Tier 2 extension applying in between jobs

[madz88]

Hi,

I lost my job with my sponsored employer on 28th September 2017.

A new sponsor is trying to employ me but to complete the Labour Market Test they will need to relist the job advert (as the first ones didn't have a salary range). My concern is that by the time we go to apply for the extension it will be the 11th December 2017 which will be 74 days.

I haven't yet received my visa curtailment notification. Is it likely that the visa will be refused because it is over the 60 days or will it be ok?

Thanks,

[CR001]

Is it likely that the visa will be refused because it is over the 60 days or will it be ok?

No.

There are two 60 days issues you need to be aware of.

1. 60 days employment gap, which is written in the immigration rules. This is calculated from the date of your last employment to the date of a new application submission.

2. 60 days curtailment letter takes a couple/few of months to be sent out (across all visa categories and is not specific to Tier 2) and this letter basically reduces the validity of your visa (if it is valid for more than 60 days) and you must either make an application within this time or leave at the end of the 60 days. It effectively tells you that after 60 days from date of the letter, your visa will be cancelled and you will be an overstayer.

[madz88]

Hi CR001 - thanks for your response.

Where does a 60 day employment gap prove problematic?

Thanks,
Maddi

[CR001]

Where does a 60 day employment gap prove problematic?

When you apply for ILR. A gap of more than 60 days means your ILR is likely to be refused.