continuous period requirement - eligibility to apply ILR -please clarify

[TMS2022]

Background:
I have 6 months plus (208 calendar days i.e. from 8th June 2019 till 1st Jan 2020) gap in employment. I started my first employment in Tier-2 General visa on Oct 2017 and my last date of employment was on 7th June 2019. I started my second employment on 02nd Jan 2020 and working till date. During the period of unemployment I stayed in UK and did not travel outside UK and I didn't receive any curtailment letter.

My first question:

• Can someone clarify the ILR requirement of 5 years of continuous period of employment. How many days gaps in employment were considered?
  
  I am completing 5 years this Oct 2022. Will I have any problems such as rejection if I apply for my ILR this October 2022.
  
  Can someone clarify and provide any supporting information available.

My second question:

• My spouse on Tier-2 PBS dependant visa received furlough during covid pandemic from her employer but in her BRP card it is mentioned "No public funds". Whether this will have any impact in ILR application.
  Can someone clarify and provide any supporting information available.

My third question:

• My current employer processed new Tier-2 General visa and during that time my dependents visa/BRP was not processed. But their original BRP card is valid until Oct 2022. Is it mandatory to change dependants visa when the main application i.e. myself changes visa.
  Can someone clarify and provide any supporting information available.

[TMS2022]

Appreciate if some one provide response with any relevant information regarding my query

[ywlgy]

1. There isn't a requirement on gaps between employment. https://assets.publishing.service.gov.u ... worker.pdf
2. Furlough is not considered public fund. https://www.nrpfnetwork.org.uk/informat ... blic-funds
3. It is not mandatory to change visa as long as it is still valid and no curtailment. https://www.gov.uk/skilled-worker-visa/ ... d-children

[TMS2022]

Thanks ywlgy for your reply with the details.

[TMS2022]

If anyone else apart from me in similar situation and applied for ILR recently and got through it please share your experience.

Is it recommended to go through an immigration lawyer. If so Why?
(or)
shall I make the application online. If any one recently succeeded please share the details.

[ywlgy]

Lawyers are only needed for complex cases with e.g. criminality and overstay issues are involved.

You can easily DIY, and if any questions ask here

[TMS2022]

Thank you @ywlgy. Do I need to enclose a letter stating the reasons for gap in employment for 208 calendar days i.e. from 8th June 2019 till 1st Jan 2020 when I make my ILR application online.

If required please clarify what details are beneficial to include in the letter such as
- the severance amount paid from my first employer as I was made redundant, and proof of tax paid for that amount etc., as this amount covers my financial need to stay in UK for those 208 calendar days
- During those 208 days, the dates of interviews with various organisations taken,
- Date on which my second employment was offered, and when my second visa process started etc.

[CR001]

Do I need to enclose a letter stating the reasons for gap in employment for 208 calendar days i.e. from 8th June 2019 till 1st Jan 2020 when I make my ILR application online.

No!!

[TMS2022]

Thank you @CR001

[TMS2022]

Hi,

When I checked the "Indefinite leave to remain: calculating continuous period in UK Version 22.0" document published in https://assets.publishing.service.gov.u ... 2.0ext.pdf

In page 7 of 19, it is mentioned as "The continuous period requirement is the minimum amount of time which a migrant must spend in employment or being active in the UK economy before being eligible
to qualify for ILR."

I have a gap of 208 calendar days in between employments during ILR qualifying period of 5 years.
* last working day of my 1st employer was 10th June 2019.
* first working day / start date of my 2nd employer was 2nd January 2020.
Note:
* I have not received any curtailment letter after my first employment termination date.
* I was searching for jobs and attending interviews during the un-employment days.
* Received job offer and my new BRP issued on 12th December 2019.
* I have not travelled outside UK during the 208 calendar days i.e., un-employment days.

Can some one please clarify what is the meaning of being active in the UK economy as mentioned above.

Whether I am eligible to apply ILR as I was unemployed between 11th June 2019 and 1st January 2020, which means no salary and hence no tax paid, so I am not active in the UK economy and not employed during the qualifying period.

Date of arrival in UK in Tier-2 General visa: 06/10/2017.

Please clarify whether I am eligible to apply ILR upon completion of 5 years i.e., 06/10/2022.

Appreciate your help and support with supporting reference such as where the gaps in employments is not a consideration to calculate the continuous period for applying ILR.

[zimba]

That guide is from 2020 and it was replaced by Appendix Continuous residence in the rules for most worker migrants.

Here is the relevant guide: Https://assets.publishing.service.gov.u ... idence.pdf

As repeated several times, the Skilled worker ILR is based on completing the required lawful residence NOT having some minimum employment period

[TMS2022]

Thanks a lot Zimba for the clarification and confirmation