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ILR eligibility for T2 general curtailed

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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tibaddam
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ILR Eligibility - Payroll gap more than 60 days

Post by tibaddam » Wed Aug 02, 2017 8:34 pm

First sponsor - Employment start date - 21-10-2013
First employer sponsor ship canceled , curtailment letter received from HMRC on 22-10-2015
Notice given by HMRC 60 Days to find new employer , before 22-12-2015.

First employer generated P45 with the last date of employment as 14-09-2015 (This is not with my knowledge) . P45 submitted to HMRC on 03-11-2015



Second sponsor - Employment start date - 19-12-2015 ( before 2 days expiry the date given by HMRC).


Questions - if i consider the last date of employment as in P45(14-09-2015) , My second job started on 19-12-2015 so there is more than 60 days gap between end date and start date.

if i consider the curtailment letter received date 22-10-2015 and My second job started on 19-12-2015 so there is less than 60 days gap between end date and start date.

not sure what will happen in this scenario, P45 submitted with out my knowledge and i am not aware of my last date until i receive curtailment letter from the HMRC.

I will be eligible for ILR 20-10-2018 as per the 5 years terms. but not sure what will happen in this scenario.

can any body suggest about ILR Chances and problems .

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CR001
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Re: ILR Eligibility - Payroll gap more than 60 days

Post by CR001 » Wed Aug 02, 2017 8:37 pm

What date was your last working day and what date did you SUBMIT your next Tier 2 General application?

Note: HMRC is the Tax man. It is HO or UKVI for visas/sponsors.
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tibaddam
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Re: ILR Eligibility - Payroll gap more than 60 days

Post by tibaddam » Wed Aug 02, 2017 8:41 pm

last day with my first employer was 14-09-2015 .
Curtailement letter received from HOME OFFICE on 22-10-2015 With the 60 days Period ends on 22-12-2015.
start day with second employer was 19-12-2015.(same day appointment)

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CR001
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Re: ILR Eligibility - Payroll gap more than 60 days

Post by CR001 » Wed Aug 02, 2017 8:52 pm

CR001 wrote:What date was your last working day and what date did you SUBMIT your next Tier 2 General application?
i.e. application date of new tier 2 with new sponsor.
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tibaddam
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Re: ILR Eligibility - Payroll gap more than 60 days

Post by tibaddam » Wed Aug 02, 2017 9:04 pm

last day with my first employer was 14-09-2015 .
I have submitted my T2 General application with new employer on 30-10-2015 , it took time to go through the job advertisement i have got the Visa on 19-12-2015 with the same day appointment.

Thanks a lot for answering.

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CR001
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Re: ILR Eligibility - Payroll gap more than 60 days

Post by CR001 » Wed Aug 02, 2017 9:13 pm

submitted my T2 General application with new employer on 30-10-2015 , it took time to go through the job advertisement i have got the Visa on 19-12-2015 with the same day appointment.
What do you mean by application with new employer on 30th Oct and in person appointment.

I am trying to establish the date that you applied for the new visa, not for the job with a new sponsor and not the date of CoS issue.
Char (CR001 not Casa)
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tibaddam
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Re: ILR Eligibility - Payroll gap more than 60 days

Post by tibaddam » Wed Aug 02, 2017 9:18 pm

Last day with first employer 14-09-2015
New visa with new employer on 19-12-2015

Thanks

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CR001
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Re: ILR Eligibility - Payroll gap more than 60 days

Post by CR001 » Wed Aug 02, 2017 9:34 pm

Then the gap is more than 60 days and will likely be a problem for ILR.
Char (CR001 not Casa)
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tibaddam
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Re: ILR Eligibility - Payroll gap more than 60 days

Post by tibaddam » Wed Aug 02, 2017 9:44 pm

Any idea, what r the options I have for ILR?
First employer hided the information about my last day working day.
I came to know about sponsorship cancellation of first employer after I received the curtailment letter from home office ..not sure what I have to do.. any inputs are greatly help.

tibaddam
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ILR eligibility for T2 general curtailed

Post by tibaddam » Tue Sep 19, 2017 9:18 pm

ILR eligibility for T2 general curtailed visa. Employer license revoked on 14-09-2015. We got curtailment letters on 22-10-15.and have time to find a new employer up to 22-12-2015 .I have found new employer on 19-12-2015. So there is more than 90 days payroll gap from the day license is revoked. But I found new employer before my curtailment period end. Am I eligible for ILR in 5 years route

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Re: ILR eligibility for T2 general curtailed

Post by poper » Tue Sep 19, 2017 9:33 pm

If the difference of your last day of employment in your previous company and your date of application to change sponsors(which was successful) is >60 days this breaks your 5 years continuity period
Payroll gap is immaterial
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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CR001
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Re: ILR eligibility for T2 general curtailed

Post by CR001 » Wed Sep 20, 2017 9:14 am

Topics Merged (click)

Starting a new topic and asking the same question again is not going to change the answer you were already given.
Char (CR001 not Casa)
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