60 days employment gap may lead to refusal of ILR

[cracker1234]

CR001 » Thu Nov 02, 2017 11:45 am

cracker1234 wrote: ↑Thu Nov 02, 2017 10:48 am

CR001 wrote: ↑Mon Oct 30, 2017 10:45 pm
A curtailment letter can take a few months to get sent to you.

There are two separate 60 days processes.

1. 60 days employment gap, which is written in the immigration rules. This is calculated from the date of your last employment to the date of a new application submission. A gap of more than 60 days is highly likely to result in a refusal for ILR.

Sorry to hijack this thread. As I am in this situation, that's why jumped into this thread to get an answer. Please suggest..

When you say 60 days employment gap, which is calculated from the date of last employment - does it mean from the date you stopped getting salary from previous employer or the date you get the relieving letter from the employer ?

I am asking this question as I need to apply for ILR by 2019 which is not too far, but your post is scaring me now..

When I left my previous employer, I was working for them till 1st April, 2015 but I stopped getting my salary from 1st January, 2015 when I gave notice period to them. So, my relieving date in the relieving letter is 1st April, 2015, but my last working date in P45 was on 1st January, 2015, which 90 days gap without salary, but without employment.

I know it's wrong done by employer, but I did not go against them as I was not knowing this problem may come later.

Do you think my ILR will be rejected based on this ? Thank you very much in advance.

Please post in your own topic. It is considered rude to tag onto another members thread.

It is 60 days from your last date of EMPLOYMENT.

Hi CR001,
Apologies for hijacking other's post. posting the same here.
I understand 60 days is from the last date of employment.
My query is - last date of employment is the date of relieving from the company or the date of not getting salary ?
Do you need to submit P45 or P60 in this case when I apply for ILR ?
In my case, I have a gap of 90 days from the date of not getting salary to date of relieving letter received from the employer. I am really confused.
Will my ILR be rejected based on this ? Please suggest..

[CR001]

Date you left the employer, i.e. last date of employment.

There is no reason your employer had any right to withhold your salary simply due to you resigning. You need to follow this up.

[cracker1234]

Thanks CR001.

It's being already 2.5 years I left my previous employer.
I did speak to my previous HR at the beginning before joining my new employer. They told they may pay the money, but as they already informed HO and HMRC about my termination date, they can't give any payslip or P45 will not be updated. It will be still 1st January, 2015 and the remaining amount for 3 months will be paid as a gift or bonus etc. I know they were threatening me. After starting my new work, I sent couple of emails to chase them, but they stopped replying me and i too stopped sending email afterwards. I know I did a mistake.
Now, after looking at your post, I am really scared and confused.
Can you please suggest how to proceed on this ?
Will my ILR be rejected due to this ?

[CR001]

If you left the job on 1st January and that is what is stated on your P45, then that is your 'leaving date'.

You should have approached ACAS at the time. It does make a person wonder if this was a genuine employer sponsor or some kind of agent/umbrella company you 'contracted' through. Unless of course there is a lot more behind the reason for your termination which you do not have to share if you don't wish to.

[cracker1234]

My employer is an MNC and they outsource people to different companies and I was one of them. I don't know if that company is called as umbrella company.

I was getting my salary monthly without any problem.
The termination was pretty straight forward - I got better offer and my new employer was ready to bear the expenses to sponsor my family. I resigned and gave 3 months notice. They told they will hold my salary till my last date and I accepted that, which was my mistake.
The reason I gave them 3 months notice is because my contract says I need to stay with them for minimum 1 year, otherwise obliged to pay them and I was completing my 1 year on 27th March, 2015.

Now I think it's too late to approach ACAS, but my biggest worry is when I apply for ILR. will it be a problem ?

[cracker1234]

Hi CR001 and others,
can you please suggest ?

[CR001]

I don't have any further advice to share or give. Suggest wait for iworker/poper or FrontierMole to respond if they are online.

[Wanderer]

My employer is an MNC and they outsource people to different companies and I was one of them. I don't know if that company is called as umbrella company.

If it is I'd forget about ILR.

[cracker1234]

Thanks Wanderer.
This I was talking about previous employer, which was 2.5 years back. My current employer is a product based company and I work for their product development. Do you still think to forget about ILR ?