ILR on skilled worker visa and TUPE transfer

[tanah]

Hi
I am in a bit of limbo and would really appreciate some advice on ILR on Skilled Worker route after TUPE transfer.

I started working as a Lecturer at University A in May 2019 on Tier 4 – Dependent visa.

Submitted application to switch to Tier 2/ Skilled Worker visa on: 14 May 2020
Tier 2/ Skilled Visa Granted: 20 July 2020

My original job contract was Permanent but due to organisational restructuring I was made redundant, and I moved to a Research position within University A (Visa switched to appropriate SOC code) in May 2024. I am currently working in research project on a fixed term contract with end date 31 October 2025. There is a possibility of extension for a few months but will not be confirmed until the last moment.

Please correct me if I am wrong, as per discussion in this post https://www.immigrationboards.com/viewt ... p?t=353014, and Home Office guidance, I understand that I am eligible to apply for the ILR on 5 years route on 14 May 2025.

Now the issue is, the project I am working in is transferred to University B as the Project Lead moved there. University B is keen to transfer me there through TUPE transfer.

My questions are:

1. Whether the TUPE transfer to University B will negatively effect on my ILR application?
2. What do I need to do to ensure that the transfer is smooth?

I am asking these questions because my experience with the HR in the University A is horrendous and I am afraid they may not issue a favourable letter that would facilitate my ILR.

Thanks in advance.

[zimba]

The process mostly lies within the scope of your new sponsor duties. This all depends on whether your new employer is a licensed sponsor or not. The official guide covers this process in detail

See: https://www.gov.uk/government/publicati ... or_similar

Even with a new sponsor, you still need to satisfy the rules and requirements, get paid appropriately and be supported with a sponsor letter.

See: All you need to know about the sponsor letter for Skilled Worker route

[tanah]

Hi Zimba,
Thank you so much for such a quick response. The new employer is a lincensed sponsor. They confirmed that my current salary will be maintained.

I have a couple of additional things to ask -

3. Will it be the responsibility of the new employer to clarify any annual leave outside UK which was originally taken under the old employer? Or do I have to obtain that confirmation from the old employer?

4. Moreover, even if I apply on 14 May 2025 (5 years from my initial Tier 2 visa application submission date) and granted ILR, my dependent will need to wait until 20 July 2025 (5 years from the date of granting visa) to apply for their ILR, right?

Thanks

[zimba]

3. No. Please read the link above. It explains thats you do NOT need a letter from previous sponsors.
4. Yes. They cannot benefit from concession. They will be eligible within 28 days form completing their 5 years counting from first visa issue date