) then I'm allowed to stay until that leave expires.
Correct, that's a separate thing and too meet the requirements to be eligible for ILR is a separate thing. You can ask your previous employer the exact details they sent to UKBA. Also submit an application for SAR report as suggested above. Note- it can take upto 2 months to get the report backasad_coolsubha wrote:Thanks for the replies.
I just want to clear one thing that I wasn't an over stayer as I confirmed this from UKBA helpline. They said that according to tier 2 guidance if employment ends and current visa remaining is less than 6 months (which was true in my case) then I'm allowed to stay until that leave expires. Unless that's the case, UKBA writes a letter curtailing the leave to 60 days which I never received.
Confused now.
Reading the following continuous residence guidance may help you understand what constitutes as a break in continuous residence. See Pages 12-13 http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binaryasad_coolsubha wrote:Could you please give me a link to the thing where it states that doing the above would reset the period and you'll have to do 5 years again.
SAR report has nothing to do with your application. You don't have to submit that report anywhere and there is a completely different department who collects this info and prepare a file. This report is just for your own sake to give you an idea where you standasad_coolsubha wrote:Thanks a lot for your help guys. Specially to the guru. I think the only option would be to split and try to make them understand that I could have applied within 60 days as I got cos but did not because it was taking 6 to 8 weeks in postal application hence spending more money and making a PEO appointment, which is the truth.
About sar, I think it's a good idea but I'm only afraid that they might start looking at the dates more closely and when I do go, they start scrutinising me for it.
Thanks a lot guys for your time.
Cheers