Will Job Change in Tier 2 Skilled Worker Visa currently reset the ILR clock and make the ILR time period 10 years?

[saibal2006]

Hello All,

A quick question.

I came to UK on ICT Visa in June 2018.I spent 4 yrs on that ICT Visa and in Sept 2022 that was converted to Skilled Worker Visa by the same employer.
I am planning to change my employer if I can.As I do not have ILR yet that means,my new employer will have to sponsor a fresh Tier 2 Skilled Worker Visa.
Based on the latest Immigration Rules white paper if I manage to change employer now will my current Skilled Worker period get reset and shall I come under the new 10 year ILR route then?

Thanks in advance to your kind help and feedback.

Thanks and Regards

[secret.simon]

The White Paper is just that; a White Paper, proposals. It has not yet been enacted into law and the precise details are unknown.

In your case, you have less to fear than most, because, provided you have continuous legal residency in the UK, you'd be eligible for ILR Long Residence in June 2028 anyway. Long Residence can include all legal residence in the UK, including ICT visas, providing you do not break continuity of residence.

Keep in mind that you'd only become eligible for ILR under the Skilled Worker visa in September 2027 anyway, after five continuous years on the Skilled Worker visa. It's not that far from June 2028.

[saibal2006]

Thanks a lot for the response.And for clarifying my doubts.I was having similar thoughts but wanted some inputs from forums like this where people share similar journeys.

One more thing in case you are able to comment.Once you get the ILR,is it true that you can maintain the same just by staying 1 or 2 months in UK within a continuos period of 2 yrs.In other words,out of a continuous period of 2 yrs ,you just stay in UK for a couple of weeks or months and your ILR status gets maintained.Asking as I do have family issues and I am really not sure even after getting ILR whether I will be able to continue my stay in UK permanently.

Thanks and Regards

[secret.simon]

One more thing in case you are able to comment.Once you get the ILR,is it true that you can maintain the same just by staying 1 or 2 months in UK within a continuos period of 2 yrs.In other words,out of a continuous period of 2 yrs ,you just stay in UK for a couple of weeks or months and your ILR status gets maintained.Asking as I do have family issues and I am really not sure even after getting ILR whether I will be able to continue my stay in UK permanently.

Those are the current rules, but...

Till a while ago, it was open to Immigration Officers to cancel ILR at the airport if it is was apparent to them that the person was not really resident in the UK. The purpose of ILR is so that you can be resident in the UK for the long term, not for you to pop by from time to time. The Rules have recently been changed to take away that power from Immigration Officers, but another change in the Rules can of course also reverse that.

And

Keep in mind that the rules for naturalisation are far stricter and more precise and under different laws and rules (i.e. naturalisation is not a part of the immigration pathway, which ends at ILR). Naturalisation has specific requirements for absences over a five year period and a one year period and for being physically present in the UK at the start of the five year period. So if you spend long periods outside the UK, be aware that any plans for naturalisation will be kicked into the long grass.