ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Right to change employer when moving from Tier 2 G-10yr ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
T2GtoILR
Newly Registered
Posts: 4
Joined: Wed Dec 17, 2014 10:41 pm

Right to change employer when moving from Tier 2 G-10yr ILR

Post by T2GtoILR » Wed Dec 17, 2014 10:48 pm

Hi,
I am currently being employed by a sponsor for a Tier 2 General visa. Separately to this, I submitted an application for a 10 year ILR 2 months ago and understand that it can take up to 6 months for the application to be processed.

Recently, I have been offered a job at a new employer - if I change employer now and leave my Tier 2 sponsor what is my immigration status while my ILR is under application and do I have a right to work? And what will my status be if my ILR application is rejected in up to 4 months time? Would I have up to 60 days to find a new Tier 2 sponsor?

From the UKBA guidelines it appears that immigration status and right to work is held in a kind of limbo when ILR is under review, but I can't find any specific information that applies to this type of situation.
Thanks very much,

User avatar
Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Right to change employer when moving from Tier 2 G-10yr

Post by Frontier Mole » Wed Dec 17, 2014 11:31 pm

Until such time as you actually have ILR granted you have continuing leave under your existing visa. Subject to submitting an in time application etc.
If you current visa expires during the ILR processing time you continue to have the same rights.
Tier 2 is not transferable between employers so if you are seeking employment with another business pending the application they will have to Sponsor you under tier 2 as that is the preserved rights.
The other wrinkle is the fact is that to apply for ILR from tier2 you have to provide a letter stating that your current employer still needs you. Obviously that becomes void if you leave the employer.
The safe bet is to move to the new employer under tier2 and then apply for ILR.

Locked