Tier 2 to ILR with 100+ days employment gap

[Raj_ILR]

Hi All,

Any advise is greatly appreciated!

I am currently on a Tier 2 General visa. I got my visa on Dec 2012, coming from Tier 1 (PSW). However due to being made redundant in May 2014, I had to leave my employer and find another employer, which I managed, but the employer sponsor license kept getting rejected due to various reasons, after 3 attempts my current employer was able to get the sponsor license and I made an application on September 2014 and the application was successful. I got my Tier 2 visa for 3 years under shortage occupation.

Now, due to this delay, I incurred an employment gap of 100+ days, My leave was curtailed mid August, but I managed to make an in-time application in September 2014, within the 28 days grace period to make an application.

I now want to apply for ILR based on 5 year continuous leave in Tier 2, however I read that a gap of more than 60 days, is considered a break in this continuous stay/employment.

My Questions:
1. Can I still apply for ILR next year as I would have been in Tier 2 visa for 5 years? Also since I made the second application in time?

2. I am unable to extend the visa beyond 6 years in Tier 2, I cannot stay in my current visa for more than 4 years and 2 months. So would they consider this for my case for ILR?

3. I will have stayed in the UK for 9 years January 2018. Would this be considered?

4. I have heard that there are cases where ILR is granted with 60+ employment gaps, what did they do?

I have read plenty of materials and posts regarding this, but not able to find a viable solution. It would be great help if anyone can throw some light on this!

[Raj_ILR]

Can anyone please shed some light regarding this matter.
or provide a link to similar situation.

Thank you!

[poper]

Hi All,

Any advise is greatly appreciated!

I am currently on a Tier 2 General visa. I got my visa on Dec 2012, coming from Tier 1 (PSW). However due to being made redundant in May 2014, I had to leave my employer and find another employer, which I managed, but the employer sponsor license kept getting rejected due to various reasons, after 3 attempts my current employer was able to get the sponsor license and I made an application on September 2014 and the application was successful. I got my Tier 2 visa for 3 years under shortage occupation.

Now, due to this delay, I incurred an employment gap of 100+ days, My leave was curtailed mid August, but I managed to make an in-time application in September 2014, within the 28 days grace period to make an application.

I now want to apply for ILR based on 5 year continuous leave in Tier 2, however I read that a gap of more than 60 days, is considered a break in this continuous stay/employment.

My Questions:
1. Can I still apply for ILR next year as I would have been in Tier 2 visa for 5 years? Also since I made the second application in time?
60+ days gap between last day of employment and date of Tier 2 application for sponsor switch breaks the required 5 year continuity period for ILR.
See similar thread below:
indefinite-leave-to-remain/tier-2-to-il ... 28424.html

2. I am unable to extend the visa beyond 6 years in Tier 2, I cannot stay in my current visa for more than 4 years and 2 months. So would they consider this for my case for ILR?
What was the reason of your employer's license being repeatedly rejected. If HO was at fault, maybe the caseworker might apply discretion

3. I will have stayed in the UK for 9 years January 2018. Would this be considered?
No, put on another year and you can apply under Long Residency

4. I have heard that there are cases where ILR is granted with 60+ employment gaps, what did they do?
Not sure. Browse through the forum

I have read plenty of materials and posts regarding this, but not able to find a viable solution. It would be great help if anyone can throw some light on this!