Hello, When my first Tier2 Visa was about to expire, I had to constructively dismiss myself due to harassment and discrimination by my employers. I was lucky enough to find a new sponsor and switch job before my visa date expired.. But, Unfortunately I had a 4 months gap between my employment but I was still in the UK. My 5 years of Tier 2 Visa will be over by March 2018. I also wish to state that I am still finding a court battle with my former employers over the dismissal. I would like to know if this 4 months gap is going to pose a risk towards my ILR application though it was beyond my control ? If yes, will it be helpful to use your services to prepare my file and be prepared to appeal if the ILR is refused?
Areas of Expertise:
Thank you for your enquiry about settlement in the UK under the Tier 2 visa category.
Your previous employer is under a duty to inform the Home Office that your employment with them has ended. We need further instructions from you about your activities and status in the UK during the 4 months gap between your jobs before we can advise any further.
The 4 months gap you have referred to you in your enquiry may have implications on your application for Indefinite Leave to Remain in the UK as a Tier 2 migrant if you apply in March 2018. Please note that you will not be granted a right of appeal if your application for Indefinite Leave to Remain under the Tier 2 visa category is refused and thus, it is important that you obtain full legal advice on this matter in order to ensure your right to live and work in the UK is not jeapordised.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Posted on Monday, 22 May, 2017