60 days employment break on tier 2 General

[Gogi]

Hi,

I am on tier 2 Visa. Due to some one negligence i am in a situation that my employment gap is more than 60 days, despite i signed the new offer letter within 60 days and new sponsor applied for license within 60 days, but the whole process took longer than 60 days. So if i now apply for transfer of tier 2 visa to the new employer the gap between the employment is approx 90 days.

So i understand home office will refuse my ILR request after original period of 5 year, due to employment break.

I have already spent 2 years in UK on tier 2.

My question is that tier 2 visa is for 6 years max, in case the tier 2 clock start ticking again now i.e. after 2 years, i cant stay for more than 4 years on tier 2 as total 6 years will be completed, what a will gonna happen after that? And whats the possible solution? If anyone can advise.

[CR001]

What are the circumstances and reasons that you left your last employer/sponsor?

[zimba]

My question is that tier 2 visa is for 6 years max, in case the tier 2 clock start ticking again now i.e. after 2 years, i cant stay for more than 4 years on tier 2 as total 6 years will be completed, what a will gonna happen after that? And whats the possible solution? If anyone can advise.

Tier 2 general rules have been changed to so that people who are not doing high skilled/ shortage list jobs cannot settle in the UK if they are paid less than 35K.
You must either Leave the UK, or
Switch to another visa category, or
If you reached 10 years legal stay apply for long residence visa.

[Gogi]

Thanks.

I resigned from my previous employment.

My salary will be more than £35k when i reaches to ILR stage after 3 years. However i am worried that since i am entering into new employment:

- will i get ILR after 3 years due to break in my employment for more than 60 days (100 days)

-if home office dont give me ILR after 3 years, what i will do, since i understand tier 2 is not extendable for more than 6 years? Do i need to go back after 6 years and my time will be wasted?

Is this to easy to switch between categories & i have a job option on other categories? i have a family to support so i need appropriate level of income. Currently with few bonuses it is higher than 45k.

[zimba]

Please READ the advice given above !!!
You cannot apply for ILR as your continuous period under Tier 2 is broken (more than 60 days gap from the date of first employment termination and the next application date)

[poper]

Thanks.

I resigned from my previous employment.

My salary will be more than £35k when i reaches to ILR stage after 3 years. However i am worried that since i am entering into new employment:

- will i get ILR after 3 years due to break in my employment for more than 60 days (100 days)

-if home office dont give me ILR after 3 years, what i will do, since i understand tier 2 is not extendable for more than 6 years? Do i need to go back after 6 years and my time will be wasted?
Yes, that's what the HO expects(to cut down migrants)

Is this to easy to switch between categories & i have a job option on other categories? i have a family to support so i need appropriate level of income. Currently with few bonuses it is higher than 45k.

If your partner applies for Tier 2 or Tier 4 General, you could switch as a dependent and continue working. If you have a lot of money + business ideas you could opt for Tier 1 Entrepreneur

[Gogi]

Thank you for the advise.

As my visa hasnt been expired yet (still 1 year left) and i am switching to a new employer, do i need to change the dependent visa to make it in line with my visa timelines.

Me and my dependent got the visa at the same time when we entered in the UK in July 2015. The Visa expiry is June 2018.

I havent found any relevant rule in the guidance, also if i am not extending at this point,will the dependent faces any issues in travelling outside the UK.

Thank you

[paradoxical]

Your dependant can continue with the existing visa . You just need to make sure that it is renewed (if it comes to that) before expiry!