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Is it ok to resign from a job (tier 2) 3 months before qualifying for ILR?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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mt2019
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Is it ok to resign from a job (tier 2) 3 months before qualifying for ILR?

Post by mt2019 » Sat Aug 24, 2019 1:15 pm

Dear Experts,

Please help!

I came to the UK on 23rd December 2009 on a tier 4 visa and last year I switched to tier 2. I qualify for ILR-LR on 25th November 2019 and my employer fired me today verbally with one week notice period as per the contract of employment. However, my employer wants me to send him a resignation email as I quit the job by myself rather than he fired me.
Now,
1. Is it going to affect my ILR-LR application if I send my employer a resignation email? or shall I force him to send me a termination of employment email?
2. Do I have enough time left to become eligible for ILR?
3. What are the other options do I have?

I look forward to your replies soon.

Thank you.

vinny
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Re: Is it ok to resign from a job (tier 2) 3 months before qualifying for ILR?

Post by vinny » Sat Aug 24, 2019 2:43 pm

Unfortunately, one of the requirements for ILR includes:

245HF
(c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must:
...
(ii) certify in writing:
(1) that they still require the applicant for the employment in question for the foreseeable future,
So, you must find another Tier 2 sponsor.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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CR001
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Re: Is it ok to resign from a job (tier 2) 3 months before qualifying for ILR?

Post by CR001 » Sat Aug 24, 2019 3:12 pm

vinny wrote:
Sat Aug 24, 2019 2:43 pm
Unfortunately, one of the requirements for ILR includes:

245HF
(c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must:
...
(ii) certify in writing:
(1) that they still require the applicant for the employment in question for the foreseeable future,
So, you must find another Tier 2 sponsor.
OP wants to apply for long residence ilr.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

mt2019
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Posts: 18
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Re: Is it ok to resign from a job (tier 2) 3 months before qualifying for ILR?

Post by mt2019 » Sat Aug 24, 2019 3:42 pm

Dear CR001,
Thank you for the prompt reply. I think you didn't understand my questions. First of all, I am applying for ILR on the basis of a long residency( 10 years route), therefore i have just 3 months and 1 day left to be eligible for ILR.
As my employer fired me today and he wants me to send him a resignation email in order to show home office that I quit the job by myself rather than he fired me.
Now,
1. Is it going to affect my SET-LR application if I send my employer a resignation email? or shall I force him to send me a termination of employment email?
2. Do I have enough time left to become eligible for ILR-LR?
3. What are the other options do I have?

I would be grateful if you could answer abit clearly.
Thank you.

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talreh20
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Re: Is it ok to resign from a job (tier 2) 3 months before qualifying for ILR?

Post by talreh20 » Sat Aug 24, 2019 7:25 pm

Are you at fault or is he firing you because he just wants to? How many years you have been working for this employer?

You can take him to the tribunal for unfair dismal. Take proper legal advice depending on who is at fault and why your employer wants you to leave the job.

If I was in your position I would not have sent any email to say I am resigning. I would have asked my employer to terminate my employment and would have taken him to the employment tribunal under unfair dismissal if that would have been the case.

With regards to your points, as far as my knowledge is:
1. You eligibility is dependent on many factors and being employed with an employer is not a factor. But when you complete ILR (LR) form, the form asks you if you are employed or not. So I don't know when you'll tick unemployed, how will it impact your application considering being employed is not required under SET (LR).

2. You'll be eligible to apply for ILR from 26 Nov.

3. Request your employer to let you continue until you have applied.

P.S. If you can give me complete details to what exactly has happened and why your employer suddenly wants to get rid of you, I can speak to my tax advisers and can let you know if you have a scope of not being unfairly dismissed.

mt2019
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Posts: 18
Joined: Sat Jun 15, 2019 9:28 pm
Nepal

Re: Is it ok to resign from a job (tier 2) 3 months before qualifying for ILR?

Post by mt2019 » Sat Aug 24, 2019 8:12 pm

talreh20 wrote:
Sat Aug 24, 2019 7:25 pm
Are you at fault or is he firing you because he just wants to? How many years you have been working for this employer?

You can take him to the tribunal for unfair dismal. Take proper legal advice depending on who is at fault and why your employer wants you to leave the job.

If I was in your position I would not have sent any email to say I am resigning. I would have asked my employer to terminate my employment and would have taken him to the employment tribunal under unfair dismissal if that would have been the case.

With regards to your points, as far as my knowledge is:
1. You eligibility is dependent on many factors and being employed with an employer is not a factor. But when you complete ILR (LR) form, the form asks you if you are employed or not. So I don't know when you'll tick unemployed, how will it impact your application considering being employed is not required under SET (LR).

2. You'll be eligible to apply for ILR from 26 Nov.

3. Request your employer to let you continue until you have applied.

P.S. If you can give me complete details to what exactly has happened and why your employer suddenly wants to get rid of you, I can speak to my tax advisers and can let you know if you have a scope of not being unfairly dismissed.
Thank you

vinny
Moderator
Posts: 28302
Joined: Tue Sep 25, 2007 7:58 pm

Re: Is it ok to resign from a job (tier 2) 3 months before qualifying for ILR?

Post by vinny » Sun Aug 25, 2019 3:34 am

Be prepared (i.e. have a backup plan) if they curtail your leave prior to you becoming eligible to apply for ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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