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Applying for ILR during notice period of current job
Posted: Fri Mar 22, 2013 4:41 pm
by natspace
Hi,
I am in a dilema and would like some help/advice.
I am eligible for ILR in June 2013, and can thus apply in May 2013. (I am currently on a Tier2 visa, but had a Workpermit before that).
However, I am looking to change jobs and my current employer has a 3 month notice period.
So if I am offered a job, which has a start date of July 2013, and I have given notice to my employer from April-June 2013.
How does that affect my ILR application that I make in May 2013?
Especially since I need letter from current sponsor stating employent is to be continued?
Many Thanks
Posted: Fri Mar 22, 2013 4:51 pm
by dk2011
How are you able to change your job on tier 2 ? New company is going to sponsor for your VISA ? Employer letter requirement clearly says that your current employer should need you it doesn't talk about whether you need your employer or not post ILR

As long as your current employer issues letter as per the required format there is no issue .
Posted: Fri Mar 22, 2013 8:02 pm
by ban.s
are you planning to submit a postal application or in person at peo?
you need a letter from your employer confirming continuous requirement for the job. if you obtain the letter, then resign and subsequently submit an application based on the previously issued letter, then you are intentionally withholding information.
if you apply by post, and then resign, then you need to inform UKBA changes to your situation whilst your application is under consideration.
you can resign from a job whilst on T2 but then you need to sort out new T2 / leave to remain within 28 days of leaving the job.
I would be reluctant to submit a notice until the ILR is approved.
Posted: Fri Mar 22, 2013 8:31 pm
by Kevin24
ban.s wrote:are you planning to submit a postal application or in person at peo?
you need a letter from your employer confirming continuous requirement for the job. if you obtain the letter, then resign and subsequently submit an application based on the previously issued letter, then you are intentionally withholding information.
if you apply by post, and then resign, then you need to inform UKBA changes to your situation whilst your application is under consideration.
you can resign from a job whilst on T2 but then you need to sort out new T2 / leave to remain within 28 days of leaving the job.
I would be reluctant to submit a notice until the ILR is approved.
Totally agree with ban.s' comments. First get you Present Employer's letter . Once your ILR is approved you could go for your new job.
Posted: Sat Mar 23, 2013 4:11 pm
by Ramana66
I have slightly different opinion (Being devil's advocate) to be safe rather than sorry.
It would be better to hold the job change/giving notice to your current employer until you have your ILR approved. What happens UKBA for some reason contacts your current employer before your ILR is approved if you have already give them notice?
I am not an expert, but it may complicate the things. You could as well ask the new company to wait for some more time until you get the ILR.
Thanks,