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60 days GAP? in 5 years continuous employment\continuou stay

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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jimjace
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Posts: 9
Joined: Sat Dec 24, 2011 1:55 am
Location: Sheffield

60 days GAP? in 5 years continuous employment\continuou stay

Post by jimjace » Mon Feb 13, 2017 6:22 pm

Thanks to everyone in advance for your time

I want to apply for ILR Set(O) under Tier-2. My summary is below followed by one eligibility question.

Current Visa Expiry:14/02/2018
Current Salary: £35000 (since 01/01/2017)
Current SOC Code:2136 Computer Programmer
5 Years Same Job, Same Code, Same employer
First Tier-2 Visa: 14/02/2012
Second Tier-2 Visa Issue:12-01-2015
3rd Tier-2 Visa Issue: 03/06/2016
Life in the UK Test: Passed
English Language: UK Bachelor’s Degree


During my second Tier 2 extension leave (from 2015 to 2018) my Sponsor forgot to renew their license which was due in September 2015 so my Visa was curtailed. The first curtailment letter was issued on 22 March 2016 (28 May 2016)curtailment date but was never delivered to me, and I discovered about it on Liverpool Airport on 26/03/2016 after returning from a holiday. After checking with Home office whether I was still able to work or not during the curtailment period, my employment was terminated on 4 April 2016. In the meantime I received another curtailment letter issued on 03 May 2016 which had a visa curtailment date of 05-July-2016. My Sponsor applied for a new Sponsorship and then I reapplied on the new CoS and got a new BRP 03/06/2016 at Sheffield Premium Service Center (same day application) back again for the same employer and same job before my curtailment expiry date of 05/07/2016, my current BRP expires on 14-02-2018.


My basic question is am I eligible to apply for ILR under 5 year continuous stay and continuous employment? but the answer to this question relies on the following technical parts

1) What is the status of first curtailment letter?

2) My job termination date was 4 April and new visa same day application was 3 June. Would this be considered continuous employment?

3) If I go ahead and apply for the same day application, what should I mention in my cover letter? Should I include the curtailment letter copy or just mention its dates etc? Should I mention the 60 days Gap situation at all?


Thank you very much guys
Regards
Jim

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

60 days GAP? 2 curtailment letters

Post by Casa » Mon Feb 13, 2017 6:38 pm

No need to duplicate the post in another sub-forum. Please continue in your other thread as this is an ILr question.

http://www.immigrationboards.com/indefi ... 25330.html
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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