More than 60 days employement gap rule for ILR

[mallapum]

Hi,

I have a query related to ILR eligibility

My first entry to the UK is on 04-12-2010 on Tier 2 ICT then later I have switched to Tier 2 (G) on 17-07-2012.
From 17-10-2012 to till date I have been on Tier 2 (G) but in year 2014 when I switched from employer1 to employer2 there was an unexpected employment gap of more than 60 days. Will it have any impact on my eligibility to ILR?

I appreciate your help and inputs

Thanks..

[makky86]

Hi,

I have a query related to ILR eligibility

My first entry to the UK is on 04-12-2010 on Tier 2 ICT then later I have switched to Tier 2 (G) on 17-07-2012.
From 17-10-2012 to till date I have been on Tier 2 (G) but in year 2014 when I switched from employer1 to employer2 there was an unexpected employment gap of more than 60 days. Will it have any impact on my eligibility to ILR?

I appreciate your help and inputs

Thanks..

Provide exact dates

• Last date of employer Old employer

• Date of application with new employer

[mallapum]

Hi makky86,

thanks for your response, here are the exact dates

Employment end date with old employer : 07-04-2014

Applied for job with new employer, few rounds of interviews. I have been confirmed by new employer about job offer, received employment confirmation with employment contract on 13-05-2014

CoS assigned on 04-07-2014
Applied for visa using Priority service on 17-07-2014 and visa was granted on the same day.

[makky86]

Hi makky86,

thanks for your response, here are the exact dates

Employment end date with old employer : 07-04-2014

Applied for job with new employer, few rounds of interviews. I have been confirmed by new employer about job offer, received employment confirmation with employment contract on 13-05-2014

CoS assigned on 04-07-2014
Applied for visa using Priority service on 17-07-2014 and visa was granted on the same day.

Unfortunately you have more than 60 days gap between the switch (101) days

https://www.timeanddate.com/date/durati ... =7&y2=2014

This reset your clock so basically you will be eligible for ILR from Tier 2 on 17-07-2019.

Since you had your Tier2 after 6 April 2011 you can extend only up to 6 years maximum.

[zimba]

Hi makky86,

thanks for your response, here are the exact dates

Employment end date with old employer : 07-04-2014

Applied for job with new employer, few rounds of interviews. I have been confirmed by new employer about job offer, received employment confirmation with employment contract on 13-05-2014

CoS assigned on 04-07-2014
Applied for visa using Priority service on 17-07-2014 and visa was granted on the same day.

Your continuous period of stay is broken. You cannot apply for ILR

[mallapum]

makky86 & zimba88, I appreciate your inputs. It is unfortunate that my continuous stay has broken because of my employer's delay assigning CoS even after releasing the offer and job confirmation. As stated earlier, I have signed employment contract with them on 13-05-2014.

I have few further queries

1. It is my employer's mistake for not assigning the CoS immediately after signing employment contract. Is there any possible of considerations for ILR on this grounds? I have all proofs

2. My first entry clearance to the UK is on 04-12-2010 (Tier 2 ICT), is this rule of more than 60 days employment gap applicable for who entered to the UK before 6-Apr-2011?

Thanks

[makky86]

1. It is my employer's mistake for not assigning the CoS immediately after signing employment contract. Is there any possible of considerations for ILR on this grounds? I have all proofs

Not acceptable. It was your mistake. You should not have left employer until your visa was approved.

2. My first entry clearance to the UK is on 04-12-2010 (Tier 2 ICT), is this rule of more than 60 days employment gap applicable for who entered to the UK before 6-Apr-2011?

Where you read that 60 days gap was intorduced after april 2011?

[mallapum]

Hi makky86,

I appreciate you inputs..
Sorry for the delayed response...

Where you read that 60 days gap was intorduced after april 2011?

It was a question that I want to get clarification, if it is something that can be considered as an exception for the >60 days rule in my case? Please let me know if any such consideration is there or not?

Thanks..

[newjoiner86]

The 60 days break in employment rule has been removed. This will be applicable post mid-Jan 2018. You can search of the details on this by looking for posts by the user "mengo"

[CR001]

The 60 days break in employment rule has been removed. This will be applicable post mid-Jan 2018. You can search of the details on this by looking for posts by the user "mengo"

For those applying or being issued a CoS on or after 11th Jan 2018 as I understand the dates.

[newjoiner86]

I thought the same thing however, the removal of this 60days paragraph is not included in the changes that will only be applicable for COS issues after 11th Jan.

A clarification was provided on the below thread:

indefinite-leave-to-remain/great-news-6 ... l#p1572612

[mallapum]

Excellent!!

It's a great news, thanks everyone for your inputs.

This has bothered me for last few months and many others people are in the similar situation as I have been reading many posts related to the same rule.

Just would like to clarify my understanding, Does it mean I will be eligible to apply for ILR after 10-Jan-2018?

Best Regards..

[newjoiner86]

As long as you did not over stay you should be eligible to apply for ILR. If you didn't get any curtailment letter and your leave was valid throughout the 5 year period you should be eligible as the continuous employment during the five years clause will not be applicable post 10th Jan 2018.

Having said that, no harm consulting a solicitor on it as well.

Do share your experience on the forum once you do apply.

[mallapum]

I have received curtailment letter but made successful application (well with-in 60 days) before the last date that is mentioned in the letter and visa was granted (same category i.e Tier2 General). Does it have any impact on my ILR eligibility?

[makky86]

I have received curtailment letter but made successful application (well with-in 60 days) before the last date that is mentioned in the letter and visa was granted (same category i.e Tier2 General). Does it have any impact on my ILR eligibility?

If you create separte post iwth your question and provide complete immigration history then chances of getting answers are high. Also tagging your own question to someon'e else post causes confusion.

[mallapum]

Hi Makky86,

thanks for your comment..

Please note this is my own post and I have described my immigration history at the top of this post. Kindly let me know if you need any further information to understand my query.

Best Regards..

[newjoiner86]

You mentioned you had received a curtailment letter but you made a successful application within the time frame stated in the curtailment letter. Which means you have not overstayed and the your stay throughout the qualifying period was valid. Since the 60 days gap rule no longer is present from 10th Jan, you are eligible to obtain ILR once your qualifying period is completed.

The more than 60 days gap will not result in a rejection for applications submitted after 10th Jan 2018. Unless there are any other issues, you should be eligible for ILR.