ILR application, made redundant 2 months prior to completing 5 years.

[cykgr09]

Hi Everyone,

Would greatly appreciate some advice.
I was made redundant recently and serving my notice period till August. I am on Tier 2 general visa and completing my 5 years in July. Can I go ahead and apply for my ILR in June (28 days prior) with my sponsor company saying I will be terminated in August?

Thanks.

[vinny]

Unfortunately, no.

SW 24.2.

The sponsor must confirm that they still require the applicant to work for them for the foreseeable future, and that the applicant is paid, and will be paid for the foreseeable future, at least the salary in SW 24.3.

fails. Quickly find another sponsor and update.

[cykgr09]

Thank you @vinny

[webw06]

I would check with an immigration lawyer - perhaps get a consultation for 30 mins to get some legal advice. I was in a similar but not exact ituation as you in 2014. My employer was about to had lay off it's entire UK staff in June 2014. I was eligible to apply for my ILR in early early Jine 2014, completing 5 years on my Tier 1 visa. The only difference was that I had another job offer with a signed employment contract (starting mid-September).

I applied using the priority service getting a positive decision the same day.

Again, I would check with an immigration lawyer for your specific circumstance. If you are still employed on the day of your application, and your incumbent employer can provide you with a (factual) employment verification letter perhaps you can apply?

[vinny]

I believe the relevant ILR requirements for Tier 1 holders (are) were also different to Tier 2 (General)/ Skilled worker holders.

[secret.simon]

@webw06, the rules for Tier 1 in 2014 were definitely quite different. They only required one to demonstrate earnings of a particular amount. It could be across multiple employers, which is what I did for my Tier 1 ILR. And your Tier 1 visa was not reliant on any employer sponsorship.

Tier 2 is a very different beast from Tier 1. It would be a case of comparing apples and oranges.

But of course, we would always encourage people to get advice from a good immigration lawyer. On these forums, we are not lawyers, merely people who have already been through the system.

[cykgr09]

Hi Guys,

Here is an update - I got an offer for a job similar to the one I was working and a lead role and with a 30% hike, the firm who gave me the job is suggesting I apply for my ILR, with my current firm details of their SOC and stuff, stating I am serving my notice period until mid-August and have another job that I will be moving to and the details of the other job and supporting documents from them.

Will this option work and do I have any chance of getting my ILR in this route?

[CR001]

It won't work. You cannot try trick your way to ilr

You either change sponsors and then apply for ilr or your ilr is very likely to be refused because you do not mee the requirements.

[CosmosS]

Hi Guys,

Here is an update - I got an offer for a job similar to the one I was working and a lead role and with a 30% hike, the firm who gave me the job is suggesting I apply for my ILR, with my current firm details of their SOC and stuff, stating I am serving my notice period until mid-August and have another job that I will be moving to and the details of the other job and supporting documents from them.

Will this option work and do I have any chance of getting my ILR in this route?

I can give you an example on doctors. We don't get a "for the foreseeable future" letter. We only get employment contracts with set start and end dates. One may apply for ILR with a few months left on their visa and contract with no other job lined up yet. (We only get speciality job offers 2-3 months prior to start date). Therefore our letters contrary to the home office skilled worker settlement appendix do not contain the sentence "for the foreseeable future" and may have an end date in a few months. We still get our ILRs just fine. Perhaps this is unique to doctors as the home office realises this.

If you can get a CoS and extend your visa prior to the application then that is the safer option. Obviously it is best to stick to immigration rules and policies in the appendix so no one has an excuse to reject your application. I would do this if I were you.

But what your employer is telling you is not that unusual. I myself have received ILR with only 3-4 months left on my visa and no job lined up and no "for the foreseeable future" in the letter.

Best of luck.