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ILR: 60 day period between change of employers

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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kc0793
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ILR: 60 day period between change of employers

Post by kc0793 » Thu Oct 26, 2017 2:48 pm

Hi,

I have been on Tier 2 general since Oct 2012. My question is regarding a gap in employment.

My particular situation:
Date left Tier 2 employer - 2 May 2014
Date new employer put in Tier 2 application - 24 July 2014 (83 days gap)

Tier 2 policy guidance document states in 267, which deals with conditions for ILR.
If you have switched employers while in the UK, you must have applied for leave with your new employer/sponsor within 60 days of the end of your employment with your previous employer/sponsor.
SET(O) form (the ILR application form) states in 6.2
If you have had a gap between periods of valid leave, your leave will only be considered to be
continuous if the late application was submitted:
• before 24 November 2016 and no more than 28 days after your previous leave expired
So am I correct in thinking that the 83 day gap is fine since it is less than 60+28 days?

Thanks

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CR001
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Re: ILR: 60 day period between change of employers

Post by CR001 » Thu Oct 26, 2017 2:58 pm

So am I correct in thinking that the 83 day gap is fine since it is less than 60+28 days?
No you are not correct. The 60 days and 28 days are two completely different issues.
Char (CR001 not Casa)
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