Tier 2 to ILR employer agreement

[jj19]

Hi Experts,

I am currently negotiating with my employer about my exit agreement. In several months I will be qualified for ILR application, for example, on Jan 31, 2020.

If my employer and I agree that I resign right after I apply/get the ILR, for example I promise to resign before end of Feb, is such an agreement legal? Will it prevent my employer issue the "still required for foreseeable future" letter? Another related question is that if my employer put me on garden leave until I apply for ILR, will it cause any trouble?

Many thanks in advance for your help!

[Frontier Mole]

The whole idea of the ILR letter is completely nullified if such an agreement exists. The employer is knowingly issuing a false declaration that the role continues to exist and that they will continue to employ you. It is deception and you entering into the agreement implicates you too.

I am guessing they have had to step up your salary to meet ILR threshold but don’t want to maintain it beyond your application and thus you agreeing to resign solves the issue.

Also beware HMRC checks will establish that you are no longer working with the employer by the time your ILR decision is taken unless you are using super priority service.

The whole idea is essentially fraud / deception and dishonesty. Best avoided.

[jj19]

Thanks for your reply.

My salary already meets the requirements. It is kind of like redundancy but the employer is trying to avoid me claiming unfair dismissal, therefore we are negotiating. If I would like to make riskless ILR application (will use he super priority service), what will be my best options?

Many thanks!

[Frontier Mole]

So it is a case of the employer agreeing to issue you a ILR letter if you agree to resign rather than redundancy... makes no difference it is a false statement and the dishonesty / deception still applies. However low the risk of discovery it will still result in a potentially disastrous outcome. You would have obtained ILR by deception and the employer would lose their licence under PBS.

Your call, your risk.

[jj19]

Does that mean in this case, my best choice would be to persuade my employer continue my employment beyond the time I apply for ILR? And without any form of agreement?

Thanks!

[Frontier Mole]

Don’t get involved in any agreement, get your ILR and if you are willing to resign, do so. The numbers of employees that resign post ILR is a noted trend. Does not seem to raise any eyebrows.