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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 11036
Experience:  Barrister 17 years experience
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I am changing my employer. What is the maximum gap between

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HelloI am changing my employer. What is the maximum gap between employment for ILR applicationsI can get. I am currently on Tier 2 visa and would like to apply for ILR once eligible.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long did you work for your last employer?

Customer: replied 6 days ago.
Thanks
Customer: replied 6 days ago.
First employer 25/5/2016 to 13/12/2017
Second Employer 16/1/2018 to ?
Third Emplloyer 1/8/2018 till 1/8/2021
How long can I take before 1/8/2018?

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

1. Dear Ali, I am your Expert and I will answer your question.

2. The maximum period you can be out of work for an ILR application is 60 days as otherwise, your Tier 2 visa will officially lapse and you won´t be validly in the UK, which means any period of continuous residence for ILR will have to start again. So, you should really arrange for another employer to sponsor you for a fresh Tier 2 visa before you end your current employment and Tier 2 visa. This is because you have to leave the Uk within 56 days after the end of the Tier 2 visa you are currently on. Be aware additionally, if you don´t get a Tier 2 visa, another type of visa, such as a spouse visa will permit you to live in the UK but the five year period of continuous residence for ILR will begin again because you have changed visa categories. So be aware of this limitation as well.

3. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website despite answering your question.

4. I see you have given the answer a negative rating. The bot***** *****ne is that you need to work until 5th June 2018 if you wish to take up employment with your new employer on 1st August. This is within the 56 day period. I hope this clarifies the issue and makes it clearer for you.

Customer: replied 4 days ago.
Even if I had 13/12/17 till 16/1/2018 unemployment gap? Can I still have a gap from 5/6/2018 till 1/8/2018?

5. Your previous employment gaps make no difference as you were still in the UK on a valid visa. Essentially, so long as you don´t exceed 56 days between any employment, your Tier 2 visa doesn´t lapse so the period still counts towards the necessary five years continuous residence necessary for Indefinite Leave to Remain. The important point is that you are still lawfully in the UK on a visa which has not lapsed. It is not actually the time spent in employment which counts towards the five years continuous residence but the time spent on a Tier 2 visa. Your Tier 2 visa is still valid for 56 days after you cease employment.

Buachaill, Barrister
Category: Law
Satisfied Customers: 11036
Experience: Barrister 17 years experience
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