ILR Application decision pending- switching Jobs

[santosh2102]

Hi,
We did our biometrics and submitted ILR application after being on Tier2 General visa for 5 years and 9months in the country on 9th November 2021 and used priority route for the decision. We got below update on 12th November and email said-
"Although we would normally decide your application from the date of biometrics, unfortunately this is not going to be possible in your case" and then they asked for more details about our child dependant which we supplied the same day on 12th November to Worksponsoreddocumentrequests@homeoffice.gov.uk. as mentioned.
We still await decision and wondered if anyone else also received that message and got any advisory how much lead time is usually for ILR decision once we receive an update as above as clearly the application is gone above 5 days SLA that we chose as priority route. Any help or suggestion be helpful. thanks.

[zimba]

You should assume standard processing time and no refunds for priority. Wait to hear back

[santosh2102]

thank you- you mean 8 weeks as timelines?

[santosh2102]

Hi,
We submitted our ILR application and biometrics on 9th November 2021 and my current Tier 2 sponsored visa permit expires 11th January 2022. We got an update on application confirming our priority SLA won't be applicable and I understand now we need to assume standard timelines for the decision. I have a situation where I have accepted an offer from IBM to start from 4th January assuming at the time that I will have ILR decision by end of November as we went for priority service. Now if the decision takes long time- am I still allowed to switch jobs with new employer in case I still await decision from home office beyond 4th January 2022? I became eligible for ILR since February 2021 however due to personal circumstances only applied for ILR on 9th November.

[zimba]

thank you- you mean 8 weeks as timelines?

Up to 6 months

[zimba]

Hi,
We submitted our ILR application and biometrics on 9th November 2021 and my current Tier 2 sponsored visa permit expires 11th January 2022. We got an update on application confirming our priority SLA won't be applicable and I understand now we need to assume standard timelines for the decision. I have a situation where I have accepted an offer from IBM to start from 4th January assuming at the time that I will have ILR decision by end of November as we went for priority service. Now if the decision takes long time- am I still allowed to switch jobs with new employer in case I still await decision from home office beyond 4th January 2022? I became eligible for ILR since February 2021 however due to personal circumstances only applied for ILR on 9th November.

Just note that one condition to be granted ILR under the skilled route is that your sponsor must need you for the foreseeable future. Changing jobs or giving your notice means that such a condition might not be met. Unless you have ILR, you cannot switch your job

[santosh2102]

thanks Zimba. is it possible then for the new employer to process new Tier 2 sponsorship visa for me while we await ILR decision- if we submit that before my current visa expires?

[santosh2102]

Hi,
We submitted our ILR application and biometrics on 9th November 2021 and my current Tier 2 sponsored visa permit expires 11th January 2022. We got an update on application confirming our priority SLA won't be applicable and I understand now we need to assume standard timelines for the decision. I have a situation where I have accepted an offer from IBM to start from 4th January assuming at the time that I will have ILR decision by end of November as we went for priority service. Now if the decision takes long time- am I still allowed to switch jobs with new employer in case I still await decision from home office beyond 4th January 2022? I became eligible for ILR since February 2021 however due to personal circumstances only applied for ILR on 9th November.

Just note that one condition to be granted ILR under the skilled route is that your sponsor must need you for the foreseeable future. Changing jobs or giving your notice means that such a condition might not be met. Unless you have ILR, you cannot switch your job

thanks Zimba. is it possible then for the new employer to process new Tier 2 sponsorship visa for me while we await ILR decision- if we submit that before my current visa expires?

[CR001]

You cannot have two applications at the same time.

Submitting a new skilled worker visa will cancel your ilr application.

[santosh2102]

You cannot have two applications at the same time.

Submitting a new skilled worker visa will cancel your ilr application.

Thanks for confirming that. Using the https://www.immigrationstatuscheck.serv ... employers/ service- can employer seek right to work confirmation as there is a application pending decision? I have gathered that prospective employers can still onboard new resource if they get clearance on new employee using above service from home office? and is that also available for applications pending ILR decision?

[CR001]

You cannot work for another employer while your ILR application is pending other than the employer who has sponsored your tier 2 visa.

A new employer doing right to work check will get confirmation of your current tier 2 status which is tied to your current employer if you ilr is still pending.

[zimba]

You cannot have two applications at the same time.

Submitting a new skilled worker visa will cancel your ilr application.

Thanks for confirming that. Using the https://www.immigrationstatuscheck.serv ... employers/ service- can employer seek right to work confirmation as there is a application pending decision? I have gathered that prospective employers can still onboard new resource if they get clearance on new employee using above service from home office? and is that also available for applications pending ILR decision?

You seem to be confused about what it means to be sponsored worker. This is not about simply having a valid visa. Unless you have no work restrictions (e.g having ILR) you are RESTRICTED to ONLY work for your sponsor. The fact that you have a pending application does not change that. You can only change your employer if you successfully change your immigration status, like getting a new sponsored visa via a new sponsor or getting ILR

The only exception is when a skilled worker has a pending sponsorship application with a new employer and then they may start work until a decision is made on their application

[santosh2102]

You cannot have two applications at the same time.

Submitting a new skilled worker visa will cancel your ilr application.

Thanks for confirming that. Using the https://www.immigrationstatuscheck.serv ... employers/ service- can employer seek right to work confirmation as there is a application pending decision? I have gathered that prospective employers can still onboard new resource if they get clearance on new employee using above service from home office? and is that also available for applications pending ILR decision?

You seem to be confused about what it means to be sponsored worker. This is not about simply having a valid visa. Unless you have no work restrictions (e.g having ILR) you are RESTRICTED to ONLY work for your sponsor. The fact that you have a pending application does not change that. You can only change your employer if you successfully change your immigration status, like getting a new sponsored visa via a new sponsor or getting ILR

The only exception is when a skilled worker has a pending sponsorship application with a new employer and then they may start work until a decision is made on their application

thanks Zimba. Appreciate your response. All clear now on my work restrictions until I receive ILR decision. We have another situation if I may ask here- we did not submit ILR application for our little one as she was born here (surrey) in 2018 and have not completed 5years of UK stay anyways and initially we were confident to have received a decision of ILR by early December and then process little ones naturalisation before her current Tier 2 visa expires i.e. on 11th Jan 2022. Now as we understand our ILR decision can take 6months which may go beyond above date now- can she stay even if her visa is expired and then eventually we process her naturalisation once we receive ILR? We do not have any plans to travel abroad now until her naturalisation is done. I can't even extend her Tier 2 dependent visa as even mine is expiring same period in the interim so what will be our options?

[zimba]

Yes. It is fine.

[santosh2102]

Yes. It is fine.

Sorry Zimba just reconfirming- do you mean she can stay even her visa expired until we receive ILR decision as she is born here?

[zimba]

yes

[santosh2102]

yes

thanks Zimba. We did submit my wife's application who was here as dependant visa for 5years and 10months part of my application itself- is the decision of ILR for her also dependant on decision of my ILR? As in if they any complications for deciding my ILR status will that also impact decision on her application?

[CR001]

yes

thanks Zimba. We did submit my wife's application who was here as dependant visa for 5years and 10months part of my application itself- is the decision of ILR for her also dependant on decision of my ILR? As in if they any complications for deciding my ILR status will that also impact decision on her application?

Your wife only qualifies for ILR if you do. If your ILR is refused, her ILR will also be refused.

[santosh2102]

yes

thanks Zimba. We did submit my wife's application who was here as dependant visa for 5years and 10months part of my application itself- is the decision of ILR for her also dependant on decision of my ILR? As in if they any complications for deciding my ILR status will that also impact decision on her application?

Your wife only qualifies for ILR if you do. If your ILR is refused, her ILR will also be refused.

Thank you- understood.

[nidhisantosh]

Hi, I unfortunately have landed a situation where some how my existing employer found out I am interested and provisionally accepted another job while I am still awaiting ILR decision which we submitted early November. Now my existing employer is suggesting that they previously signed a letter confirming I am needed in my role for foreseeable future but now that's not the case so they are planning to let HO know about my situation that I will be potentially a leaver even before ILR is approved.
My request for help here is - is there a way I can let HO know through my application that at the time of application I didn't accept any offer but after that I did and can source the offer letter but can declare that I will not join new employer until I get a decision and until then I will continue my duties with me existing employer if I am allowed to continue to do so. Will this help my application or will result in rejection anyways? please suggest. My application for ILR is moving from Tier 2 sponsor general visa after having stayed in UK for 5yrs and 8months.

[zimba]

Hi, I unfortunately have landed a situation where some how my existing employer found out I am interested and provisionally accepted another job while I am still awaiting ILR decision which we submitted early November. Now my existing employer is suggesting that they previously signed a letter confirming I am needed in my role for foreseeable future but now that's not the case so they are planning to let HO know about my situation that I will be potentially a leaver even before ILR is approved.
My request for help here is - is there a way I can let HO know through my application that at the time of application I didn't accept any offer but after that I did and can source the offer letter but can declare that I will not join new employer until I get a decision and until then I will continue my duties with me existing employer if I am allowed to continue to do so. Will this help my application or will result in rejection anyways? please suggest. My application for ILR is moving from Tier 2 sponsor general visa after having stayed in UK for 5yrs and 8months.

First of all, why did you create another account to ask this question ??? This is not allowed. Your new account has now been deactivated
You have already been advised on this above. Your ILR depends on your employer wanting you for the foreseeable future. If you intend to leave your employer then they cannot support your ILR and UKVI very likely will refuse your application.

[santosh2102]

Hi, I unfortunately have landed a situation where some how my existing employer found out I am interested and provisionally accepted another job while I am still awaiting ILR decision which we submitted early November. Now my existing employer is suggesting that they previously signed a letter confirming I am needed in my role for foreseeable future but now that's not the case so they are planning to let HO know about my situation that I will be potentially a leaver even before ILR is approved.
My request for help here is - is there a way I can let HO know through my application that at the time of application I didn't accept any offer but after that I did and can source the offer letter but can declare that I will not join new employer until I get a decision and until then I will continue my duties with me existing employer if I am allowed to continue to do so. Will this help my application or will result in rejection anyways? please suggest. My application for ILR is moving from Tier 2 sponsor general visa after having stayed in UK for 5yrs and 8months.

First of all, why did you create another account to ask this question ??? This is not allowed. Your new account has now been deactivated
You have already been advised on this above. Your ILR depends on your employer wanting you for the foreseeable future. If you intend to leave your employer then they cannot support your ILR and UKVI very likely will refuse your application.

Sorry about that- I thought I was using same thread for too many different topics. The problem here is now they are enforcing a leave date on me despite my request and willingness to continue on the job until I receive ILR and been threatened to notify Home office that I will be leaving- I have tried convincing them that I cannot work for anyone else so I will continue my duties here but they not ready to accept it. So what are my options to protect my ILR application now?

[zimba]

You cannot protect your ILR. Seek to find a new sponsor as you are not eligible for ILR

[santosh2102]

You cannot protect your ILR. Seek to find a new sponsor as you are not eligible for ILR

okay got it. Fortunately my other employer is ready to process Tier 2 sponsor visa but I would need to withdraw my ILR application for that- will I get the ILR fees back at all if I withdraw it?

[zimba]

You cannot protect your ILR. Seek to find a new sponsor as you are not eligible for ILR

okay got it. Fortunately my other employer is ready to process Tier 2 sponsor visa but I would need to withdraw my ILR application for that- will I get the ILR fees back at all if I withdraw it?

Tier 2 does not exist. You must vary the ILR application to the Skilled worker visa