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ILR elibility

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

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whizzzman
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ILR elibility

Post by whizzzman » Sun Oct 22, 2017 1:49 pm

I entered the UK in Mar-2013 on T2G visa. Sponsor license revoked on 14 Sep-2014. Hadn't got the curtailment letter (or email). 2 other colleagues did on 20 Oct-2014. I applied for same day visa on 16 Dec-2014 and another guy a week before me. Considering we were sent curtailment letters on/after 20-Oct - are we/am I, in violation of the 60-day rule that could affect eligibilty for ILR? If yes, how was I allowed to switch sponsors back then? What do you think my options are?

Ta

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CR001
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Re: ILR elibility

Post by CR001 » Sun Oct 22, 2017 1:57 pm

There are two different, unrelated 60 days issues.

1. You cannot have a gap of more than 60 days between employment for ILR. This is calculated from the date of last employment to the date of new application. This is written in the immigration rules and there have been ILR refusals posted by members due to the gap in employment.

2. 60 days curtailment letter reduces your visa validity and gives you the time to apply for another visa and if you don't you have to leave by the last date of the 60 days.

The two are completely separate issues.
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whizzzman
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Re: ILR elibility

Post by whizzzman » Sun Oct 22, 2017 2:15 pm

My last working day with that employer was 31 Oct-2014. Rule 1. in your response applies from the day employer license got revoked and rule 2. from date curtailment received, if I'm not wrong?? I want to understand which of these makes me ineligible for ILR, if at all.

TA

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CR001
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Re: ILR elibility

Post by CR001 » Sun Oct 22, 2017 2:18 pm

The 60 days employment gap (if applicable) would make you ineligible for ILR.

What was the reason for revocation and did the sponsor appeal this or not? HO could well argue that if the date of licence revocation was 14th September, you were technically not allowed to work after this date.

When you say your last date of employment was 31st October, did you work for the 6 weeks up to this date?
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whizzzman
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Re: ILR elibility

Post by whizzzman » Sun Oct 22, 2017 2:41 pm

Reason was non-compliance on the part of a lazy dumb in HR. He failed to report an employee who left months ago among other irregularities. Employer didn't appeal as it was due to gross negligence and they've felt an appeal wouldn't benefit the 3 of us, after consulting a legal expert. I was told about it at the end of September when I put in my resignation and served notice until end of October.

I haven't seen any rule that directs me to end my employment abruptly, I'm no legal expert of course.

Tia

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CR001
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Re: ILR elibility

Post by CR001 » Sun Oct 22, 2017 3:19 pm

I haven't seen any rule that directs me to end my employment abruptly, I'm no legal expert of course.
If a sponsor licence is revoked, you are no longer a sponsored employee by that sponsor.

They would have likely been notified of a suspension and investigation before revocation.
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Re: ILR elibility

Post by whizzzman » Sun Oct 22, 2017 3:50 pm

Can I ask for another year's extension of my current visa? Does it have any "clauses" or is it generally allowed to all who ask for a 6th year extension?

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Re: ILR elibility

Post by CR001 » Sun Oct 22, 2017 4:04 pm

You can only hold a Tier 2 General visa for a maximum of 6 years, regardless of how many sponsors you have had.
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Re: ILR elibility

Post by whizzzman » Sun Oct 22, 2017 4:13 pm

Thanks a lot.

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