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Indefinite leave to remain after 5 years on tier 2 visa

Posted: Wed Jul 07, 2021 3:47 pm
by ilrque1
Hi,
I have completed 5 years on a tier 2 visa and thus would be eligible to apply for indefinite leave to remain.


As part of eligibility criteria the gov.uk website states 'your employer (sponsor) still needs you for your job - they’ll need to provide a document confirming this'

I am currently on a fixed training contract and which ends on 3rd August 2021 and this is confirmed in the document my employer has provided.

After the end of my training contract, I have job prospects with both visa sponsoring organisations and non visa sponsoring organisations.
However the ones from the visa sponsoring organisations are paying less, and not the best options for me career wise.

Given that my current work contract is ending in the next month, is my application likely to get declined if I were to submit an application now? I can also an offer letter confirming employment once I have leave to remain.

My other option is to lose out on this opportunity and take a less lucrative visa sponsoring job and delay my application for ILR

Anyone else experienced a similar situation or have any advice?
I have seen other posts by people in similar situations but no follow up as to if they did end up submitting an application or not.

Re: Indefinite leave to remain after 5 years on tier 2 visa

Posted: Wed Jul 07, 2021 4:28 pm
by zimba
Your employer must need you for the foreseeable future. Try to get ILR before making any new moves.
The eligibility rules (paragraph SW 24.1.) require the sponsor to still hold a Skilled
Worker licence. The sponsor must confirm they require the applicant to work for
them for the foreseeable future
, and the applicant will be paid at least the minimum
salary in paragraph SW 24.3. for the foreseeable future. The sponsor should not
assign a new CoS for this purpose –an e-mail or letter is sufficient, as long as it can
be verified with the sponsor if necessary.
https://assets.publishing.service.gov.u ... 2.0ext.pdf

Re: Indefinite leave to remain after 5 years on tier 2 visa

Posted: Wed Jul 07, 2021 5:53 pm
by ilrque1
with my current job contract ending on 3rd August and thus me having only a few weeks of employment left, if i were to apply now, would they not refuse it on grounds that 3 to 4 weeks of remaining time with employer is not 'forseeable future'?

Re: Indefinite leave to remain after 5 years on tier 2 visa

Posted: Wed Jul 07, 2021 6:04 pm
by zimba
ilrque1 wrote:
Wed Jul 07, 2021 5:53 pm
with my current job contract ending on 3rd August and thus me having only a few weeks of employment left, if i were to apply now, would they not refuse it on grounds that 3 to 4 weeks of remaining time with employer is not 'forseeable future'?
If your employer does not need you for the foreseeable future, you are not eligible for ILR. You should aim to secure a new sponsor

Re: Indefinite leave to remain after 5 years on tier 2 visa

Posted: Wed Jul 07, 2021 7:08 pm
by AmazonianX
ilrque1 wrote:
Wed Jul 07, 2021 5:53 pm
with my current job contract ending on 3rd August and thus me having only a few weeks of employment left, if i were to apply now, would they not refuse it on grounds that 3 to 4 weeks of remaining time with employer is not 'forseeable future'?
Either you get your employer to commit and indicate in a letter that you are required for the foreseeable future or get a new sponsor.