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Changing jobs prior to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Malaya
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ILR application health and work visa questions

Post by Malaya » Fri Dec 01, 2023 2:56 pm

Hello,
I have few questions about my ILR application, and I would really appreciate the help please.
I came to the UK on a Tier 4 visa in 2017 for a one year MSc. on 24/12/2018 I started work having applied for a tier 2 visa, the application was approved on 18/01/2019 and my BRP arrived 07/02/2019. Which of these dates can I use to calculate my 5 years?
I worked for 3 different hospitals and I had a gap in employment while my tier 2 visa was still valid, this lasted for about 80 days straight, I was still in the UK on a valid tier 2 visa but I wasn't employed, could that be an issue?
Do I need to provide letters from the 3 hospitals I worked at?
Also, I have a wife and 2 children who came to the UK after me, they have been living here continuously for over 2 years, their BRP is due to expire soon, what kind of visa can I apply for them? will it be a tier 2 dependent visa? and would I need a COS from work for that?
Thank you very much for anyone who can help.

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Re: ILR application health and work visa questions

Post by CR001 » Fri Dec 01, 2023 3:12 pm

the application was approved on 18/01/2019 and my BRP arrived 07/02/2019. Which of these dates can I use to calculate my 5 years?
18/01/2019
I worked for 3 different hospitals and I had a gap in employment while my tier 2 visa was still valid, this lasted for about 80 days straight, I was still in the UK on a valid tier 2 visa but I wasn't employed, could that be an issue?
No.
Do I need to provide letters from the 3 hospitals I worked at?
No, just current employer.
Also, I have a wife and 2 children who came to the UK after me, they have been living here continuously for over 2 years, their BRP is due to expire soon, what kind of visa can I apply for them? will it be a tier 2 dependent visa?

Skilled Worker dependent visa. It will be a 3 year extension. When exactly do their visas expire?
and would I need a COS from work for that?
No.
Char (CR001 not Casa)
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Malaya
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Re: ILR application health and work visa questions

Post by Malaya » Fri Dec 01, 2023 3:15 pm

That's great thank you for your reply.

Their visa is due to expire on 04/01/2024.

Thanks for you help

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Re: ILR application health and work visa questions

Post by CR001 » Fri Dec 01, 2023 3:22 pm

You must apply for them before their visas expire but after you have applied for ILR. Their applications will be held until your ILR is decided.
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Malaya
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Re: ILR application health and work visa questions

Post by Malaya » Fri Dec 01, 2023 3:47 pm

Will do. Thanks a lot!

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Changing jobs prior to ILR

Post by Malaya » Fri Dec 08, 2023 12:09 am

I am due to apply for ILR as a skilled worker at the end of December, I was planning on continuing with my current employer, however, I have been offered a job with a different sponsor. My current BRP expires two days after the date I would be eligible to apply for ILR.
Two questions please, can I apply for ILR with a letter from the new company despite never working with them before?
If the answer is yes, can I then start working for them prior to the ILR decision?

Thank you very much for your help

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Re: Changing jobs prior to ILR

Post by meself2 » Fri Dec 08, 2023 12:17 am

Malaya wrote:
Fri Dec 08, 2023 12:09 am
Two questions please, can I apply for ILR with a letter from the new company despite never working with them before
AFAIK, you have to enclose a payslip, so not immediately.
Malaya wrote:
Fri Dec 08, 2023 12:09 am
If the answer is yes, can I then start working for them prior to the ILR decision?
You can (assuming you get a new SWV for you, with CoS and everything).
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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Re: Changing jobs prior to ILR

Post by zimba » Fri Dec 08, 2023 2:09 pm

Malaya wrote:
Fri Dec 08, 2023 12:09 am
I am due to apply for ILR as a skilled worker at the end of December, I was planning on continuing with my current employer, however, I have been offered a job with a different sponsor. My current BRP expires two days after the date I would be eligible to apply for ILR.
Two questions please, can I apply for ILR with a letter from the new company despite never working with them before?
If the answer is yes, can I then start working for them prior to the ILR decision?

Thank you very much for your help
You cannot get ILR with an offer of employment, you need to work for a sponsor. You must apply and get a new skilled worker visa and work for the new sponsor for at least a month before being able to go for ILR.

Also see: All you need to know about the sponsor letter for Skilled Worker route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Malaya
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Re: Changing jobs prior to ILR

Post by Malaya » Fri Dec 08, 2023 5:59 pm

That's great thank you both for your help.
Do I have to wait for an outcome prior to changing jobs?

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CR001
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Re: Changing jobs prior to ILR

Post by CR001 » Fri Dec 08, 2023 6:48 pm

Malaya wrote:
Fri Dec 08, 2023 5:59 pm
Do I have to wait for an outcome prior to changing jobs?
Yes. You cannot work for another employer unless you have ILR granted OR you switched your Skilled Worker visa and apply for a new visa with the new employer. For ILR you must be employed and 'required for the foreseeable future' and have a letter stating this.

This has already been advised!
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