Indefinate Leave to Remail HOT QUESTION: Need Advice

[GSOtodd]

Come June 2010, I will have been working in the UK for five years, which will qualify me for ILR. Now, by that time I would have been working at my job for 5 years as well. Suppose I decide in May of 2010 (two months before I get ILR) to switch jobs and get a job offer which will start in September 2010 (new teaching job). Would I be able start that new job without a work permit (certificate of sponsorship) and go directly into that job like I was a British citizen? Will I just tell the Home OFfice that I've got a new job starting in September and that my current job ends in July 30th?

[PaperPusher]

Would I be able start that new job without a work permit (certificate of sponsorship) and go directly into that job like I was a British citizen?

No, you would have conditions on your employment restricting you to work of a particular type with one employer because you are here on a work permit. You would be breaking the law. There is an actually a criminal offence for working in breach of your conditions. In practice people get removed from the UK instead. There could also be a fine of up to £10k for your new employer.

Please also note the bits I have highlighted in the Immigration Rules:

Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:

(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);

(ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant;

(iii) he is still required for the employment in question, as certified by his employer; and

(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.

http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

[GSOtodd]

here in the Uk. When would I be eligible to take up ANY employment?

[PaperPusher]

After you get ILR, or if you switch to another immigration category such as Tier 1 (General), spouse of a settled person, EEA family member and so on.

You could also change employer by being sponsored by another employer and going for Tier 2.

Regards

[GSOtodd]

just month or two before I apply for indefinate leave to remain? Can I just work at my old job until I get ILR and THEN go to my new job without a work permit? Also, What if I get made redundant right after my fifth year here in the UK (the same time I'm eligible for ILR).

[PaperPusher]

just month or two before I apply for indefinate leave to remain?

If you want to change jobs, yes you would have to go for Tier 2 or something else before you changed jobs.

Can I just work at my old job until I get ILR and THEN go to my new job without a work permit?

Once you get ILR you can change jobs, set up a business whatever you like, but not before you have ILR if you're on a work permit. Until you have ILR you cannot go to your new job.

Also, What if I get made redundant right after my fifth year here in the UK (the same time I'm eligible for ILR).

That would be a problem because you wouldn't be able to show your employer still needs you and therefore wouldn't meet the rules, you would probably need specialist advice from a rep or solicitor in that situation.

If you are eligible for Tier 1 general and score enough points why don't you go for that. Please bear in mind the announcement from the Home Sec saying they will raise the bar very soon. On Tier 1 you can change jobs as often as you like.