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ILR implications due to delay in joining new sponsor

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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bariaji
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India

ILR implications due to delay in joining new sponsor

Post by bariaji » Tue Aug 01, 2017 4:21 pm

Hi,

My last job terminated on 16th June 2017. I managed to find a new sponsor and received a new Tier 2 General Visa on 25th Jul 2017 . However, it looks like due to prolonged pre-employment paper work I would not be able to start on the new job till mid September. I have lived in the UK continuously on Tier 2 General Visa since Feb 2013. And there have been no other employment gap apart from the one mentioned above.
Will the almost 3 month gap between the termination of my previous job and the start date of the new one ( inspite of having a new valid visa) impact my ILR application which I intend to make early next year ?

Thanks
bariaj

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makky86
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Re: ILR implications due to delay in joining new sponsor

Post by makky86 » Tue Aug 01, 2017 10:46 pm

bariaji wrote:Hi,

My last job terminated on 16th June 2017. I managed to find a new sponsor and received a new Tier 2 General Visa on 25th Jul 2017 . However, it looks like due to prolonged pre-employment paper work I would not be able to start on the new job till mid September. I have lived in the UK continuously on Tier 2 General Visa since Feb 2013. And there have been no other employment gap apart from the one mentioned above.
Will the almost 3 month gap between the termination of my previous job and the start date of the new one ( inspite of having a new valid visa) impact my ILR application which I intend to make early next year ?

Thanks
bariaj
If you have been grant Tier 2 already then how come you cannot start the job? Will you still get paid until mid of september?
This is breach of Tier 2. Your sponsors might get his license revoked.

Wait for Gurus but if you're not paid then it might be trouble for you.
II Youths a stuff neve endures II

iworker
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Re: ILR implications due to delay in joining new sponsor

Post by iworker » Wed Aug 02, 2017 9:15 am

makky86 wrote:
bariaji wrote:Hi,

My last job terminated on 16th June 2017. I managed to find a new sponsor and received a new Tier 2 General Visa on 25th Jul 2017 . However, it looks like due to prolonged pre-employment paper work I would not be able to start on the new job till mid September. I have lived in the UK continuously on Tier 2 General Visa since Feb 2013. And there have been no other employment gap apart from the one mentioned above.
Will the almost 3 month gap between the termination of my previous job and the start date of the new one ( inspite of having a new valid visa) impact my ILR application which I intend to make early next year ?

Thanks
bariaj
If you have been grant Tier 2 already then how come you cannot start the job? Will you still get paid until mid of september?
This is breach of Tier 2. Your sponsors might get his license revoked.

Wait for Gurus but if you're not paid then it might be trouble for you.
The start date can be altered by the sponsor and is not a breach.
I would advise to keep all the docs and proof that you changed the visa and all in time and that should be enough. IMO

bbreddy
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Re: ILR implications due to delay in joining new sponsor

Post by bbreddy » Wed Aug 02, 2017 9:47 am

I am in a similar situation too.

My previous job ended on 7th Aug. My new Tier 2 visa was approved on 23rd Sep. The COS has the start date as 5th Oct, but my actual start date was 1st Nov. The delay in start date was partly due to delay in receiving the BRP card.

The HMRC records also show that the start date is 1st Nov. Not sure if/when the start date was updated in SMS portal of HO.

Will this anyway impact the ILR? Will it come under 60 days rule?

bariaji
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Location: London
India

Re: ILR implications due to delay in joining new sponsor

Post by bariaji » Wed Aug 02, 2017 3:25 pm

iworker wrote:
makky86 wrote:
bariaji wrote:Hi,

My last job terminated on 16th June 2017. I managed to find a new sponsor and received a new Tier 2 General Visa on 25th Jul 2017 . However, it looks like due to prolonged pre-employment paper work I would not be able to start on the new job till mid September. I have lived in the UK continuously on Tier 2 General Visa since Feb 2013. And there have been no other employment gap apart from the one mentioned above.
Will the almost 3 month gap between the termination of my previous job and the start date of the new one ( inspite of having a new valid visa) impact my ILR application which I intend to make early next year ?

Thanks
bariaj
If you have been grant Tier 2 already then how come you cannot start the job? Will you still get paid until mid of september?
This is breach of Tier 2. Your sponsors might get his license revoked.

Wait for Gurus but if you're not paid then it might be trouble for you.
The start date can be altered by the sponsor and is not a breach.
I would advise to keep all the docs and proof that you changed the visa and all in time and that should be enough. IMO
What exactly does the requirement for ILR that there should not be employment gap of more than 60days mean ? incoming salary should not have more than 60days gap? Or Visa sponsorship should not have more than 60days gap? Or time between termination of previous job and joining of new one should not be more than 60days ?

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CR001
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Re: ILR implications due to delay in joining new sponsor

Post by CR001 » Wed Aug 02, 2017 3:27 pm

It means no more than 60 days gap between last date of employer (day you left) and new application for a different sponsor on Tier 2 General.
Char (CR001 not Casa)
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