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Switch job 1 month before completing 6 years on T2G

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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pr1
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Switch job 1 month before completing 6 years on T2G

Post by pr1 » Thu Oct 03, 2019 10:18 pm

I have completed 5 years 10 months with my current employer on a Tier-2 Visa. The current employer wasn't increasing my salary to reach £35,800. Later I found they hadn't applied for Tier-2 Sponsorship License months after they split from their parent company. They have increased my salary now and just applied for a sponsorship license.

I have found another offer which pays more than £35,800 and also my occupation code will be in SOL if I apply after 6th October 2019. I prefer switching to the new employer. But I am worried I am switching after 5 years 11 months so things are going to be very tight when applying for ILR.

Hopefully they can assign the CoS and get a Visa quickly. But if it takes longer my first salary in the new company will be for a period of less than a month.

Would it be fine to submit this salary slip? Would there be any other problems if I switch just one month before completing 6 years on Tier 2 General?

pr1
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Re: Switch job 1 month before completing 6 years on T2G

Post by pr1 » Thu Oct 03, 2019 10:47 pm

Also the new job is on SOL, so I will be exempt from min. salary requirement £35,800. Will I still need to submit salary slip and bank statement for ILR?

pr1
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Re: Switch job 1 month before completing 6 years on T2G

Post by pr1 » Fri Oct 04, 2019 10:36 pm

Sorry for impatience but any help would be appreciated as I need to make the decision next week.

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zimba
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Re: Switch job 1 month before completing 6 years on T2G

Post by zimba » Sat Oct 05, 2019 12:57 am

Your sponsor must have reported the changes via SMS at the time of split. I assume you were protected under the TUPE. So the new company entity must have applied for a new license within 20 days. Unless they get a license, your cannot apply for ILR however remember that your new sponsor does NOT need to assign a new COS to you. The old COS is enough.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

pr1
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Re: Switch job 1 month before completing 6 years on T2G

Post by pr1 » Sat Oct 05, 2019 7:26 am

Yes I understand this. They reported the split but had not applied license within 20 days. They did now but I am not sure how soon they will get it or what action HO will take for not applying within 20 days.

So I found a new job at a different company. My question is related to this in the first post in this thread.

Any ideas if its safe to switch jobs after 5 y 11 mths?
Do I need to submit salary slip for ILR if the new job is in SOL? If yes, is it ok to submit salary slip with half months salary?

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zimba
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Re: Switch job 1 month before completing 6 years on T2G

Post by zimba » Sun Oct 06, 2019 5:46 pm

You can switch to another employer but your visa cannot exceed 6 years so it is not worth it. You need a full month salary.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

pr1
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Re: Switch job 1 month before completing 6 years on T2G

Post by pr1 » Sun Oct 06, 2019 6:43 pm

Ok thanks. I will try negotiating my notice period with the current employer. Hopefully they will allow me to leave early so that I will get a full month salary slip at my new employer. Hopefully then I will get my ILR.

pr1
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Re: Switch job 1 month before completing 6 years on T2G

Post by pr1 » Sun Oct 06, 2019 6:50 pm

Even if they don't agree I will switch anyways as the guidance does not mention that it is necessary to submit a full month payslip. It just says submit most recent payslip. I will try my luck. I guess if they have issues they will delay my application and will ask me to submit a few more payslips after few months? Or are you certain they will reject my application straight away?

274. To support your sponsor’s confirmation that you meet the earnings requirement you must also provide either:
• a payslip and a personal bank or building society statement; or
• a payslip and a building society pass book.
275. Payslips must be:
• your most recent payslip;
• dated no earlier than one calendar month before the date of the application; and
• either:
• a formal payslip issued by your Sponsor and showing your Sponsor’s name; or
• accompanied by a letter from your Sponsor, on company headed paper and signed by a senior official, confirming the payslip is authentic.

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zimba
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Re: Switch job 1 month before completing 6 years on T2G

Post by zimba » Sun Oct 06, 2019 8:13 pm

Technically it is the last month payslip.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

pr1
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Re: Switch job 1 month before completing 6 years on T2G

Post by pr1 » Tue Dec 03, 2019 4:41 pm

I joined the new company on 15th Nov and submitted my salary slip for November which only had payment for 15 days.

Just to update you all, I received ILR approval today :)

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