ILR during notice period
Posted: Fri May 15, 2026 6:17 pm
I'm planning to apply for ILR on 4 August 2026 under the 5-year Skilled Worker route. My vignette sticker shows 1 September 2021 as the start date, but my actual UK entry was 19 September 2021. My wife and child arrived on 1 October 2021 as dependants. I have a job offer from a new employer (Company B) and need clarity on a few scenarios before deciding how to proceed.
1. Eligibility date confirmation
Which date controls my 5-year continuous residence calculation — the vignette date (1 September) or the entry date (19 September)? And given that, can you confirm whether 4 August 2026 is a valid application date (28 days before the 5-year completion)?
2. Applying for ILR during notice period, with new visa already approved
My new employer (Company B) will sponsor my visa — CoS issued, visa applied and approved by the Home Office — for a future start date. After visa approval, I will resign from my current employer (Company A) and serve a 3-month notice period as required by my contract. Throughout this notice period I remain employed by Company A, being paid by Company A, and have not yet started at Company B.
My ILR eligibility date (4 August) falls within this notice period at Company A.
Can I apply for ILR during this notice period? Specifically:
* Given that my new visa is already approved but I haven't activated it by starting at Company B, who is my sponsor at the point of ILR application — Company A or Company B?
* Does an approved-but-unactivated new visa affect my current sponsorship with Company A?
* Whose employer letter do I need for the ILR application — Company A (current active employer paying me, on whose CoS I've been continuously sponsored for 5 years) or Company B (whose CoS I haven't yet used)?
Are there any specific issues or risks with applying for ILR in this in-between state?
3. Redundancy scenario
There are no confirmed redundancies at Company A, but the broader situation is a bit uncertain and I'd like to understand my position in case it arises. If I were placed on redundancy notice but still within that notice period on 4 August, can Company A still issue the ILR letter? Can I apply for ILR while serving redundancy notice with sponsorship still active?
4. New employer letter during probation
Company B's policy is that they don't issue immigration documentation during the probation period, which would delay my ILR application by several months past my August eligibility date. This delay matters financially: it would mean paying to renew my current visa, IHS charges for myself and dependants, and other transition costs. Company B has offered to fund the eventual ILR application, but with a clawback tied to it that I'd prefer to avoid. This is part of why I'm considering staying with Company A through to ILR.
Given this:
* If I were to start at Company B and apply for ILR while on probation there using only a standard employment confirmation letter (without explicit immigration support language), would that be sufficient for the Home Office?
* If yes, what specific information must the letter contain?
* If no, what would I realistically need from Company B to apply during probation, and is there any way to do this without their formal immigration support?
5. Dependants
What's the pathway for my wife and child? Can they apply at the same time as me, or do they need to apply separately later?
My preference would be to stay with Company A through to ILR, but I'm concerned about the possibility of redundancy. Moving to Company B is a fallback, but it comes with a delay to my ILR and a 2-year clawback I'd rather avoid. Given these constraints, are there any other options or pathways I should be considering that I may not have thought of?
1. Eligibility date confirmation
Which date controls my 5-year continuous residence calculation — the vignette date (1 September) or the entry date (19 September)? And given that, can you confirm whether 4 August 2026 is a valid application date (28 days before the 5-year completion)?
2. Applying for ILR during notice period, with new visa already approved
My new employer (Company B) will sponsor my visa — CoS issued, visa applied and approved by the Home Office — for a future start date. After visa approval, I will resign from my current employer (Company A) and serve a 3-month notice period as required by my contract. Throughout this notice period I remain employed by Company A, being paid by Company A, and have not yet started at Company B.
My ILR eligibility date (4 August) falls within this notice period at Company A.
Can I apply for ILR during this notice period? Specifically:
* Given that my new visa is already approved but I haven't activated it by starting at Company B, who is my sponsor at the point of ILR application — Company A or Company B?
* Does an approved-but-unactivated new visa affect my current sponsorship with Company A?
* Whose employer letter do I need for the ILR application — Company A (current active employer paying me, on whose CoS I've been continuously sponsored for 5 years) or Company B (whose CoS I haven't yet used)?
Are there any specific issues or risks with applying for ILR in this in-between state?
3. Redundancy scenario
There are no confirmed redundancies at Company A, but the broader situation is a bit uncertain and I'd like to understand my position in case it arises. If I were placed on redundancy notice but still within that notice period on 4 August, can Company A still issue the ILR letter? Can I apply for ILR while serving redundancy notice with sponsorship still active?
4. New employer letter during probation
Company B's policy is that they don't issue immigration documentation during the probation period, which would delay my ILR application by several months past my August eligibility date. This delay matters financially: it would mean paying to renew my current visa, IHS charges for myself and dependants, and other transition costs. Company B has offered to fund the eventual ILR application, but with a clawback tied to it that I'd prefer to avoid. This is part of why I'm considering staying with Company A through to ILR.
Given this:
* If I were to start at Company B and apply for ILR while on probation there using only a standard employment confirmation letter (without explicit immigration support language), would that be sufficient for the Home Office?
* If yes, what specific information must the letter contain?
* If no, what would I realistically need from Company B to apply during probation, and is there any way to do this without their formal immigration support?
5. Dependants
What's the pathway for my wife and child? Can they apply at the same time as me, or do they need to apply separately later?
My preference would be to stay with Company A through to ILR, but I'm concerned about the possibility of redundancy. Moving to Company B is a fallback, but it comes with a delay to my ILR and a 2-year clawback I'd rather avoid. Given these constraints, are there any other options or pathways I should be considering that I may not have thought of?