ILR and Job change

Hello There

I am in a bit of a precarious situation and was hoping someone could help me clear my doubts.

I am on a tier 2 general visa which expires in November this year. Unfortunately my company is winding up and i will probably have 3 months or so left in my current role. In a normal situation i would have applied for ILR in October but given current situation i may not have a job.

Assuming i am able to find a new job by October how does the VISA process work and i am assuming i should be able to apply for an ILR?

If for some reason i dont find another job do i have to leave the country or can i still apply for an ILR?

Any suggestions would be helpful. I do plan to consult a professional lawyer but was hoping to get some general feedback as well.

Many Thanks in advance !!

anonymous9 wrote: ↑

Mon Jun 14, 2021 6:02 pm

If for some reason i dont find another job do i have to leave the country or can i still apply for an ILR?

Are you planning to apply for ILR under the Tier 2 General pathway?

If yes, the chances of you being able to apply for ILR are very slim. The requirements for ILR under that pathway are not only that you have resided in the UK for five years on a Tier 2 visa, but also that the company issues a letter stating that they will continue to employ you "for the foreseeable future".

If the company has gone bust, neither can it issue the letter nor can it employ you for the foreseeable future.

A professional lawyer will not be able to help you to get ILR unless you are eligible. I suggest saving your money.

For ILR, your employer must need you for the foreseeable future as Simon pointed out. I suggest finding a new employer and apply for a new Skilled worker visa. You will be able to apply for ILR after a month of working for the new sponsor. You cannot stay unless you can find a visa route to apply before the visa expiry

Thanks Zimba/Secret Simon

And if i am able to find a new employer can they transfer the existing Tier 2 VISA or will they have to apply for a new one and is there any difference between the two?

Thanks Again

Tier 2 general visa does not exist anymore as it has been replaced by the Skilled Worker Visa. Time spent under the old Tier 2 counts towards ILR under the Skilled Worker route. The Skilled Worker route is pretty much very similar to the old Tier 2 General. In fact, all people currently holding Tier 2 visas will get ILR under Skilled Worker rules (not much difference)

In your case you need a new visa with your new sponsor. There is no transfer

https://www.gov.uk/skilled-worker-visa

Thanks Again Zimba

HI again another quick one...

If one is on a Tier 2 VIsa and your role is terminated for how long can I stay in the country?

tHANKS

anonymous9 wrote: ↑

Fri Jun 18, 2021 6:38 pm

HI again another quick one...

If one is on a Tier 2 VIsa and your role is terminated for how long can I stay in the country?

tHANKS

As long as your visa is valid unless your visa is curtailed by UKVI

Thanks again Zimba

I read somewhere that one has 2 months or the actual Visa expiry date whichever is shorter.
My VISA expires in November but my job gets terminated this month so can i stay here till November or will i have to leave in 2 months (assuming i cant find another job)?

Kind Regards

Thanks again