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ILR with New T2 Rules

Posted: Thu Jan 20, 2022 8:58 pm
by milkymango
Hi there,

I need some help with a situation that I'm potentially facing. My work has warned me that I'm at risk of redundancy. I've been here for 2 years on a Tier 2 visa and was hoping to get ILR in 3 years' time.

Now that there's no cooling off period, I was wondering if I could still apply for ILR in 3 years' time if I had to leave the country, but was able to come back on a T2 with a new employer (but same job code) within 180 days. Or would my clock have to restart if I don't find a new employer before I leave the country?

Re: ILR with New T2 Rules

Posted: Fri Jan 21, 2022 12:23 am
by zimba
If you are made redundant, your employer may contact UKVI and they may curtail your visa. You can stay in the UK until your current visa expiry date or the date your visa is curtailed to seek a new sponsor. However, to maintain your 5 years of continuous residence for ILR, you must apply for a new visa within 14 days of your visa expiry or curtailment date (if you leave the UK), otherwise, your continuous residence cannot be maintained for ILR.

The whole 'leaving with a valid visa' and returning within 180 days only maintains lawful residence under the long residence 10 year route to ILR