60 days unemployed period rule change

[mmmohammed]

Dear Moderators & Members,

I need your advice regarding the above changes in immigration rule 245AAA(b) which was deleted from the rules.

I got my first Tier 2 visa granted from (Dec 13 to Dec 16) and I worked for company A for 2.5 years (Dec 2013- Jul 2016) and got made redundant.

I didn't received a curtailment letter untill Dec 16 however I received a letter which says that I am not working for the previous employer and they asked to do an live to remain application to extend my stay in UK.

I applied FLR(FP) in Dec 2016 due to my family circumstances and my son birth. I stayed in UK while my application was ongoing.

Luckily I got a job in my field and I applied for another Tier 2 with company B for 2 years starting from Nov 2017 - Nov 2019.

My question is that this change means that those sponsored Tier 2 migrants who had a break between jobs of more than 60 days could not apply for Indefinite Leave to Remain (settlement) after five years if 245AAA(b)is deleted??

Since I do have an unemployment gap from July 2016 to Nov 2017 and my 5 years continuity completed in 2018 and I want to know whether I could be eligible to apply for ILR in Dec 2018 ?

Your valuable advice would be much appreciated.

Thanks in advance.

Best regards
Mohammed

[makky86]

I applied FLR(FP) in Dec 2016 due to my family circumstances and my son birth. I stayed in UK while my application was ongoing.

Were you issued with FLR ?

Luckily I got a job in my field and I applied for another Tier 2 with company B for 2 years starting from Nov 2017 - Nov 2019.

Did you have Tier 2 when you switched to employer B?

[mmmohammed]

No I was not issued with FLR and I received a rejection instead. As soon as I got a rejection I replied with a Tier 2 within 14 days of receiving the letter and varied my FLR application to Tier 2 general.


No I was just holding a Tier 2 When I switched to employer B

[makky86]

No I was not issued with FLR and I received a rejection instead. As soon as I got a rejection I reapplied with Tier 2 and varied my application to Tier 2 general.


No I was just holding a rejection letter When I switched to Tier 2 with employer B

That's fine. The 60 days gap rule is going to be removed from 11th Jan 2018. This does not cover any existing T2 holders. There is a catch though if you have a new COS assigned after 11th Jan 2018 then you will be under new rules and will be excempted from 60 days gap rule.

In your case, the only option I can see is switch to different employer post 11th Jan 2018 this way you will NOT be subject to 60 days gap rule.

This can be little tricky so i suggest to consult regulated solicitors here

http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx

[mengo]

No I was not issued with FLR and I received a rejection instead. As soon as I got a rejection I reapplied with Tier 2 and varied my application to Tier 2 general.


No I was just holding a rejection letter When I switched to Tier 2 with employer B

That's fine. The 60 days gap rule is going to be removed from 11th Jan 2018. This does not cover any existing T2 holders. There is a catch though if you have a new COS assigned after 11th Jan 2018 then you will be under new rules and will be excempted from 60 days gap rule.

In your case, the only option I can see is switch to different employer post 11th Jan 2018 this way you will NOT be subject to 60 days gap rule.

This can be little tricky so i suggest to consult regulated solicitors here

http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx

hi mmmohammed

60 days gap rule, has nothing to do with new CoS. New CoS deals with certain visa applications (e.g. Tier 1, Tier 2 ICT and etc.), not the ILR. So, you should not be rejected just because of more than 60 days employment gap. See below quotation from the Statement of Changes:

"4.5. The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A
set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11.
of this statement shall take effect on 11 January 2018. However, if an applicant has
made an application for entry clearance or leave to remain using a Certificate of
Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the
application will be decided in accordance with the rules in force on 10 January 2018. "

All those paragraphs are about visas, not the ILR. The article regarding 60 days employment gap impacting the ILR is 245AAA(b) which removed as below:

"6A.4 Delete paragraph 245AAA(b). "

As it can be seen it is not mentioned among the paragraphs which tied to new CoS.

Besides as this article is removed completely, which article then would reject applications with older CoS. There is no such new paragraph identifying applicant with new or older CoS. So, all applications made after 10th January shouldn't be rejected just because of employment gap - obviously may be rejected due to breach of other rules. Good luck

You can have a look the following thread as well for further details.
indefinite-leave-to-remain/great-news-6 ... 44892.html

[makky86]

No I was not issued with FLR and I received a rejection instead. As soon as I got a rejection I reapplied with Tier 2 and varied my application to Tier 2 general.


No I was just holding a rejection letter When I switched to Tier 2 with employer B

That's fine. The 60 days gap rule is going to be removed from 11th Jan 2018. This does not cover any existing T2 holders. There is a catch though if you have a new COS assigned after 11th Jan 2018 then you will be under new rules and will be excempted from 60 days gap rule.

In your case, the only option I can see is switch to different employer post 11th Jan 2018 this way you will NOT be subject to 60 days gap rule.

This can be little tricky so i suggest to consult regulated solicitors here

http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx

hi mmmohammed

60 days gap rule, has nothing to do with new CoS. New CoS deals with certain visa applications (e.g. Tier 1, Tier 2 ICT and etc.), not the ILR. So, you should not be rejected just because of more than 60 days employment gap. See below quotation from the Statement of Changes:

"4.5. The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A
set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11.
of this statement shall take effect on 11 January 2018. However, if an applicant has
made an application for entry clearance or leave to remain using a Certificate of
Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the
application will be decided in accordance with the rules in force on 10 January 2018. "

All those paragraphs are about visas, not the ILR. The article regarding 60 days employment gap impacting the ILR is 245AAA(b) which removed as below:

"6A.4 Delete paragraph 245AAA(b). "

As it can be seen it is not mentioned among the paragraphs which tied to new CoS.

Besides as this article is removed completely, which article then would reject applications with older CoS. There is no such new paragraph identifying applicant with new or older CoS. So, all applications made after 10th January shouldn't be rejected just because of employment gap - obviously may be rejected due to breach of other rules. Good luck

You can have a look the following thread as well for further details.
indefinite-leave-to-remain/great-news-6 ... 44892.html

mengo seems to correct here. I mistook the paragraph number. I think this is great news.

Based on this you should be able to apply ILR with long gaps

[mmmohammed]

No I was not issued with FLR and I received a rejection instead. As soon as I got a rejection I reapplied with Tier 2 and varied my application to Tier 2 general.


No I was just holding a rejection letter When I switched to Tier 2 with employer B

That's fine. The 60 days gap rule is going to be removed from 11th Jan 2018. This does not cover any existing T2 holders. There is a catch though if you have a new COS assigned after 11th Jan 2018 then you will be under new rules and will be excempted from 60 days gap rule.

In your case, the only option I can see is switch to different employer post 11th Jan 2018 this way you will NOT be subject to 60 days gap rule.

This can be little tricky so i suggest to consult regulated solicitors here

http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx

hi mmmohammed

60 days gap rule, has nothing to do with new CoS. New CoS deals with certain visa applications (e.g. Tier 1, Tier 2 ICT and etc.), not the ILR. So, you should not be rejected just because of more than 60 days employment gap. See below quotation from the Statement of Changes:

"4.5. The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A
set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11.
of this statement shall take effect on 11 January 2018. However, if an applicant has
made an application for entry clearance or leave to remain using a Certificate of
Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the
application will be decided in accordance with the rules in force on 10 January 2018. "

All those paragraphs are about visas, not the ILR. The article regarding 60 days employment gap impacting the ILR is 245AAA(b) which removed as below:

"6A.4 Delete paragraph 245AAA(b). "

As it can be seen it is not mentioned among the paragraphs which tied to new CoS.

Besides as this article is removed completely, which article then would reject applications with older CoS. There is no such new paragraph identifying applicant with new or older CoS. So, all applications made after 10th January shouldn't be rejected just because of employment gap - obviously may be rejected due to breach of other rules. Good luck

You can have a look the following thread as well for further details.
indefinite-leave-to-remain/great-news-6 ... 44892.html

Many Thanks for your reply Mengo & Makky.

My 5 years will be completed in December 2018 with 16 months gap in employment between two tier 2 sponsors. Its a good news for me that I will be eligible to apply for ILR.

It was too hectic to go with 10 year route.