Tier 2 to ILR - refused due to gap in employment > 60 days

[UK_01]

Hi,

I have an upcoming Administrative Review as the Home Office have rejected my ILR. I applied on the Tier 2 five year continuous residence basis. Below is a timeline of my continuous residence:

1. Employer 1 applied for my first Tier 2 on 22 Nov 2011. Application was granted on 5 Jan 2012 till 12 Dec 2014. Then applied for an extension on 9 October 2014. Application was granted on 17 Oct 2014 till 26 Dec 2017.

2. My employment with Employer 1 ended on 2 Sept 2016. (however visa was valid until Dec 2017).

3. Employer 2 provided me with an employment offer via email on 14 Sept 2016. I received and accepted/signed the formal offer documents by the first week of October 2016.

4. Employer 2 assigned a COS to me on 2 Nov 2016. They then applied for the Tier 2 Visa on 7 November 2016. My employment started on 28 Nov 2016.

The HO have refused the visa based on the fact that the gap between my employment and applying for a new visa is more than 60 days.(66 days)

I'd appreciate if I can get some advice from the members here if someone has experienced this situation before? And what can be a good line of action for administrative review?

I personally think I did everything I could during the 60 day period i.e. found an alternative employment and signed all the relevant documents etc. The delay was purely due to operational constraints of the new employer and no fault of mine. This will be the basis of my appeal.

Thanks for your help.

[zimba]

The decision was correct, you must apply for a new Tier 2 Visa within 60 days of your employment termination or else your continuous period of stay is broken. Right of appeal is not available to migrants any more.
You need to complete 5 years with your new sponsor before applying for ILR.

[UK_01]

The decision was correct, you must apply for a new Tier 2 Visa within 60 days of your employment termination or else your continuous period of stay is broken. Right of appeal is not available to migrants any more.
You need to complete 5 years with your new sponsor before applying for ILR.

Thanks for sharing your thoughts Zimba88.

Does this also impact the 10 year long residency route too?

Should I even bother with going into an Administrative Review? As I have been provided the option to do so.

[CR001]

For info, see page 22 and 27 of the Caseworker Instructions where this is clearly pointed out.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

See also 245AAA(b) in the immigration rules.
https://www.gov.uk/guidance/immigration ... sed-system

[UK_01]

For info, see page 22 and 27 of the Caseworker Instructions where this is clearly pointed out.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

See also 245AAA(b) in the immigration rules.
https://www.gov.uk/guidance/immigration ... sed-system

Thanks CR001 - I have read these rules, but I am trying to argue that the delay was due to operational constraints of the employer and something which was beyond my control. Do you think I stand any chance in the AR? I think the rule is harsh in a way that I did everything I could i.e. find new employer, sign contract, kept chasing them to apply for my visa etc. but I am being penalized due to laziness on part of the employer.

[zimba]

It is up to you to apply for AR if you think you can provide some exceptional circumstances argument.
However this should not affect your 10 years continuous as far as I know. This is not considered a break in the long residence guide

[iRulzz]

I personally think that you should apply for a ad as it won't affect your ilr status anyway for long residence. They have given you a option as they know you have done everything you can in 60 days.

Question

Did any of your letter came to know about the gap?
Where did you apply ilr? London? Is it a premium 1 day service?

[UK_01]

I personally think that you should apply for a ad as it won't affect your ilr status anyway for long residence. They have given you a option as they know you have done everything you can in 60 days.

Question

Did any of your letter came to know about the gap?
Where did you apply ilr? London? Is it a premium 1 day service?

I applied at the Liverpool PEO using the same day service. Yes, I am going for an AR.

[longgapilr]

what was the outcome of your AR?

[UK_01]

what was the outcome of your AR?

Not submitted yet, got till 14 April to submit one.

[longgapilr]

I am in a very similar situation. I also went to the Liverpool premium visa service centre. I was also refused ILR due to a gap of 77 days. I went on 1 Apr so I also have till 14 Apr to submit an AR. Good luck to both of us! Hope it works out! One of the Big 4 immigration advisors has advised me not to bother with AR. HE said it won't hurt but chances are low. I am still waiting to hear back from another lawyer and then I will decide whether to I will submit an AR or not. I will submit an AR most probably.

[UK_01]

I am in a very similar situation. I also went to the Liverpool premium visa service centre. I was also refused ILR due to a gap of 77 days. I went on 1 Apr so I also have till 14 Apr to submit an AR. Good luck to both of us! Hope it works out! One of the Big 4 immigration advisors has advised me not to bother with AR. HE said it won't hurt but chances are low. I am still waiting to hear back from another lawyer and then I will decide whether to I will submit an AR or not. I will submit an AR most probably.

Hey,

I went to Liverpool as well and on the 1 April. Guess we both have been unlucky on the same day at the same place!

I have spoken to quite a few immigration advisers and have received similar responses. I am still going for the AR as no harm in doing it. I wish you good luck.

[inserioustrouble]

Hello guys,

Just followed your post. Could you please update about your AD if you done?

Many Thanks

[longgapilr]

submitted an admin review request on 14 Apr. waiting to hear back from the Home Office. supposed to hear back from them by 12 May.

[inserioustrouble]

Hi Guys

Any update on your AD ??? Hopefully you have got positive response.

Your response will be much appreciated.

Many Thanks

[Usamarazi]

Can I ask a question related to this post?
Is it the continous period of visa that matters or employement period that matters? As I have no gap in my tier 2 visa but my employer will start my job by the gap of more than 60 days. Will it affect my continous period?