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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am on their 2 visa. First granted on June 2009. Would like

Resolved Question:

I am on their 2 visa. First granted on June 2009. Would like to make application for indefinite leave. However, I was unemployed for a year last year although my their 2 visa was still running. Would this be considered a break in continuous stay?I have been in UK since 2002 applied for indefinite leave last year and home office declined saying broke continuous stay in 2004 due to late application. So my continuous stay starts from march 2004. Not sure whether to apply. under 10 continuous stay or 5 year work stay, please advise. Thank you
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Why were you unemployed?

Are you on a Tier 2 General visa?

Did you inform the Home Office?

Have you obtained a new sponsor employer?

Kind regards,

Tom
Customer: replied 3 years ago.

The council I was.working for lost their sponsor license. I was unemployed from November 2012 to December 2013. I am on a tier 2 general. I made an application for indefinite leave to remain in January 2013. Home office declined saying I made late application in 2004 march so didn't qualify as long stay. They said I should continue on the tier 2 visa. I informed the home office in September 2013 that unemployed. Got a new sponsor on December 5 2013. Want to apply again but not sure whether to apply under long stay or better under 5 year work as I have held the their 2 since June 2009

Expert:  Thomas replied 3 years ago.
Hi

Thanks for your reply.

If it is the case that you informed the Home Office of your unemployment and were able to apply to switch to your new sponsor then you continuous leave should be regarded as being maintained even though you lost your job.

This means that you can apply for either 10 year long residence OR under the 5 years now spent on your tier 2 visa.

There is a greater evidential burdern for you to prove in the case of the long resdemce application simply because the length of time is longer. If you think it's a bit too much administrative hassle pulling together the documents for this, then I would apply on the basis of the 5 years under your tier 2 visa. The application fees are the same, so it's really up to you to identify any documentary weaknesses in the proposed long residence applicaiton and if there are then apply under Tier 2.

Kind regards,

Tom
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