I need some guidance regarding my UK Skilled Worker visa and its potential impact on my eligibility for Indefinite Leave to Remain (ILR). Here’s my situation:
• Background: I lost my previous Tier 2 sponsored job in September 2024. Since I haven’t received my curtailment letter yet, I understand that I am still legally eligible to stay in the UK until the letter is issued, plus the 60-day grace period. Thankfully, I’ve now secured a new job, and my new employer is willing to sponsor me for a Skilled Worker visa (Tier 2). They would want me to join later in January 2025.
• Question 1: Will the three months of unemployment affect my ILR eligibility? From what I’ve read, as long as I maintained lawful residence during the curtailment period, it shouldn’t reset my ILR clock. Is my understanding correct?
• Question 2: I plan to travel to India soon (for the New Year). If I leave the UK and apply for my new Skilled Worker visa from India using the priority service (which is expected to process within 5 working days) and return to the UK before my new job commences, will this break my continuous residence for ILR? I’ve come across conflicting information:
1. Some sources suggest that applying from outside the UK won’t reset my ILR clock, provided my total absences don’t exceed 180 days in a 12-month period.
2. Others indicate that leaving the UK without a valid visa may reset my ILR clock entirely.
• Additional Context:
- I’m aware that applying for a Skilled Worker visa from outside the UK could take longer than applying within the UK.
- My primary concern is ensuring that I don’t unintentionally reset my ILR clock due to this process.
Thanks in advance for your time and assistance.
