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WP/ Tier 2 - ILR possible with gap?

Posted: Mon Apr 19, 2010 2:31 pm
by mouche202
My husband entered UK on 14th July 2005. He has changed jobs many times and there are 2 gaps in his employment. First one is only 22 days so I think it is ok?

Second one - his P45 says last day of work is 24th Oct 2009. His offer letter from new job is dated 12th Nov 2009. But due to some issues in getting the CoS, Tier 2 was applied for on 10th Dec and stamped on 22nd Jan. In between we did not leave the UK and did not receive any notification to leave also.

We were planning to apply for ILR but will this gap be an issue? Also, he does not have P60 for 2009 or 2010 and he only has two P45s (he had a total of 5 jobs in the 5 years). Will this be a problem.

Posted: Mon Apr 19, 2010 4:02 pm
by geriatrix
As long as your spouse had valid leave to enter / remain in the UK during the time that short periods that he was unemployed, these gaps will not be a problem (for ILR).

regards

Re: WP/ Tier 2 - ILR possible with gap?

Posted: Mon Apr 19, 2010 7:05 pm
by senthil78
mouche202 wrote:My husband entered UK on 14th July 2005. He has changed jobs many times and there are 2 gaps in his employment. First one is only 22 days so I think it is ok?

Second one - his P45 says last day of work is 24th Oct 2009. His offer letter from new job is dated 12th Nov 2009. But due to some issues in getting the CoS, Tier 2 was applied for on 10th Dec and stamped on 22nd Jan. In between we did not leave the UK and did not receive any notification to leave also.

We were planning to apply for ILR but will this gap be an issue? Also, he does not have P60 for 2009 or 2010 and he only has two P45s (he had a total of 5 jobs in the 5 years). Will this be a problem.
you said that he applied Tier 2 visa on 10th dec, Did he have valid visa when he applied?

Posted: Mon Apr 19, 2010 11:23 pm
by mouche202
Thanks for your feedback. Yes, his visa (leave to remain) was valid at all times so nothing to worry there.

Now the main problem is going to be him hanging onto his job till he is due for PR. His boss has taken a dislike to him and the probationary period is still not over so we are worried they will ask him to leave. If that happens we are really stuck.