Tier 2 General - Break in Employment

[M KAG]

Hi,
I have been in the UK since 2012. I was due for a visa renewal mid-last year and my lawyer applied for the same under the same SOC codes as my circumstances haven't changed.

The same got denied as the lawyer failed to check the SOC codes have been revised and the same job type had to be applied under a different SOC number.
Another application was made within the stipulated time and a new SOC code was used by the lawyer, again the visa got declined as not matching SOC. Finally another application was made by matching the job profile again. At that point, home office indicated that until a further decision was made my company should put me off the job.
My company issued a letter to me stating the same and in the next 26 days, I received an email from lawyer that the visa has been granted and employment can commence immediately.

I am due to apply for my ILR based on my 5 year completion later next year and was trying query details fro my lawyer to be more prepared for the same. During which they consulted some case workers and revert back that my application for ILR will be rejected as I had a break in employment. None of this has neither been my fault and neither was the period even greater than a month. Although the lawyer initially assumed I was off the job for two months, in reality it was less than a month. My lawyer seems so unclear about the process and way forward. I do not want to waste the last so many years and my future which is now at stake. Can someone please advise if I can apply for ILR or what is the other way forward as I also learnt I can't extend Tier 2 Gen beyond 6 years.


Thanks n Regards
MK

[gag285]

Did you ever receive a curtailment notice during the period of your leave in last 5 years ? If not and based on the fact that you were granted leave on correcting the SOC,you do not seem to have come up as an overstayer ( taking into consideration the two refusals) you should fulfill the condition of continuous leave. I wouldn't take advice from a solicitor who forgot to take into account the SOC changes for you.

[iworker]

i personally think u are good to apply for ilr.
i think you had applied each time for extension before the 28 days expired of the day of your rejection.
Furthermore, if u had been overstayer, u would not have been allowed to extend your visa.
ditch this lawyer and apply for ilr. IMO

[M KAG]

"Did you ever receive a curtailment notice during the period of your leave in last 5 years ? If not and based on the fact that you were granted leave on correcting the SOC,you do not seem to have come up as an overstayer ( taking into consideration the two refusals) you should fulfill the condition of continuous leave. I wouldn't take advice from a solicitor who forgot to take into account the SOC changes for you.


Hi,
Thanks for your response. All the notices are with lawyer itself as they have been handling the case from my companies behalf. Last year I had just finished 3 years and hence the renewal.

The reason they are now quoting are more based on the fact that after second application being rejected, they said home office wanted my company to put me off the rolls until a decision is made.

Now they are referring to the same stating, they have had cases in past where ILR was sanctioned but new developments and case workers are stating it will get rejected.

Kind regards
MK

[M KAG]

i personally think u are good to apply for ilr.
i think you had applied each time for extension before the 28 days expired of the day of your rejection.
Furthermore, if u had been overstayer, u would not have been allowed to extend your visa.
ditch this lawyer and apply for ilr. IMO

Thank you for your response.
Yes I had applied within 28 days. But the fact that before the third application they asked my company to put me off rolls until home office makes a decision. Hence now they state there is a Break in Employment and hence case worker may reject application.

Kind regards
MK

[iworker]

break or continuity of employment is not necessary for ilr. What is necessary for ilr is continuous tier 2, which u had.. as u had always applied within 28 days of rejection.
Once ur visa was rejected, when u applied again (for the first time), since that was out of leave application, u should have stopped working at that moment.
However, in any case, i still think u are eligible. the company u are quoting are stupid and talking full.
there has been no change in rules about this recently.

[M KAG]

break or continuity of employment is not necessary for ilr. What is necessary for ilr is continuous tier 2, which u had.. as u had always applied within 28 days of rejection.
Once ur visa was rejected, when u applied again (for the first time), since that was out of leave application, u should have stopped working at that moment.
However, in any case, i still think u are eligible. the company u are quoting are stupid and talking full.
there has been no change in rules about this recently.

Thanks! for the response.
I also came across some document on GOV.UK website which highlights points for calculating continuous period in UK. They have also listed break in employment as a possible reason for a reject, however there is no specific detail. I also came across Citizens Advice Bureaus which I believe have advisers who can assist in guidance with regards to the same.. Would it make sens for me to contact them.. please advise.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf