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ILR Apply Dilemma

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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nepzbabu35
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ILR Apply Dilemma

Post by nepzbabu35 » Wed Aug 23, 2017 12:58 pm

Afternoon Everyone

I am undergoing a serious dilemma regarding my upcoming ILR application and I was hoping to get some answers.

I came to UK on 11-01-2008 and have been here legally Student, Tier 4, PSW and currently on Tier 2 General Visa. I complete my 10 years in 10-01-2018 and the first question is do I get to apply 28 days in advance via postal only or can I do a premium application 28 days prior to the anniversary.

The eagerness to apply as soon as possible is because I need to get out of my current company as soon as I possible can. Last few years have been rather tough.

The main dilemma I have is can I quit my current job as soon as I submit the application. I understand postal could take up to 6 months so will I be breaching any immigration terms if I quit the job after receiving the confirmation letter. Even though there is an option to use premium application but no guarantee on receiving the decision on same day. Will I be wise to just stay at current employment until I get the decision or leave as soon as the confirmation of application is received (either postal or premium).

Hoping you guys could help.

Many Thanks.

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CR001
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Re: ILR Apply Dilemma

Post by CR001 » Wed Aug 23, 2017 1:01 pm

You can apply within 28 days before reaching 10 years from date of entry either postal or in person.

You should wait for ILR to be granted and BRP received before resigning.
Char (CR001 not Casa)
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nepzbabu35
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Re: ILR Apply Dilemma

Post by nepzbabu35 » Wed Aug 23, 2017 1:07 pm

CR001 wrote:
Wed Aug 23, 2017 1:01 pm
You can apply within 28 days before reaching 10 years from date of entry either postal or in person.

You should wait for ILR to be granted and BRP received before resigning.
Thank you for your prompt response. May I just ask if it is just a wiser thing to stay employed at current role or am I legally (under immigration laws) required to do so.

Thanks.

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CR001
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Re: ILR Apply Dilemma

Post by CR001 » Wed Aug 23, 2017 1:10 pm

You should stay until ypu have ILR. Suggest apply in person. Your existing visa conditions continue and ypu will not be able to work if you resign. If you resign and leave, your sponsor must inform HO and your visa will be cancelled/curtailed.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

nepzbabu35
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Re: ILR Apply Dilemma

Post by nepzbabu35 » Wed Aug 23, 2017 1:29 pm

CR001 wrote:
Wed Aug 23, 2017 1:10 pm
You should stay until ypu have ILR. Suggest apply in person. Your existing visa conditions continue and ypu will not be able to work if you resign. If you resign and leave, your sponsor must inform HO and your visa will be cancelled/curtailed.
Once again many thanks for your response. I am actually thinking to apply in person and hopefully getting a quick response. Quitting the job dilemma is only if the decision takes longer. I am not worried about having no work right and not being able to work until the decision time.

Since I would have already applied for a different visa (ILR) at the point of curtailment of my Tier 2 visa, after my employer informs HO, would it pose as a problem. I promise this will be the last question :lol: :lol:

Many Thanks

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CR001
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Re: ILR Apply Dilemma

Post by CR001 » Wed Aug 23, 2017 1:39 pm

For ILR LR, you are required to meet the requirements of each visa you have held and HO can check that you do and have in the past.

If your current visa is curtailed and you do not get a response on ILR in time or your ILR is refused, you become an overstayer.

I would strongly suggest you stick it out, apply in person before resigning. Too many variables that can blight an immigration history.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

nepzbabu35
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Posts: 8
Joined: Wed Aug 23, 2017 12:45 pm
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Re: ILR Apply Dilemma

Post by nepzbabu35 » Wed Aug 23, 2017 2:08 pm

CR001 wrote:
Wed Aug 23, 2017 1:39 pm
For ILR LR, you are required to meet the requirements of each visa you have held and HO can check that you do and have in the past.

If your current visa is curtailed and you do not get a response on ILR in time or your ILR is refused, you become an overstayer.

I would strongly suggest you stick it out, apply in person before resigning. Too many variables that can blight an immigration history.
Many Thanks for your reply. I will do as you have suggested.

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