5 Years ILR Refused due to Continuous period broken

[mithralaya1]

Hello,

On Friday, my application for ILR 5 year route has been refused.

Reason: During 2016 I switched my job between sponsors and the period out of employment is about 80 days and the requirement is only 60 days.

I had this doubt for a long time, I switched sponsor using a lawyer in 2016, but that lawyers were so sure that they said I have 60 days from the time I receive my curtailment letter. I never received such letters from Home Office

I consulted many other lawyers specifying exact dates that I left my old employer and joined new, and everyone said that I am suppose to receive a curtailment letter from home office and that the 60 days period start from that point.

I requested Subject Access Request (All my immigration history) from Home office and the period between the employment had nothing but "Curtailment not pursued - compliant"

I even called Home office twice over last 1 year (even 2 days before my application date) and even they mentioned that I am suppose to receive my curtailment letter for the 60 day period to kick start.

With all this information and doubtfully, I applied on 19/05 Friday and got rejected exactly on the point that I broke my continuous period due to 80 days between employment.

MY QUESTIONS:

• - Is there any grounds for appeal?

• - I am also eligible for my 10 year route way back in January this year. Does this affect my 10 year route as well?

• - They got hold of my origInal documents. Can I request them to send it back to me ASAP if I don't want to appeal? How long will it take for me to receive the documents?

I hope this post will be helpful for anyone in my situation.

Its a very stressful situation and any help would be much appreciated.

Many thanks,

[CR001]

There is no appeal right for ILR refusals based on PBS route as far as I am aware.

The 60 days from date of last employment to submission of new application is pretty set, many have been caught out.

Did you resign from your previous sponsor?

[mithralaya1]

Yes, They ran out of funding and have to redundant me. I found another job but the new employer took some time to get everything sorted.

[zimba]

It is a misconception that you must get a curtailment letter for your 60 days period start. That is NOT true. The 60 days is the time limit between the last day of your job and the date you submit a new Tier 2 application.

[mithralaya1]

Thank you,
- I am also eligible for my 10 year route way back in January this year. Does this particular thing affect my 10 year route as well?
- They got hold of my origInal documents. Can I request them to send it back to me ASAP if I don't want to appeal? How long will it take for me to receive the documents?

[mithralaya1]

Does this break my lawful residence as well?

[zimba]

- I am also eligible for my 10 year route way back in January this year. Does this particular thing affect my 10 year route as well?

No, this is only relevant to 5 year ILR under Tier 2.

- They got hold of my origInal documents. Can I request them to send it back to me ASAP if I don't want to appeal? How long will it take for me to receive the documents?

If you still have valid visa, all your documents should be with you after 14 days passed from AR.

[mithralaya1]

Thank you