60 days employment break on tier 2 General

[desiwanderlust]

Hi everyone - for background and context, I'm currently on a Tier 2 General visa working for an employer since Sept 2013. I have managed to find a new employer who has sponsored my visa. My last date with my current employer is 26/01/2018 and my start date with the new employer as per CoS is 19/02/2018.

On 05 Dec 2017, I got approval for my new visa using the premium service route and am currently awaiting my BRP card. As there is no break between my last date and new visa application, I don't disrupt the 60 days rule for ILR continuous residence of 5 years. However, I wasn't sure if there was any limit on maximum time between ending a job and starting a new one.

What is the maximum amount of time between termination of the first job and starting the second job that would be allowable for the purposes of ILR ? This is on the assumption of two things:

1. Valid Tier 2 visa for the new job is active for the time between the two jobs.
2. The duration between the two jobs is entirely unpaid.

I'd appreciate if I can get a clear response to my above question as the guidance doesn't answer it.

Thanks!

[CR001]

However, I wasn't sure if there was any limit on maximum time between ending a job and starting a new one.

No.

See link below also.

indefinite-leave-to-remain/great-news-6 ... 44892.html

[desiwanderlust]

Hi CR001,

That's amazing news! just in time for me...

do you reckon it would be okay for me to travel out of the country for the 3-4 weeks between the two jobs, provided I have a valid Tier 2 visa with a start date that allows this?

Thanks again for your help - the FOI request I put through just kept giving me a generic response..

[desiwanderlust]

However, I wasn't sure if there was any limit on maximum time between ending a job and starting a new one.

No.

See link below also.

indefinite-leave-to-remain/great-news-6 ... 44892.html

CR001, thanks for the response - I'm in the process of working out a 5 week break between the two jobs and potentially going travelling. Before I do that, I was wondering if you could point me in the direction of the guidance that suggests there is no 'limit' in time taken between the two jobs when counting time towards ILR?

Thanks a lot

[CR001]

The link I have already provided of the amendments is what you need to be looking at.

[desiwanderlust]

The link I have already provided of the amendments is what you need to be looking at.

Sure, I see that the need to be 'continuously employed for 5 years' has now been removed. That just opens the door to a situation where you can keep taking breaks etc between various jobs.

To be honest the thing that's confused me the most is someone telling me I can have more than 4 weeks unpaid in a year... now I know my company has a policy to not give more than 4 weeks unpaid leave to those on a Tier 2, but not sure how that ties in with my case as I have left the firm and will be unpaid for 4-5 weeks while I wait to start my next job...

[makky86]

The link I have already provided of the amendments is what you need to be looking at.

https://www.gov.uk/government/uploads/s ... LE__2_.pdf

Does below paragraph means that tis will be applicable only for the people applying/extending/switiching post 11th Jan 2018?

The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of this statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018.

[CR001]

The link I have already provided of the amendments is what you need to be looking at.

https://www.gov.uk/government/uploads/s ... LE__2_.pdf

Does below paragraph means that tis will be applicable only for the people applying/extending/switiching post 11th Jan 2018?

The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of this statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018.

The changes all come into effect on the relevant date and are not being imposed retrospectively from what I understand.

[makky86]

The link I have already provided of the amendments is what you need to be looking at.

https://www.gov.uk/government/uploads/s ... LE__2_.pdf

Does below paragraph means that tis will be applicable only for the people applying/extending/switiching post 11th Jan 2018?

The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of this statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018.

The changes all come into effect on the relevant date and are not being imposed retrospectively from what I understand.

OK got it.

[desiwanderlust]

The link I have already provided of the amendments is what you need to be looking at.

https://www.gov.uk/government/uploads/s ... LE__2_.pdf

Does below paragraph means that tis will be applicable only for the people applying/extending/switiching post 11th Jan 2018?

The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of this statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018.

The changes all come into effect on the relevant date and are not being imposed retrospectively from what I understand.

Okay, does this mean that as my CoS was assigned to me prior to Jan 2018, I'm still subject to the old rules i.e. Need to be employed continuously for 5 years for the purposes of ILR?

[makky86]

The link I have already provided of the amendments is what you need to be looking at.

https://www.gov.uk/government/uploads/s ... LE__2_.pdf

Does below paragraph means that tis will be applicable only for the people applying/extending/switiching post 11th Jan 2018?

The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of this statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018.

The changes all come into effect on the relevant date and are not being imposed retrospectively from what I understand.

Okay, does this mean that as my CoS was assigned to me prior to Jan 2018, I'm still subject to the old rules i.e. Need to be employed continuously for 5 years for the purposes of ILR?

That is correct. Only COS assigned after 11th Jan 2018 will not be subject o60 days gap.

[cracker1234]

does it mean if I switch to a new employer with COS assigned after 11th Jan, 2018 will suppress my 60 days gap ?

[makky86]

does it mean if I switch to a new employer with COS assigned after 11th Jan, 2018 will suppress my 60 days gap ?

That is what the rule says I guess !

[cracker1234]

does it mean if I switch to a new employer with COS assigned after 11th Jan, 2018 will suppress my 60 days gap ?

That is what the rule says I guess !

Thank you very much indeed. Any reason why after 11th Jan, 2018 ? Just curious to know if anybody did some research because it will allow more people to eligible for ILR and I don't think HO wants that.