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
-
Logan82
- Newbie
- Posts: 37
- Joined: Tue Jun 20, 2017 1:36 pm
Post
by Logan82 » Tue Jun 20, 2017 1:55 pm
Hi All,
I am on tier 2 general visa since 15th June 2012 and now i am eligible to apply for Indefinite leave to remain. i was working for a employer and their sponsor license got expired on 30 Nov 2013. we've got letters from Home office on 25th March 2014 curtailing our leave for 60 days (25th March 2014 - 25 May 2014). we didn't know about the expired license and we continue to work until we get the curtailment letter.
1. will this situation affect my 5 year continues period ?
after curtailing the work permit, i decided to continue with my studies and apply for tier 4 visa on May 2014. but in june 2014 i got a job offer from my current employer and they were willing to sponsor me. then i have varied my tier 4 application and applied for variation to tier 2 on first week july 2014 and tier 2 was granted on September 2014 for 3 years.
2. Will this be a affect to my 5 year continues period ?
Thanks in advance for your replies.
-
marcnath
- Moderator
- Posts: 6493
- Joined: Tue Jul 03, 2012 3:27 pm
- Location: Milton Keynes
Post
by marcnath » Tue Jun 20, 2017 2:08 pm
Logan82 wrote:Hi All,
I am on tier 2 general visa since 15th June 2012 and now i am eligible to apply for Indefinite leave to remain. i was working for a employer and their sponsor license got expired on 30 Nov 2013. we've got letters from Home office on 25th March 2014 curtailing our leave for 60 days (25th March 2014 - 25 May 2014). we didn't know about the expired license and we continue to work until we get the curtailment letter.
1. will this situation affect my 5 year continues period ?
after curtailing the work permit, i decided to continue with my studies and apply for tier 4 visa on May 2014. but in june 2014 i got a job offer from my current employer and they were willing to sponsor me. then i have varied my tier 4 application and applied for variation to tier 2 on first week july 2014 and tier 2 was granted on September 2014 for 3 years.
2. Will this be a affect to my 5 year continues period ?
Thanks in advance for your replies.
When did you leave the first job ?
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
-
zimba
- Moderator
- Posts: 21922
- Joined: Mon Aug 11, 2014 6:13 pm
- Location: UK
- Mood:
Post
by zimba » Tue Jun 20, 2017 3:07 pm
If the period between the day you left the first employment to the day you applied for a new application was more than 60 days, your continuous qualifying period for ILR is broken.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
-
Logan82
- Newbie
- Posts: 37
- Joined: Tue Jun 20, 2017 1:36 pm
Post
by Logan82 » Tue Jun 20, 2017 3:41 pm
my last day was 31 March. how home office going to know that i left the job on exact day ?
-
marcnath
- Moderator
- Posts: 6493
- Joined: Tue Jul 03, 2012 3:27 pm
- Location: Milton Keynes
Post
by marcnath » Tue Jun 20, 2017 3:43 pm
Logan82 wrote:my last day was 31 March. how home office going to know that i left the job on exact day ?
That would be obvious in any HMRC document, submitted such as P60s, payslips, etc. So you have a break of more than 60 days, which breaks your continuity.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
-
Logan82
- Newbie
- Posts: 37
- Joined: Tue Jun 20, 2017 1:36 pm
Post
by Logan82 » Tue Jun 20, 2017 4:03 pm
so i left the job on 31st march and apply for tier 4 on 23rd May before expiration of the curtailment. i did not proceed with it and later apply for a variation to tier 2. i guess i applied in the 60 days period
-
zimba
- Moderator
- Posts: 21922
- Joined: Mon Aug 11, 2014 6:13 pm
- Location: UK
- Mood:
Post
by zimba » Tue Jun 20, 2017 4:37 pm
It seems you should be fine
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
-
marcnath
- Moderator
- Posts: 6493
- Joined: Tue Jul 03, 2012 3:27 pm
- Location: Milton Keynes
Post
by marcnath » Tue Jun 20, 2017 6:00 pm
Logan82 wrote:so i left the job on 31st march and apply for tier 4 on 23rd May before expiration of the curtailment. i did not proceed with it and later apply for a variation to tier 2. i guess i applied in the 60 days period
Yes, as a variation application has the same date as the original application that was varied.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.