Immigrationboards.com

Dear all, can you please advise on the following case: Somebody has been on two Tier 2 general for the last 5 years, currently and still continuing to work for the 2nd tier 2 sponsor. However, during his 1st Tier 2 general, extending for 6 months, he was never allowed to work for the sponsor company due to the company internal change of circumstances. This 1st sponsor cancels their sponsorship after 4 months of visa issuanace, but the visa does not get curtailed by the home office until the applicant secures and receives his 2nd Tier 2 general with a different sponsor. Based on this history, is the 1st Tier 2 visa of the applicant (total of 6 months) counted toward his 5 year ILR requirement or not. 2. In case of doubt, what is the risk of applying and being rejected on the grounds of early application (will that, eg. disallow the applicant to apply again within a certain period of time, etc). Many thanks and Best Regards

As discussed many times, you get 60 days. If the gap between last day of the previous employment and the new application is more than 60 days, then the continuous period for ILR is broken. Curtailment letter is not relevant

With respect can you please be more specific. The question is specifically, does a Tier 2 visa (general) under the explanied circumstances (i.e. visa without working and salary) count towards 5 years ILR requirement or not, please assume no 60 days period has been breached amd no curtailment occured. Is the ILR requiremnet on the Visa or is it on the Visa plus Work.

It is relevant because as per rules the period between leaving a sponsor and the date of a new Tier 2 application (with a new sponsor) must be less than 60 days for the continuous period to be preserved for ILR. So if the migrant was never put on payroll and never worked for the first sponsor, then the continuous period was broken and the ILR specified period will be counted from the day of the 2nd Tier 2 application.