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Tier 2 ILR Application - unemployed period

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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iRulzz
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Joined: Thu Mar 30, 2017 2:38 pm

Tier 2 ILR Application - unemployed period

Post by iRulzz » Thu Mar 30, 2017 2:44 pm

I have a doubt on ILR Settlement details and it’s disturbing me all the time.

I had my Tier 2 General Sponsor from My Previous Employer from 27 April 2013 to 27 April 2016. I resigned My job in January 2015 and my last day with my previous Employer was End of March, I also know that my previous employer Informed the UKBA on the same day to cancel my Visa.

I got a New Offer Letter from my New Employer in April end 2015 but however there was a delay in the advertisement process and Finally got my Visa in 1st week of August 2015. So clearly there was more than 4 months Delay Between my Previous Employment and my Current Job and I was NOT paid at that time. I also read in a Blog that we need to Apply for the visa no more later than 60 days while switching the Tier 2 Visa between Old and New Employer. But in My case it was more than 4 months.

I got the Curtailment letter from Home office by end of July 2015 giving me 60 days time to find a sponsor but however I applied my Visa next week and got it in 1st week of August 2015. So I stayed Legally in the UK and didn't overstay. I was wondering, will it be a problem while Applying for my ILR with the 4 months gap between switching the Visa'a. Could you please advise me on this. How to overcome this?

Any advises would be highly appreciated.

Many Thanks in Advance.

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CR001
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Re: Tier 2 ILR Application - unemployed period

Post by CR001 » Thu Mar 30, 2017 2:46 pm

I have split your post. It is considered rude to tag your question onto other members' topics and it also creates confusion. Keep all your questions in your own topic (this one).
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

iRulzz
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Posts: 6
Joined: Thu Mar 30, 2017 2:38 pm

Re: Tier 2 ILR Application - unemployed period

Post by iRulzz » Fri Mar 31, 2017 3:26 pm

Apologies. Thanks for splitting this up.

Hope to get some clarifications on this topic.

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zimba
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Re: Tier 2 ILR Application - unemployed period

Post by zimba » Fri Mar 31, 2017 4:01 pm

Given that your applied before your visa was curtailed and within the 60 days mark, then your continuous stay is not broken.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

happytohelp
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Re: Tier 2 ILR Application - unemployed period

Post by happytohelp » Fri Mar 31, 2017 8:39 pm

zimba88 wrote:Given that your applied before your visa was curtailed and within the 60 days mark, then your continuous stay is not broken.
zimba88, however, as per ILR rules is this not a violation? Continuous stay is one element for the total maximum 6 year stay on a Tier 2 visa, however, for the 5 year continuous period for ILR, is it not broken when the gap in employments is more than 60 days?

The rules actually make it easier for them to make you leave the country for 1 year cooling off by ensuring that your continuous period is not broken for the 6 years. So after 6 years, you have no way of renewing the visa and no way of applying for ILR because of the over 60 days gap, no?

rubyracer2
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Re: Tier 2 ILR Application - unemployed period

Post by rubyracer2 » Sat Apr 01, 2017 12:05 am

zimba88 wrote:Given that your applied before your visa was curtailed and within the 60 days mark, then your continuous stay is not broken.
Hi zimba are you sure about this?

Since OP's last day with previous employer was March 31st and he applied for new leave in July. So shouldnt the continuous stay be broken in this case.

Ifig
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Re: Tier 2 ILR Application - unemployed period

Post by Ifig » Wed May 03, 2017 2:21 pm

Hi iRulzz
I have researched for posts to such situations in this forum. I have seen people posting refusals for such conditions. Although some of them have gone for AR but there has been no info about the outcome of these.
Good luck with your ILR application.
Regards,
Ifig

raminxp
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Re: Tier 2 ILR Application - unemployed period

Post by raminxp » Thu Jan 10, 2019 2:56 pm

iRulzz wrote:
Thu Mar 30, 2017 2:44 pm
I have a doubt on ILR Settlement details and it’s disturbing me all the time.

I had my Tier 2 General Sponsor from My Previous Employer from 27 April 2013 to 27 April 2016. I resigned My job in January 2015 and my last day with my previous Employer was End of March, I also know that my previous employer Informed the UKBA on the same day to cancel my Visa.

I got a New Offer Letter from my New Employer in April end 2015 but however there was a delay in the advertisement process and Finally got my Visa in 1st week of August 2015. So clearly there was more than 4 months Delay Between my Previous Employment and my Current Job and I was NOT paid at that time. I also read in a Blog that we need to Apply for the visa no more later than 60 days while switching the Tier 2 Visa between Old and New Employer. But in My case it was more than 4 months.

I got the Curtailment letter from Home office by end of July 2015 giving me 60 days time to find a sponsor but however I applied my Visa next week and got it in 1st week of August 2015. So I stayed Legally in the UK and didn't overstay. I was wondering, will it be a problem while Applying for my ILR with the 4 months gap between switching the Visa'a. Could you please advise me on this. How to overcome this?

Any advises would be highly appreciated.

Many Thanks in Advance.
OP did you get your ILR okay? I'm the same boat

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CR001
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Re: Tier 2 ILR Application - unemployed period

Post by CR001 » Thu Jan 10, 2019 3:30 pm

raminxp wrote:
Thu Jan 10, 2019 2:56 pm
iRulzz wrote:
Thu Mar 30, 2017 2:44 pm
I have a doubt on ILR Settlement details and it’s disturbing me all the time.

I had my Tier 2 General Sponsor from My Previous Employer from 27 April 2013 to 27 April 2016. I resigned My job in January 2015 and my last day with my previous Employer was End of March, I also know that my previous employer Informed the UKBA on the same day to cancel my Visa.

I got a New Offer Letter from my New Employer in April end 2015 but however there was a delay in the advertisement process and Finally got my Visa in 1st week of August 2015. So clearly there was more than 4 months Delay Between my Previous Employment and my Current Job and I was NOT paid at that time. I also read in a Blog that we need to Apply for the visa no more later than 60 days while switching the Tier 2 Visa between Old and New Employer. But in My case it was more than 4 months.

I got the Curtailment letter from Home office by end of July 2015 giving me 60 days time to find a sponsor but however I applied my Visa next week and got it in 1st week of August 2015. So I stayed Legally in the UK and didn't overstay. I was wondering, will it be a problem while Applying for my ILR with the 4 months gap between switching the Visa'a. Could you please advise me on this. How to overcome this?

Any advises would be highly appreciated.

Many Thanks in Advance.
OP did you get your ILR okay? I'm the same boat
Please do not dig up topics that are almost 2 years old.

1. There is NO employment gap restriction, it has been removed.

2. You also posted about applying for Tier 1 Ent???
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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