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ILR application with 6 months gap in job

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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PowFiz
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ILR application with 6 months gap in job

Post by PowFiz » Fri Jan 19, 2018 6:38 pm

Hi all,

This forum seems to be really helping lot of folks around! Well done for doing such a spectacular job..

Following is my timeline of events on various visa categories:

1. Tier 4 (General) Student Visa [Duration: 24/09/2009 - 30/11/2012]

2. Tier 1 (HS) Post Study [Duration: 28/09/2011 - 28/09/2013]

Started working for company X from 10/10/2011 onwards.

3. Tier 2 (General) {i.e. visa sponsorship by company X} [Duration: 30/09/2013 - 12/10/2016]

4. Tier 2 (General) {i.e. visa extension by company X} [Duration: 22/10/2016 - 27/09/2019]

5. Company X made me redundant on 17th Jan 2017

I tried to inform UKVI about it in early Feb, 2017; the person on phone stated that they (UKVI) will get notified from the company's house closure/ from HM Revenues & I don't need to inform them or give any of my details, I would get a letter with all the options available to me.
So I waited for a letter of curtailment for 'Leave to Remain' and still haven't got any till date.

Mean while, I managed to get a job in July, 2017 at company Y.
Worked there on 20 hours per week basis as a second job under same job spec as existing Tier 2 (General) visa under company X.
They liked my work and decided to sponsor my visa under Tier 2 (General) Shortage Occupation List category.

I applied on priority basis to get it immediately within one day. It was successful and got a BRP.

6. Tier 2 (General) {i.e. visa extension by company Y} [Duration: 29/08/2017 - 27/09/2019]


Here's my list of question/query:

-> Should I be able to apply by 01/09/2018?

-> Will I face any issues for (approx) 6 months of gap in job. I was still in UK and did not travel outside UK.
And technically based on my past interaction with UKVI, they thought I was still working for company X and did not reject my Visa extension for company Y.

I earn more than the requirement for ILR (by 30/09/2018 of application). And company Y is ready to provide all the relevant documentation.

-> Should I consider going under 10 year ILR route or 5 years Tier 2 transition?

-> I have roughly all the dates of my visits outside of the UK and they haven't exceeded more than 180 days in any year(s).

Any suggestions/ help is appreciated!
May be someone might benefit from this sort of situation? I can update here once I apply for my visa and get the result.

Sorry for that huge dump of text. :)
Thanks in advance.

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CR001
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Re: ILR application with 6 months gap in job

Post by CR001 » Fri Jan 19, 2018 9:27 pm

Mean while, I managed to get a job in July, 2017 at company Y.
Worked there on 20 hours per week basis as a second job under same job spec as existing Tier 2 (General) visa under company X.
They liked my work and decided to sponsor my visa under Tier 2 (General) Shortage Occupation List category.
This is a problem as you can only do a second job if you are still working full time employed by your Tier 2 sponsor. This is a breach of your visa conditions.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

PowFiz
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Joined: Fri Jan 19, 2018 10:28 am
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Re: ILR application with 6 months gap in job

Post by PowFiz » Fri Jan 19, 2018 11:40 pm

Thanks CR001 for the reply.

Noting your comment, I should have not have got the visa extension on Tier 2 right?

I'll double check with my employer about them consulting with UKVI before employing me on 20 hours per week basis (under same job spec).

Thanks again for your comments though. This might give someone a bit clarity if they've undergone/undergoing similar circumstances.

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