Tier 2 General - ILR - Continuous Employment & 6 years limit

[imx77]

Hi all,

History
I obtained my first Tier-2 General visa in October 2013 with my first sponsor company.
At the end of July 2014, I left my first employer and this visa was curtailed late December 2014. Between August 2014 and January 2015, I was looking for a new employer. I completed a fresh Tier-2 General visa application within the time limits (60 days) mentioned in the curtailment letter.
I currently have a Tier-2 General visa valid until October 2019.

Normally I could be eligible for ILR after 5 years of employment, in October 2018 provided that I fulfil 5 years of continuous employment starting from Oct 2013. However, there is a 5-6 months gap between my first and second employers and my visa was curtailed during that time as explained above.

Added complication is that there is a 6-months time limit to stay under the Tier 2 General visa.

My question is that
- Can I get ILR in October 2015 even though there is 5-6 months gap in employment? if no
- Can I extend my Tier 2 General visa until February 2020 (5 years of continuous employment from the second Tier 2 G (January 2015) application after my visa was curtailed)?

I would appreciate your comments if you ever found yourself in this rare situation.

Thanks in advance.

[iworker]

if i were u, i would apply for ilr after 5 years on tier 2.. there is a risk of rejection due to gap, but there is nothing u can do
you cant extend it beyond 6 years.

[imx77]

Thanks for your comment iworker.
I will try it in Oct next year probably.

In regards to extending Tier 2 beyond 6 years, what if my second Tier 2 sponsorship would be considered a brand new application as my visa was curtailed? In that case I would have enough time to complete the continuous employment requirement.
It doesn't sound like a fair treatment restarting the continuous employment count but not resetting the time limit to stay under Tier 2 visa, does it?

[CR001]

In regards to extending Tier 2 beyond 6 years, what if my second Tier 2 sponsorship would be considered a brand new application as my visa was curtailed? In that case I would have enough time to complete the continuous employment requirement.
It doesn't sound like a fair treatment restarting the continuous employment count but not resetting the time limit to stay under Tier 2 visa, does it?

You would only be considered a new/fresh tier 2 with a new 6 year max period if you had 12 months between visas and applied for a new entry clearance from home country.

[rubyracer2]

One way could be try under the 10 year route instead of the 5 year Tier 2 route. If your spouse can get a T2H sponsored job , you could change your visa as his/her dependent, complete another 5 years and apply for ILR.

[imx77]

One way could be try under the 10 year route instead of the 5 year Tier 2 route. If your spouse can get a T2H sponsored job , you could change your visa as his/her dependent, complete another 5 years and apply for ILR.

Looks like trying an ILR application as iworker suggested is the best option right now. If that fails I will then try the 10 year route. Latter is such a long shot though, considering there might be changes in immigration rules after Brexit. I wonder that would even effect Tier 2 General visas...

[CR001]

considering there might be changes in immigration rules after Brexit.

Brexit effect EU migrants and NOT migrants on the UK immigration route.

[imx77]

if i were u, i would apply for ilr after 5 years on tier 2.. there is a risk of rejection due to gap, but there is nothing u can do

So there's a possibility that ILR would still be granted after 5 years at Tier 2 G.
Would there any arguments I can make in case of a rejection due to the gap in employment?