60 days vs. curtailment letter dates

[adnreika]

Hi,

I am planning to apply for ILR shortly and checking my documents.
I was employed as a Tier 2 and then had a gap changing to another Tier 2 with another employer.
I am a bit confused with the dates on how to calculate the 60 days in my case.

On the 7 April I received (dated 7 April) a Curtailment letter stating that Home Office was informed on 7 March by My employer that employed was ceased.
The last day I could make another application according to the Letter was 6th June (60 days of the letter) and I successfully applied on the 6th June.

Question: based on the above, am I ok with the 60 days calculation or will they count days differently and ILR will not be okay?

Thanks!

[makky86]

Hi,

I am planning to apply for ILR shortly and checking my documents.
I was employed as a Tier 2 and then had a gap changing to another Tier 2 with another employer.
I am a bit confused with the dates on how to calculate the 60 days in my case.

On the 7 April I received (dated 7 April) a Curtailment letter stating that Home Office was informed on 7 March by My employer that employed was ceased.
The last day I could make another application according to the Letter was 6th June (60 days of the letter) and I successfully applied on the 6th June.

Question: based on the above, am I ok with the 60 days calculation or will they count days differently and ILR will not be okay?

No. The 60 days gap is between switching employers. You have more than 60 days gap. Unfortunately you are not eligible for ILR. Even if you apply it will be refused.

[adnreika]

That's unexpected.. Thanks for your reply though.
How about AR - will that help?
or is there anything I can do to attach to the application to support the application?

[makky86]

That's unexpected.. Thanks for your reply though.

Its not unexpected. Its in the immigration rules.

See this
indefinite-leave-to-remain/tier-2-to-il ... 8424.html
for more information.

How about AR - will that help?
or is there anything I can do to attach to the application to support the application?

AR will not help. AR is when you think immigration officer has done any mistake. If he refuses your ILR for this then you cannot challenge that.

[zimba]

The 60 days is between you LAST day of work in previous employment and the day you apply for new application. NOTHING to do with the curtailment letter

[adnreika]

Ok thank you for your answers. I am in trouble then.
How do I know what the last day was? It does not say in the letter. How likely is that that the employer reported the date to be 7th April?
From my memory, I was working for the whole March, not until the 7th.

[zimba]

Ok thank you for your answers. I am in trouble then.
How do I know what the last day was? It does not say in the letter. How likely is that that the employer reported the date to be 7th April?
From my memory, I was working for the whole March, not until the 7th.

It is based on your last day as reported to HMRC visa PAYE (see your P45) and can be confirmed with HMRC. This is how HO knows when was your last day.
AGAIN AND AGAIN, this has nothing to do with your employer reporting you, curtailment letter or anything like that.

[adnreika]

Thanks a lot. I may need to wait for another year to apply then - it was a while ago so I will be OK if I apply in 2016 (after I am 6 years total and 5 years after the incident above).

Two follow up questions regarding the other breaks:
1. Is the garden leave considered to be as proper employment, not going to 60 days?
2. can I extend my existing tier 2 visa for another 7 months to make it 6 years total?

Thanks!

[makky86]

Thanks a lot. I may need to wait for another year to apply then - it was a while ago so I will be OK if I apply in 2016 (after I am 6 years total and 5 years after the incident above).

Two follow up questions regarding the other breaks:
1. Is the garden leave considered to be as proper employment, not going to 60 days?
2. can I extend my existing tier 2 visa for another 7 months to make it 6 years total?

Thanks!

Provide your completer T2 history. Proper dates

[zimba]

1. Is the garden leave considered to be as proper employment, not going to 60 days?

Only the last day of your employment matters. CHECK YOUR P45

2. can I extend my existing tier 2 visa for another 7 months to make it 6 years total?

You should be able to

[adnreika]

Thanks a lot. I may need to wait for another year to apply then - it was a while ago so I will be OK if I apply in 2016 (after I am 6 years total and 5 years after the incident above).

Two follow up questions regarding the other breaks:
1. Is the garden leave considered to be as proper employment, not going to 60 days?
2. can I extend my existing tier 2 visa for another 7 months to make it 6 years total?

Thanks!

Provide your completer T2 history. Proper dates

I applied for switch from Tier 4 -> Tier 2 in November 2012 and it was refused.
I then appealed and appeal was accepted in June 2013 and got my first Tier 2 visa.

in 2014 I had the above gap:
I stopped working in February 2014 and was on garden leave till mid-march 2014 (as far as I remember).
in the meantime, I mistakenly applied for another tier 2 visa right away in April _BUT_ without RLTM - I thouhgt my past Tier 4 would count, but apparently not.
I did RLMT and re-applied on the 6th June successfully.

December 2015 - February 2016 garden leave, March 2016 new successful application.
(no letters received).
May 2017 switch of sponsor with 1 day break.
My current visa is valid until November 2018 which I think because of CoS dates - I have always thought my Tier 2 date starting on November 2012 when I applied and got refused, not from when I actually got the BRP from.
I may need to extend the visa till June 2019 and apply then, right?

Thanks!

[adnreika]

1. Is the garden leave considered to be as proper employment, not going to 60 days?

Only the last day of your employment matters. CHECK YOUR P45

2. can I extend my existing tier 2 visa for another 7 months to make it 6 years total?

You should be able to

Can't see it saying any dates in my forms, I am afraid..

[makky86]

Thanks a lot. I may need to wait for another year to apply then - it was a while ago so I will be OK if I apply in 2016 (after I am 6 years total and 5 years after the incident above).

Two follow up questions regarding the other breaks:
1. Is the garden leave considered to be as proper employment, not going to 60 days?
2. can I extend my existing tier 2 visa for another 7 months to make it 6 years total?

Thanks!

Provide your completer T2 history. Proper dates

I applied for switch from Tier 4 -> Tier 2 in November 2012 and it was refused.
I then appealed and appeal was accepted in June 2013 and got my first Tier 2 visa.

in 2014 I had the above gap:
I stopped working in February 2014 and was on garden leave till mid-march 2014 (as far as I remember).
in the meantime, I mistakenly applied for another tier 2 visa right away in April _BUT_ without RLTM - I thouhgt my past Tier 4 would count, but apparently not.
I did RLMT and re-applied on the 6th June successfully.

December 2015 - February 2016 garden leave, March 2016 new successful application.
(no letters received).
May 2017 switch of sponsor with 1 day break.
My current visa is valid until November 2018 which I think because of CoS dates - I have always thought my Tier 2 date starting on November 2012 when I applied and got refused, not from when I actually got the BRP from.
I may need to extend the visa till June 2019 and apply then, right?

Thanks!

Your Tier 2 time start the date of BRP issue. I think your T2 start from June 2013 so you can get maximum 6 years that would be june 2019.

Now the 5-years time reset when you switched to Emplyer B after 60 days gap. That does not reset total 6 years time though.

Can you post exact month and year when you switched to employer affter gap?

[adnreika]

the first ever t2 brp was received on the 25th june 2013.
after the gap I got the brp on the 6th June 2014.
Does that look good?

Thanks again for helping out!

[makky86]

the first ever t2 brp was received on the 25th june 2013.
after the gap I got the brp on the 6th June 2014.
Does that look good?

Thanks again for helping out!

The maximum time you can stay on T2 is until 25th June 2019.

Your clock reset on 6th June 2014 so basically you are eligible to apply ILR withint 28 days 6th June 2019 which will be mid of May 2019.

Based on above you're fortunate to apply ILR before maximum T2 limit.

Just make sure you don't have any more gaps again.

[adnreika]

the first ever t2 brp was received on the 25th june 2013.
after the gap I got the brp on the 6th June 2014.
Does that look good?

Thanks again for helping out!

The maximum time you can stay on T2 is until 25th June 2019.

Your clock reset on 6th June 2014 so basically you are eligible to apply ILR withint 28 days 6th June 2019 which will be mid of May 2019.

Based on above you're fortunate to apply ILR before maximum T2 limit.

Just make sure you don't have any more gaps again.

thanks a lot for all your help.
That's quite interesting because I just passed my Life in UK exam tonight and was ready to
book earliest appintment (ideally, a cancellation in Belfast - they are available for closest dates).
And depart and apply for ILR next week!
Justo confirm I decided to put the question here and now it appears I need to wait for another
year and a half.
Not sure why my visa expiration date is December 2018 - I think it is to do with the CoS request:
I have always been sure my Tier 2 started from November 2012, not June 2013, I just forgot.
Looks like garden leave is not a problem either.

Anyway, thanks again, everyone!