Immigrationboards.com

santosh2102 wrote: ↑

Mon Nov 22, 2021 1:04 pm

thank you- you mean 8 weeks as timelines?

santosh2102 wrote: ↑

Mon Nov 22, 2021 1:47 pm

Hi,
We submitted our ILR application and biometrics on 9th November 2021 and my current Tier 2 sponsored visa permit expires 11th January 2022. We got an update on application confirming our priority SLA won't be applicable and I understand now we need to assume standard timelines for the decision. I have a situation where I have accepted an offer from IBM to start from 4th January assuming at the time that I will have ILR decision by end of November as we went for priority service. Now if the decision takes long time- am I still allowed to switch jobs with new employer in case I still await decision from home office beyond 4th January 2022? I became eligible for ILR since February 2021 however due to personal circumstances only applied for ILR on 9th November.

Zimba wrote: ↑

Mon Nov 22, 2021 2:36 pm

santosh2102 wrote: ↑

Mon Nov 22, 2021 1:47 pm

Hi,
We submitted our ILR application and biometrics on 9th November 2021 and my current Tier 2 sponsored visa permit expires 11th January 2022. We got an update on application confirming our priority SLA won't be applicable and I understand now we need to assume standard timelines for the decision. I have a situation where I have accepted an offer from IBM to start from 4th January assuming at the time that I will have ILR decision by end of November as we went for priority service. Now if the decision takes long time- am I still allowed to switch jobs with new employer in case I still await decision from home office beyond 4th January 2022? I became eligible for ILR since February 2021 however due to personal circumstances only applied for ILR on 9th November.

Just note that one condition to be granted ILR under the skilled route is that your sponsor must need you for the foreseeable future. Changing jobs or giving your notice means that such a condition might not be met. Unless you have ILR, you cannot switch your job

CR001 wrote: ↑

Tue Nov 23, 2021 7:48 am

You cannot have two applications at the same time.

Submitting a new skilled worker visa will cancel your ilr application.

santosh2102 wrote: ↑

Tue Nov 23, 2021 1:30 pm

CR001 wrote: ↑

Tue Nov 23, 2021 7:48 am

You cannot have two applications at the same time.

Submitting a new skilled worker visa will cancel your ilr application.

Thanks for confirming that. Using the https://www.immigrationstatuscheck.serv ... employers/ service- can employer seek right to work confirmation as there is a application pending decision? I have gathered that prospective employers can still onboard new resource if they get clearance on new employee using above service from home office? and is that also available for applications pending ILR decision?

Zimba wrote: ↑

Tue Nov 23, 2021 3:48 pm

santosh2102 wrote: ↑

Tue Nov 23, 2021 1:30 pm

CR001 wrote: ↑

Tue Nov 23, 2021 7:48 am

You cannot have two applications at the same time.

Submitting a new skilled worker visa will cancel your ilr application.

Thanks for confirming that. Using the https://www.immigrationstatuscheck.serv ... employers/ service- can employer seek right to work confirmation as there is a application pending decision? I have gathered that prospective employers can still onboard new resource if they get clearance on new employee using above service from home office? and is that also available for applications pending ILR decision?

You seem to be confused about what it means to be sponsored worker. This is not about simply having a valid visa. Unless you have no work restrictions (e.g having ILR) you are RESTRICTED to ONLY work for your sponsor. The fact that you have a pending application does not change that. You can only change your employer if you successfully change your immigration status, like getting a new sponsored visa via a new sponsor or getting ILR

The only exception is when a skilled worker has a pending sponsorship application with a new employer and then they may start work until a decision is made on their application

Zimba wrote: ↑

Wed Nov 24, 2021 10:57 am

Yes. It is fine.

Zimba wrote: ↑

Wed Nov 24, 2021 2:01 pm

yes

santosh2102 wrote: ↑

Wed Nov 24, 2021 7:11 pm

Zimba wrote: ↑

Wed Nov 24, 2021 2:01 pm

yes

thanks Zimba. We did submit my wife's application who was here as dependant visa for 5years and 10months part of my application itself- is the decision of ILR for her also dependant on decision of my ILR? As in if they any complications for deciding my ILR status will that also impact decision on her application?

CR001 wrote: ↑

Wed Nov 24, 2021 7:21 pm

santosh2102 wrote: ↑

Wed Nov 24, 2021 7:11 pm

Zimba wrote: ↑

Wed Nov 24, 2021 2:01 pm

yes

thanks Zimba. We did submit my wife's application who was here as dependant visa for 5years and 10months part of my application itself- is the decision of ILR for her also dependant on decision of my ILR? As in if they any complications for deciding my ILR status will that also impact decision on her application?

Your wife only qualifies for ILR if you do. If your ILR is refused, her ILR will also be refused.

nidhisantosh wrote: ↑

Thu Nov 25, 2021 12:11 am

Hi, I unfortunately have landed a situation where some how my existing employer found out I am interested and provisionally accepted another job while I am still awaiting ILR decision which we submitted early November. Now my existing employer is suggesting that they previously signed a letter confirming I am needed in my role for foreseeable future but now that's not the case so they are planning to let HO know about my situation that I will be potentially a leaver even before ILR is approved.
My request for help here is - is there a way I can let HO know through my application that at the time of application I didn't accept any offer but after that I did and can source the offer letter but can declare that I will not join new employer until I get a decision and until then I will continue my duties with me existing employer if I am allowed to continue to do so. Will this help my application or will result in rejection anyways? please suggest. My application for ILR is moving from Tier 2 sponsor general visa after having stayed in UK for 5yrs and 8months.

Zimba wrote: ↑

Thu Nov 25, 2021 1:33 am

nidhisantosh wrote: ↑

Thu Nov 25, 2021 12:11 am

Hi, I unfortunately have landed a situation where some how my existing employer found out I am interested and provisionally accepted another job while I am still awaiting ILR decision which we submitted early November. Now my existing employer is suggesting that they previously signed a letter confirming I am needed in my role for foreseeable future but now that's not the case so they are planning to let HO know about my situation that I will be potentially a leaver even before ILR is approved.
My request for help here is - is there a way I can let HO know through my application that at the time of application I didn't accept any offer but after that I did and can source the offer letter but can declare that I will not join new employer until I get a decision and until then I will continue my duties with me existing employer if I am allowed to continue to do so. Will this help my application or will result in rejection anyways? please suggest. My application for ILR is moving from Tier 2 sponsor general visa after having stayed in UK for 5yrs and 8months.

First of all, why did you create another account to ask this question ??? This is not allowed. Your new account has now been deactivated
You have already been advised on this above. Your ILR depends on your employer wanting you for the foreseeable future. If you intend to leave your employer then they cannot support your ILR and UKVI very likely will refuse your application.

Zimba wrote: ↑

Thu Nov 25, 2021 1:37 pm

You cannot protect your ILR. Seek to find a new sponsor as you are not eligible for ILR

santosh2102 wrote: ↑

Thu Nov 25, 2021 2:26 pm

Zimba wrote: ↑

Thu Nov 25, 2021 1:37 pm

You cannot protect your ILR. Seek to find a new sponsor as you are not eligible for ILR

okay got it. Fortunately my other employer is ready to process Tier 2 sponsor visa but I would need to withdraw my ILR application for that- will I get the ILR fees back at all if I withdraw it?