1) Could you confirm whether continuous employment and continuous residence requirement for ILR is broken or not under the following hypothetical scenario? Considering the below extract from page 27 and 30 of ILR guidance- calculating continuous period in the UK.
Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, you must disregard this period for ILR.
AND
Work permit holders must have been employed continuously in the UK throughout the 5 years, under the terms of their work permit, or in the employment for which they were granted leave to enter or remain. However, you must not consider the continuous period to be broken provided that during a break in employment, they applied within 60 days of the end of their previous employment for: · a new work permit and/or leave as a work permit holder · leave as an employee under any provisions of part 5 of the Immigration Rules
2) Can the applicant apply on the 30th August 2016 considering 90days concession rule and 28 days rules?
APPLICANT'S IMMIGRATION HISTORY
The applicant holds a Tier 2 (Minister of Religion) visa granted from outside the UK on 23rd September 2011 valid till 30th November 2013. She came to the UK on 19th November 2011 (57 days after visa granted). Applicant changes her sponsor and made a same day application which was granted on the 28th November 2013 valid till 28th November 2016.
The new employer Sponsor licence was revoked by the Home Office and, on 30th March 2013,the Home Office correspondingly curtails the applicant's original leave to 29th May 2013 (i.e. giving 60 days to the applicant to make a fresh application to remain or to leave the UK).The Applicant stopped working with the sponsor on the day she received her curtailment letter that is 30th March 2013.
During the curtailment period the applicant stays in the UK, receives a new offer and, after going through Resident Labour Market Test and receiving a new Certificate of Sponsorship, is able to make a premium Tier 2 application on 28th May 2013 (59 days of stop of work with sponsor). She is then issued a new Tier 2 valid until 21 July 2017.
The applicant completes her five year residence in the UK in 23rd September 2016 and would like to apply to ILR on the 30 August 2016 (using 28 days rules). She fulfils all the other criteria (Applicant have never been outside the UK since she came in November 2013, still employed, and passed Life in the UK and English language tests).
Yours faithfully,
Minister Bukola
