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Maintaining ILR with a gap in employers
Posted: Wed Sep 27, 2023 2:15 pm
by LongShot23
Hello,
I began work in the UK on 01/Sep/2018 with a 5 year contract on a Tier 2 visa. I have been looking for a new job and have one that begins on 01/Nov/2023, which is eligible for a Skilled Worker Visa and would allow me to apply for ILR.
However, my current BRP expires on 30/Sep/2023 (in a few days) and my new employer is not able to process the CoS until after this date. I was wondering if there is any possibility of retaining my status for ILR. I have the option of switching to a family visa, but I know this would reset my ILR clock.
Any advice would be greatly appreciated. Thank you.
Re: Maintaining ILR with a gap in employers
Posted: Wed Sep 27, 2023 4:30 pm
by zimba
Apply for the family visa before visa expiry and delay the biometrics for 45 days. Then apply for a new skilled worker application to vary the previous application when you got your CoS. This way you can benefit from continuity of leave under Section 3C
Re: Maintaining ILR with a gap in employers
Posted: Wed Sep 27, 2023 4:32 pm
by CR001
zimba wrote: ↑Wed Sep 27, 2023 4:30 pm
Apply for the family visa before visa expiry and delay the biometrics for 45 days. Then apply for a new SET(O) application to vary the previous application when you got your CoS. This way you can benefit from continuity of leave under Section 3C
Surely OP needs to vary to skilled worker visa and not set O? Witout a valid skilled worker visa with the new employer, the OP doesn't qualify for Ilr.
Re: Maintaining ILR with a gap in employers
Posted: Wed Sep 27, 2023 4:35 pm
by zimba
CR001 wrote: ↑Wed Sep 27, 2023 4:32 pm
zimba wrote: ↑Wed Sep 27, 2023 4:30 pm
Apply for the family visa before visa expiry and delay the biometrics for 45 days. Then apply for a new SET(O) application to vary the previous application when you got your CoS. This way you can benefit from continuity of leave under Section 3C
Surely OP needs to vary to skilled worker visa and not set O? Witout a valid skilled worker visa with the new employer, the OP doesn't qualify for Ilr.
Oh yes, that was a mistake on my part. I meant to say skilled worker application
Re: Maintaining ILR with a gap in employers
Posted: Wed Sep 27, 2023 8:15 pm
by LongShot23
Thank you both. This is very helpful information!
Re: Maintaining ILR with a gap in employers
Posted: Wed Sep 27, 2023 11:25 pm
by LongShot23
Sorry, a follow up. Do I also need to book biometrics and upload documents before the current visa expiry, or only submit the application?
Re: Maintaining ILR with a gap in employers
Posted: Thu Sep 28, 2023 1:08 am
by AmazonianX
LongShot23 wrote: ↑Wed Sep 27, 2023 11:25 pm
Sorry, a follow up. Do I also need to book biometrics and upload documents before the current visa expiry, or only submit the application?
Only submit the application