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60 days Gap in Employment (T2 to ILR)
Posted: Fri Dec 29, 2017 9:07 am
by Logan82
I am currently on tier 2 general and earning more than appropriate salary level to be qualified for ILR.
Following is my time line;
15th June 2012: Tier 2 Granted – In country (Employer 1)
20 December 2013: Last day at job (Due to redundancy)
24th March 2014: Curtailment start date (Tier 2)
22nd May 2014: Applied for tier 4
24th May 2014: Curtailment End date (Tier 2)
June 2014: New job offer with tier 2 visa (Employer 2)
July 2014: Varied tier 4 application to tier 2
September 2014: Tier 2 Approved
April 2017: New job offer with tier 2 visa (Employer 3)
I have a break in employment (more than 60 days). So, I didn’t apply for ILR in June 2017. but I heard there is a rule change in January which make this 60 days gap go away.
Is this true? will I be able to apply for ILR once this change in place.
Below is the link I got these information from.
https://www.gov.uk/government/publicati ... ember-2017
Re: 60 days Gap in Employment (T2 to ILR)
Posted: Fri Dec 29, 2017 9:47 am
by makky86
Logan82 wrote: ↑Fri Dec 29, 2017 9:07 am
I am currently on tier 2 general and earning more than appropriate salary level to be qualified for ILR.
Following is my time line;
15th June 2012: Tier 2 Granted – In country (Employer 1)
20 December 2013: Last day at job (Due to redundancy)
24th March 2014: Curtailment start date (Tier 2)
22nd May 2014: Applied for tier 4
24th May 2014: Curtailment End date (Tier 2)
June 2014: New job offer with tier 2 visa (Employer 2)
July 2014: Varied tier 4 application to tier 2
September 2014: Tier 2 Approved
April 2017: New job offer with tier 2 visa (Employer 3)
I have a break in employment (more than 60 days). So, I didn’t apply for ILR in June 2017. but I heard there is a rule change in January which make this 60 days gap go away.
Is this true? will I be able to apply for ILR once this change in place.
Below is the link I got these information from.
https://www.gov.uk/government/publicati ... ember-2017
Yes post 11th Jan 2018 you should be able to apply even with more than 60 days gap....
for reference :
https://www.gov.uk/government/publicati ... ember-2017
Re: 60 days Gap in Employment (T2 to ILR)
Posted: Fri Dec 29, 2017 12:08 pm
by zimba
Incorrect. The rule changes will apply to people who get Tier 2 after Jan 2018
Re: 60 days Gap in Employment (T2 to ILR)
Posted: Fri Dec 29, 2017 12:39 pm
by makky86
zimba88 wrote: ↑Fri Dec 29, 2017 12:08 pm
Incorrect. The rule changes will apply to people who get Tier 2 after Jan 2018
hmm where is that speified?
Re: 60 days Gap in Employment (T2 to ILR)
Posted: Mon Jan 01, 2018 12:15 pm
by superhulk
zimba88 wrote: ↑Fri Dec 29, 2017 12:08 pm
Incorrect. The rule changes will apply to people who get Tier 2 after Jan 2018
I don’t think this is correct.
As per gov.uk only 6A.22 and 6A.23 will apply for people having COS after 11 Jan 2018.
Document clearly states that all other changes ( including 6A.4) will be applied for
applications (and not COS) made after 11 Jan 2018
Please correct me if this is not right interpretation.
Re: 60 days Gap in Employment (T2 to ILR)
Posted: Tue Jan 02, 2018 9:17 am
by Logan82
Thank you for the replies guy's.
Re: 60 days Gap in Employment (T2 to ILR)
Posted: Tue Jan 02, 2018 10:13 am
by mengo
The paragraph 245AAA(b) is removed completely. There is no such new paragraph identifying applicant with new or older CoS. So, all applications made after 10th January shouldn't be rejected due to employment gap - obviously may be rejected due to breach of other rules.
Steps after refusal
Posted: Mon Jan 15, 2018 11:37 am
by Logan82
Hi experts,
If a application for visa is refused, can we make a fresh application right away or do we have to do the administrative review first for the refused visa before making an new application ?
Thanks all
Re: Steps after refusal
Posted: Mon Jan 15, 2018 12:08 pm
by tier21419
Logan82 wrote: ↑Mon Jan 15, 2018 11:37 am
Hi experts,
If a application for visa is refused, can we make a fresh application right away or do we have to do the administrative review first for the refused visa before making an new application ?
Thanks all
What is/are the reason(s) for refusal?
Re: Steps after refusal
Posted: Mon Jan 15, 2018 12:18 pm
by Casa
Logan82 wrote: ↑Mon Jan 15, 2018 11:37 am
Hi experts,
If a application for visa is refused, can we make a fresh application right away or do we have to do the administrative review first for the refused visa before making an new application ?
Thanks all
No refusal yet,
Re: Steps after refusal
Posted: Mon Jan 15, 2018 12:33 pm
by Logan82
Casa is right, no refusal. i just asking the steps we can take, can we make a fresh application for same\another category or do we have to do the admin review first and go for fresh application if admin review not successful.
Re: Steps after refusal
Posted: Mon Jan 15, 2018 12:35 pm
by tier21419
Casa wrote: ↑Mon Jan 15, 2018 12:18 pm
Logan82 wrote: ↑Mon Jan 15, 2018 11:37 am
Hi experts,
If a application for visa is refused, can we make a fresh application right away or do we have to do the administrative review first for the refused visa before making an new application ?
Thanks all
No refusal yet,
I think the answer will depend on the refusal itself unless moderators have some information regarding this situation.
Re: Steps after refusal
Posted: Mon Jan 15, 2018 12:47 pm
by Casa
You are free to re-apply without submitting an AR request.
Re: Steps after refusal
Posted: Mon Jan 15, 2018 1:49 pm
by Logan82
Thank you both.
i guess Section 3c leave won't be affected then.
Re: Steps after refusal
Posted: Mon Jan 15, 2018 1:58 pm
by CR001
Logan82 wrote: ↑Mon Jan 15, 2018 1:49 pm
Thank you both.
i guess Section 3c leave won't be affected then.
Only if your visa has not expired yet.
Re: Steps after refusal
Posted: Mon Jan 15, 2018 2:43 pm
by Logan82
CR001 wrote: ↑Mon Jan 15, 2018 1:58 pm
Logan82 wrote: ↑Mon Jan 15, 2018 1:49 pm
Thank you both.
i guess Section 3c leave won't be affected then.
Only if your visa has not expired yet.
CR001 wrote: ↑Mon Jan 15, 2018 1:58 pm
Logan82 wrote: ↑Mon Jan 15, 2018 1:49 pm
Thank you both.
i guess Section 3c leave won't be affected then.
Only if your visa has not expired yet.
Hi CR001
what happen if the visa expired during the process and application got rejected ? won't they be able to make a new application without going for admin review ?