ILR on skilled worker visa and TUPE transfer

Hi
I am in a bit of limbo and would really appreciate some advice on ILR on Skilled Worker route after TUPE transfer.

I started working as a Lecturer at University A in May 2019 on Tier 4 – Dependent visa.

Submitted application to switch to Tier 2/ Skilled Worker visa on: 14 May 2020
Tier 2/ Skilled Visa Granted: 20 July 2020

My original job contract was Permanent but due to organisational restructuring I was made redundant, and I moved to a Research position within University A (Visa switched to appropriate SOC code) in May 2024. I am currently working in research project on a fixed term contract with end date 31 October 2025. There is a possibility of extension for a few months but will not be confirmed until the last moment.

Please correct me if I am wrong, as per discussion in this post https://www.immigrationboards.com/viewt ... p?t=353014, and Home Office guidance, I understand that I am eligible to apply for the ILR on 5 years route on 14 May 2025.

Now the issue is, the project I am working in is transferred to University B as the Project Lead moved there. University B is keen to transfer me there through TUPE transfer.

My questions are:

1. Whether the TUPE transfer to University B will negatively effect on my ILR application?
2. What do I need to do to ensure that the transfer is smooth?

I am asking these questions because my experience with the HR in the University A is horrendous and I am afraid they may not issue a favourable letter that would facilitate my ILR.

Thanks in advance.

The process mostly lies within the scope of your new sponsor duties. This all depends on whether your new employer is a licensed sponsor or not. The official guide covers this process in detail

See: https://www.gov.uk/government/publicati ... or_similar

Even with a new sponsor, you still need to satisfy the rules and requirements, get paid appropriately and be supported with a sponsor letter.

See: All you need to know about the sponsor letter for Skilled Worker route

Hi Zimba,
Thank you so much for such a quick response. The new employer is a lincensed sponsor. They confirmed that my current salary will be maintained.

I have a couple of additional things to ask -

3. Will it be the responsibility of the new employer to clarify any annual leave outside UK which was originally taken under the old employer? Or do I have to obtain that confirmation from the old employer?

4. Moreover, even if I apply on 14 May 2025 (5 years from my initial Tier 2 visa application submission date) and granted ILR, my dependent will need to wait until 20 July 2025 (5 years from the date of granting visa) to apply for their ILR, right?

Thanks

3. No. Please read the link above. It explains thats you do NOT need a letter from previous sponsors.
4. Yes. They cannot benefit from concession. They will be eligible within 28 days form completing their 5 years counting from first visa issue date

zimba wrote: ↑

Tue Mar 25, 2025 10:36 am

3. No. Please read the link above. It explains thats you do NOT need a letter from previous sponsors.
4. Yes. They cannot benefit from concession. They will be eligible within 28 days form completing their 5 years counting from first visa issue date

Thanks Zimba.
The TUPE transfer is under processing now and I am hoping that it will be completed within a couple of weeks.

My next question is whether I can apply right away after the TUPE transfer is completed using payslips from the previous employer? Or, wait for a month to use a payslip from the new employer?

You need at least one payslip from your current sponsor

zimba wrote: ↑

Wed May 14, 2025 2:52 pm

You need at least one payslip from your current sponsor

Many thanks Zimba.
My current employer (University A) is being very slow in actioning the TUPE. After several communications involving senior management, and raising the matter of my ILR application, the HR asked whether they can do anything to support my ILR application while I am under their employment. In the past this employer put me in difficult situations with visa applications and extensions, so I am a bit reluctant to obtain the sponsor support letter from them, in case they do not take a supportive stance. My current skilled worker visa ends on 31 October. On the other hand, if they make further delay in actioning the TUPE transfer then I will then have to wait longer to obtain at least a month's payslip from new employer (University B).

In this situation, I am thinking of asking current employer (University A), whether they can provide me with a sponsor letter stating that my skills are still required and they would continue employing for foreseeable future. If they say no, I will ask them to complete the TUPE ASAP.

Now my question is, in case the TUPE is completed in the middle of a month, will partial payslips from old and new employer will suffice for ILR application, or do I need to wait for another month to obtain a full-month's payslip from the new employer?

I apologise for so many questions. I am in the UK for 15 years, working and paying taxes but due to a 2.5 months gap in my stay I could not obtain settlement earlier. Given the current situation where rules and rhetoric on immigration are changing frequently, I want to obtain the ILR as soon as possible.

Thanks in advance.

I'd say the full payslip from the most recent sponosr is required.