Tier 2 Redundancy - ILR

[shabiraj]

Hello,

I would like to seek advice on my situation. I am currently on a Tier 2 (General) visa and am due to apply for ILR in mid July (by 4 yr 11 months rule). My employer has told me that they may make me redundant by end of next month. I have a contractual notice period of 1 month which means that I will just fall short of the 5 year service period rule for ILR application.

I will try to negotiate/ extend the process however I wanted to clarify the following:

1) My understanding is that you need a letter from your current employer confirming your employment and their intention to continue with you. What is the time validity of this letter i.e. if I get this letter by end of May, would it still be valid?

2) If my COS (Certificate of Sponsorship) is valid at the time of application, and I apply for the on the day decision, would my subsequent termination of employment post the grant of ILR affect my indefinite leave? Is there a time period till which I have to remain with the employer at the time of ILR application?

3) The other alternative I have is to look for a new sponsor however I would prefer it to do with my current sponsor.

I would welcome any advice and information.

[manci]

Hello,

I would like to seek advice on my situation. I am currently on a Tier 2 (General) visa and am due to apply for ILR in mid July (by 4 yr 11 months rule). My employer has told me that they may make me redundant by end of next month. I have a contractual notice period of 1 month which means that I will just fall short of the 5 year service period rule for ILR application.

I will try to negotiate/ extend the process however I wanted to clarify the following:

1) My understanding is that you need a letter from your current employer confirming your employment and their intention to continue with you. What is the time validity of this letter i.e. if I get this letter by end of May, would it still be valid?
There is no validity stipulated but the caseworker may well question it if it is too long before the time of the application. The company needs to certify in writing that they still require you for the employment in question. If they certify this in May and the situation changes by the time you apply (July) they have to withdraw the certificate. Any dishonesty in this regard may have serious consequences both for you and the company

2) If my COS (Certificate of Sponsorship) is valid at the time of application, and I apply for the on the day decision, would my subsequent termination of employment post the grant of ILR affect my indefinite leave? Is there a time period till which I have to remain with the employer at the time of ILR application?
once you have ILR you are free from immigration control

3) The other alternative I have is to look for a new sponsor however I would prefer it to do with my current sponsor.

I would welcome any advice and information.