Tier 2 General - 60 days break

[pbnaresh]

Hi All,

Company1
On Payroll from : 03/07/2014 to: 31/03/2015
Tier 2 General 5year from: 23/06/2014 to:08/07/2019

Company2
On Payroll from: 01/04/2015
First COS valid from: 19/02/2015 to:20/05/2015 Expired (literally forgot to apply for visa)
Second COS valid from:04/06/2015 to:05/09/2015 Isued second COS by company2
Tier 2 General(3 year) from: 06/06/2015 to: 05/06/2018
65 days gap from last working day at Company1 to date of Visa application. Same day visa.I started working and got payslips and bank statement from 01/04/2015 itself.

I am aware that if there is gap of more than 60 days from last working day to date of visa application then that is considered as break in 5 year route. But in my case, I am actually working for the company2 but I forgot to apply for visa before COS got expired.

Will I still be opted out from ILR route??

[CR001]

Your biggest problem and breach of tier 2 is that you worked for another sponsor when you did not have a visa or right to do so, on a visa linked only to company 1.

You should only have started working and getting paid by company 2 AFTER you got the new Tier 2 general visa NOT the CoS.

[makky86]

Hi All,

Company1
On Payroll from : 03/07/2014 to: 31/03/2015
Tier 2 General 5year from: 23/06/2014 to:08/07/2019

Company2
On Payroll from: 01/04/2015
First COS valid from: 19/02/2015 to:20/05/2015 Expired (literally forgot to apply for visa)
Second COS valid from:04/06/2015 to:05/09/2015 Isued second COS by company2
Tier 2 General(3 year) from: 06/06/2015 to: 05/06/2018
65 days gap from last working day at Company1 to date of Visa application. Same day visa.I started working and got payslips and bank statement from 01/04/2015 itself.

I am aware that if there is gap of more than 60 days from last working day to date of visa application then that is considered as break in 5 year route. But in my case, I am actually working for the company2 but I forgot to apply for visa before COS got expired.

Will I still be opted out from ILR route??

I do not understand how you were working for employer 2 when you did not have permission to work.
If you apply for ILR it will get refused as you breached Tier 2. If you apply for ILR then employer will get fine and his license may get revoked.

Wait for Gurus response too.