Work Permit - Change of Employer - Impact on ILR Process

[jayant78]

Hi Everyone,

I came to the UK in July 2006 on an employer sponsored 5 year Work Permit. I believe I should be eligible to apply for ILR in June 2011.

I am now considering moving to a different employer, who I expect, will be willing to do whatever is required on the Work Permit front.

Please could someone advice on the the following:
(i) How does the employer change on work permit take place - is a new work permit issued or is the sponsor on the existing work permit changed?
(ii) Does this change reset the clock on my ILR application or does changing the employer disadvantage a potential ILR process in any way?

Many thanks,
J

[senthil78]

Hi Everyone,

I came to the UK in July 2006 on an employer sponsored 5 year Work Permit. I believe I should be eligible to apply for ILR in June 2011.

I am now considering moving to a different employer, who I expect, will be willing to do whatever is required on the Work Permit front.

Please could someone advice on the the following:
(i) How does the employer change on work permit take place - is a new work permit issued or is the sponsor on the existing work permit changed?
(ii) Does this change reset the clock on my ILR application or does changing the employer disadvantage a potential ILR process in any way?

Many thanks,
J

1) You need to post in the relevant section to get proper answer
2). No

[geriatrix]

I am now considering moving to a different employer, who I expect, will be willing to do whatever is required on the Work Permit front.

Please could someone advice on the the following:
(i) How does the employer change on work permit take place - is a new work permit issued or is the sponsor on the existing work permit changed?

A new Tier 2 (General) sponsorship and leave to remain application.

regards

[jayant78]

Thank you for your prompt responses.

Ignoring my first question (which I can take to a different forum), please could someone point me to the rules relevant to the ILR application criteria for professionals with a Work Permit & Tier 2 combination? I arrived in the UK on the work permit on 03 July 2006, and I could be moving to the Tier 2 in June 2010.

I also understand that even though I will potentially be moving to a Tier 2 visa at a time when the new planned immigration rules have been made public, I will not get tripped by the new rules (if they become the law) because my Work Permit makes me eligible to apply for ILR under the old rules. Is my understanding accurate?

Many thanks,
J

[senthil78]

Thank you for your prompt responses.

Ignoring my first question (which I can take to a different forum), please could someone point me to the rules relevant to the ILR application criteria for professionals with a Work Permit & Tier 2 combination? I arrived in the UK on the work permit on 03 July 2006, and I could be moving to the Tier 2 in June 2010.

I also understand that even though I will potentially be moving to a Tier 2 visa at a time when the new planned immigration rules have been made public, I will not get tripped by the new rules (if they become the law) because my Work Permit makes me eligible to apply for ILR under the old rules. Is my understanding accurate?

Many thanks,
J

Your 1st question is answered by Sushdmehta.

You won't be affected by the new rule if you keep continuous work permit (Now Tier 2), visa and employed until June 2011 and able get a letter from the employer that your employment is continuing indefinitely before applying ILR. You will be qualified for ILR in 02 July 2011 and you can apply 28 days before your qualifying period which therefore in June 2011.

[geriatrix]

The residential qualifying period (for ILR) for both WP and Tier 2 migrants is 5 years, as per current laws.

This said, if you change your employer now or anytime before applying for ILR, you will need to apply for leave to remain as a Tier 2 migrant and immigration rules applicable to Tier 2 migrants (245ZB-Z45ZH) will apply to you - irrespective of your previous stay as WP migrant.

Unlike HSMP migrants protected by HSMP JR, if you do not qualify and apply for ILR before the "earned citizenship" changes are introduced in July 2011 (exact date(s)s not known yet), you'll be affected by those changes. This is irrespective of whether you continue to spend 5 years as a WP migrant or switch to Tier 2 status anytime inbetween.

See Earning the right to British citizenship and Transitional arrangements for earned citizenship.


regards

[jayant78]

senthil78 & sushdmehta - Thank you for the help