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ILR with New T2 Rules

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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milkymango
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Posts: 1
Joined: Thu Jan 20, 2022 8:43 pm
Canada

ILR with New T2 Rules

Post by milkymango » Thu Jan 20, 2022 8:58 pm

Hi there,

I need some help with a situation that I'm potentially facing. My work has warned me that I'm at risk of redundancy. I've been here for 2 years on a Tier 2 visa and was hoping to get ILR in 3 years' time.

Now that there's no cooling off period, I was wondering if I could still apply for ILR in 3 years' time if I had to leave the country, but was able to come back on a T2 with a new employer (but same job code) within 180 days. Or would my clock have to restart if I don't find a new employer before I leave the country?

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zimba
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Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: ILR with New T2 Rules

Post by zimba » Fri Jan 21, 2022 12:23 am

If you are made redundant, your employer may contact UKVI and they may curtail your visa. You can stay in the UK until your current visa expiry date or the date your visa is curtailed to seek a new sponsor. However, to maintain your 5 years of continuous residence for ILR, you must apply for a new visa within 14 days of your visa expiry or curtailment date (if you leave the UK), otherwise, your continuous residence cannot be maintained for ILR.

The whole 'leaving with a valid visa' and returning within 180 days only maintains lawful residence under the long residence 10 year route to ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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