Tier 2 ILR Application - 60 days unemployed period

[mengo]

Hi,
I would like to get an advise from someone who is familiar with a case similar like mine.
So, i'm in UK on Tier 2 General visa for 5 years (since Feb 2012)and intending to apply for ILR. However, one condition makes me potentially ineligible as I had a break in my employment for more than 60 days (continuity is broken?). I work in Oil and Gas industry and Oil price crash in 2015 costed me losing my job (made redundant) in June 2015. It was and still is very difficult to find another O&G job due to crisis in the industry and luckily i found a job within 2 months (received an offer), but couldn't immediately get new Tier 2 G visa as company didn't have a sponsorship licence and it took about 2 months to get licence. So, I only got my new visa by same day service in October 2015 (4 months from i was made redundant). I was lawful in UK throughout that period as I received Home office curtailment letter only few days before my new T2G application, advising me I have 2 months to apply for new visa( till Dec 2015). I still have visa till Feb 2018 and company is willing to extend in case i can't get ILR.

I approached one solicitor and they didn't want to take my case as they think it will be refused as I exceeded 60 days unemployed period. I called few solicitors and received mixed response (in fact i scheduled consultation with two of them). I called Home Office and I was told that as I was lawfully residing in UK and didn't leave UK before I get new visa, that 60 days rule will be ignored. I was told that, HO phone advises can not be reliable.

My question is: Is there any case like mine where 60 days of unemployed period exceeded without being illegal and what would potentially be outcome of my application?
Can anyone give an advise?

here are summary of dates:
1. Tier 2 G: 09/02/2012
2. Tier 2 G: 08/01/2015 new job
3. Tier 2 G: 19/06/2015 made redundant and Company gave notice to HO same day
4. 13/08/2015 Received job offer and company started to get Sponsorship licence which took about two months
5. 12/10/2016 - Received visa curtailment letter from HO, telling me to leave UK by 05/12/2015
6. 17/10/2015 - I applied for Tier 2 G and received till 09/02/2018 same day service.

Note: I meet all other requirements.

Please, advise. Thanks

Regards,

[iworker]

There has been 1 case on this forum where the ilr was rejected. But i also know 4 other people who had the ilr without any issues.
I think you have got to apply for ilr with a hope. its a touch and go thing

[mengo]

There has been 1 case on this forum where the ilr was rejected. But i also know 4 other people who had the ilr without any issues.
I think you have got to apply for ilr with a hope. its a touch and go thing

Hi iworker,
Thanks for your response. I have applied on 14th February in Croydon and unfortunately my application was refused. I was wondering if anyone has any suggestions in this case? I understand my chances are very slim if I request administrative review? Would anyone suggest otherwise? If I would request AR, what should I ask HO? Please, note that I did my one day application through an immigration firm.

I would appreciate if anyone give me any recommendation. Thanks in advance.

Here is the HO wording why my application was refused:

Your employment with COMPANY 2 ceased on 19 June 2015, as stated in the letter from COMPANY 2 dated 19 June 2015 and 08 February 2017, and your application for Leave to Remain with your new employer was made on 14 October 2015. There is a gap of 116 days from 20 June 2015 to 13 October 2015. The Secretary of State is therefore not satisfied that you meet the requirements of Paragraph 245AAA(b) of the Immigration Rules and your application is refused under Paragraph 245HF with reference to 245AAA(b) of the Immigration Rules.

Here is an excerpt from my cover letter:

The Applicant was made redundant on 19th June 2015 without notice, despite being entitled to a notice period. A downturn in the Oil & Gas industry meant that the Applicant was made redundant without notice. The Applicant continued to be paid for a further month following the termination of his employment. The Applicant then found a new sponsor. An employment offer was made to the Applicant on 13th August 2015. The Applicant’s new employer applied for a sponsorship licence, however, this application was rejected on 7th September 2015 due to a misunderstanding with the time for submission of documents.

On 18th September the Applicant’s sponsor contacted the Home Office for assistance. The Sponsor then made a further application and this was granted 8th October 2015.
On 112th October 2015 the Applicant received a letter from the Home Office stating that his leave was curtailed and he had sixty days in which to find a new employer or leave the UK.
The Applicant was subsequently granted leave to remain as a Tier 2 (General) Migrant on 17th October 2015.

It is therefore submitted that there is no break in leave and good reason has been given for the break in continuous employment. The Applicant was advised by his previous employer, a Tier 2 sponsor that he would have 60 days from receipt of the Home Office curtailment letter in which to find new employment (See redundancy letter dated 19th June 2015) , which he did. Any delay was outside of the Applicant’s control. The Applicant is still required for his role with his current employer.

[bbreddy]

Sorry to hear about the bad news.

But it sounds like - the 60 days continuous period rule is based on the - last date of employment with previous employer and the date of application for the new employer. i.e it is not based on when you join the new company?

In my case:

date of employment with a previous employer - 7 Aug 2015
COS Issue date - 19 Sep 2015
Visa appointment date - 24 Sep 2015
Date on Biometric Card - 29 Sep 2015
Start date as per COS - 05 Oct 2015
Biometric Card received on - 09 Oct 2015
Actual joining date - 01 Nov 2015 (as biometric card delayed)

Can you please advise if I have broken the continuous period of 60 days in my case. I am due for ILR Later this year.

Many thanks for your views

[zimba]

The 60 days is indeed between the date of your previous employment being terminated and the date for your new Tier 2 application.

.... Can you please advise if I have broken the continuous period of 60 days in my case. I am due for ILR Later this year.

You seem to be fine. Your have an employment gap between 7th Aug 2015 and 24 Sep 2015 (date of application) which is less than 60 days.

[happytohelp]

Dear mengo, very sorry to hear about your situation. I saw your post regarding the administrative review as well. Unfortunately I am in a very similar situation to yours and trying to search for potential solutions.
Any advice would be greatly appreciated and happy to share any notes from my end too.
Did you get much help regarding next steps?

[happytohelp]

There has been 1 case on this forum where the ilr was rejected. But i also know 4 other people who had the ilr without any issues.
I think you have got to apply for ilr with a hope. its a touch and go thing

Dear iworker, thank you for the prompt response to mengo's query. I noted that you have mentioned above that 'you also know 4 other people who had their ILR without any issues'. Would you kindly be able to help with their details so we can take specific advise regarding this issue and how to best prepare the paperwork for submission. Unfortunately, I am in a similar situation and need advice for this critical application.
Many thanks.

[CR001]

There has been 1 case on this forum where the ilr was rejected. But i also know 4 other people who had the ilr without any issues.
I think you have got to apply for ilr with a hope. its a touch and go thing

Dear iworker, thank you for the prompt response to mengo's query. I noted that you have mentioned above that 'you also know 4 other people who had their ILR without any issues'. Would you kindly be able to help with their details so we can take specific advise regarding this issue and how to best prepare the paperwork for submission. Unfortunately, I am in a similar situation and need advice for this critical application.
Many thanks.

Not necessarily 4 people who posted on the forum. Any details, names or contact information is not permitted to be posted either.

[happytohelp]

There has been 1 case on this forum where the ilr was rejected. But i also know 4 other people who had the ilr without any issues.
I think you have got to apply for ilr with a hope. its a touch and go thing

Dear iworker, thank you for the prompt response to mengo's query. I noted that you have mentioned above that 'you also know 4 other people who had their ILR without any issues'. Would you kindly be able to help with their details so we can take specific advise regarding this issue and how to best prepare the paperwork for submission. Unfortunately, I am in a similar situation and need advice for this critical application.
Many thanks.

Not necessarily 4 people who posted on the forum. Any details, names or contact information is not permitted to be posted either.

Thank you CR001 for the clarification. I meant to discuss with iworker on PM if there was specific advice from previous cases. Would that be ok?

Dear iworker, I do not have PM capability yet. Maybe I could 'only receive' PMs for now if your advice has specific details.

Many thanks.

[Casa]

Members are unable to send or receive PMs until they have made 30 posts.

[UK_01]

Hi Mengo,

Sorry to hear about your situation. I am in a similar situation where the gap between last date of employment and new Tier 2 is 66 days. HO have refused my application for ILR.

I was just wondering if you could tell what was the outcome of your AR if you had chosen to exercise it?

Help from any other senior members is greatly appreciated.

Thanks a lot

[Umxr]

Hi Mengo,

Sorry to hear about your decision. I am also in a similar situation and my current Tier 2 is expiring in Sept 17. I was thinking of applying for ILR before the expiry but not sure whether it will be accepted given that the gap is 87 days. Could you please let me know what happened with your AR process? What are you doing now?

Any help would be appreciated.

[bbreddy]

Hi Mengo,

Sorry to hear about your situation. I am in a similar situation where the gap between last date of employment and new Tier 2 is 66 days. HO have refused my application for ILR.

I was just wondering if you could tell what was the outcome of your AR if you had chosen to exercise it?

Help from any other senior members is greatly appreciated.

Thanks a lot

Sorry to hear that UK_01.

Is it possible to post the reason for rejections as cited by the HO? Just to confirm...the 66 days gap is between the end of your previous employment and the date of your new tier 2 application (i.e. not the date on which you actually joined)?

As mentioned above I am due to apply for my ILR later this year.

Many thanks

[Simz82]

The 60 days is indeed between the date of your previous employment being terminated and the date for your new Tier 2 application.

.... Can you please advise if I have broken the continuous period of 60 days in my case. I am due for ILR Later this year.

You seem to be fine. Your have an employment gap between 7th Aug 2015 and 24 Sep 2015 (date of application) which is less than 60 days.

T2G expiry - 14/08/2012, Initial extension on wrong form done 26/07/2012. Letter from HO with detailing invalid status 06/09/2012. New application submitted 20/09/2012. T2G extension granted on 30/10/2012. It should be noted it was the same employer.

What was their current status between 06/09/2012 and 30/10/2012. During this period they had stopped working and were on unpaid leave so as to not breach any immigration law.

Anyone with an opinion please let me know.

[adnreika]

Hi Mengo,

Sorry to hear about your decision. I am also in a similar situation and my current Tier 2 is expiring in Sept 17. I was thinking of applying for ILR before the expiry but not sure whether it will be accepted given that the gap is 87 days. Could you please let me know what happened with your AR process? What are you doing now?

Any help would be appreciated.

Do you have am update on you case please?