Gap between two employments

[imrantak]

Dear Experts

My continuous period in UK starts from Jan 2009. (Tier 2 Intra compnay transfer)

> I moved to Tier 1 General in December 2009.
> I left my job in March 2010 and went to India for around 40 days.
> I came back in April and got a new job in Oct 2010.

I am with the same employer since then.

I will complete my 5 year duration in Jan 2014 which means I can apply for ILR in Dec 2013.

But I am confused about the new ruling about the absence between two employments.

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Where an applicant’s continuous residence period includes time spent as a Tier 2 Migrant or a work permit holder, annual leave includes a short holiday taken on conclusion of employment, where the applicant applied to work for a new employer within 60 days of the conclusion of the previous employment (see link on left: Breaks in the continuous lawful period).
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[uksettlement]

The break in employment doesn't apply to tier 1. U were on on tier 1 when u had a break hence u r fine!