Switching Employers and ILR

[mtparrott]

Hello,

I currently hold a Tier 2 General Visa and am employed in the UK on a permanent contract. As of 4 September, I will have been in the UK continuously for 5 years and am eligible to apply for Indefinite Leave to Remain.

However, I have just accepted a new job with a new employer which is scheduled to start on 1 October. Does anyone know whether I can apply for Indefinite Leave to Remain before October? Or will I need to apply for another Tier 2 visa with my new employer first?

The main reason for asking is that, since I have resigned, my current employer does not need me for the 'forseeable future'. I have a letter from my new employer confirming my permanent employment and stating that I will be employed by them for the forseeable future (and also a letter from my current employer confirming my employment status). But I'm not sure whether this is sufficient.

Thank you!

[makky86]

Hello,

I currently hold a Tier 2 General Visa and am employed in the UK on a permanent contract. As of 4 September, I will have been in the UK continuously for 5 years and am eligible to apply for Indefinite Leave to Remain.

However, I have just accepted a new job with a new employer which is scheduled to start on 1 October. Does anyone know whether I can apply for Indefinite Leave to Remain before October? Or will I need to apply for another Tier 2 visa with my new employer first?

The main reason for asking is that, since I have resigned, my current employer does not need me for the 'forseeable future'. I have a letter from my new employer confirming my permanent employment and stating that I will be employed by them for the forseeable future (and also a letter from my current employer confirming my employment status). But I'm not sure whether this is sufficient.

Thank you!

If you have started new job and employer is willing to give you letter for forseeable future then you should be fine to apply for ILR. Have you been issued new BRP with employer 2?

[mtparrott]

Thank you!

I haven't started with my new employer yet. I've signed a contract to start on 1 October. So what I am wondering is whether I can apply for ILR before I officially start with the new employer. I will still have a valid BRP and Tier 2 visa with my current employer. It is just that I am leaving that employer at the end of September, which they know. So they don't really need me for the 'forseeable future'.

[CR001]

Thank you!

I haven't started with my new employer yet. I've signed a contract to start on 1 October. So what I am wondering is whether I can apply for ILR before I officially start with the new employer. I will still have a valid BRP and Tier 2 visa with my current employer. It is just that I am leaving that employer at the end of September, which they know. So they don't really need me for the 'forseeable future'.

Then your CURRENT employer will have to give you the 'foreseeable future' letter as you do not hold a Tier 2 General visa with your new employer.

[mtparrott]

Thank you!

I haven't started with my new employer yet. I've signed a contract to start on 1 October. So what I am wondering is whether I can apply for ILR before I officially start with the new employer. I will still have a valid BRP and Tier 2 visa with my current employer. It is just that I am leaving that employer at the end of September, which they know. So they don't really need me for the 'forseeable future'.

Then your CURRENT employer will have to give you the 'foreseeable future' letter as you do not hold a Tier 2 General visa with your new employer.

Thank you. That is helpful. Do you know whether it needs to contain that language precisely? Or would it be sufficient for the letter to state that my contract is indefinite? And should I also include a letter from my soon to be employer?

[CR001]

Thank you!

I haven't started with my new employer yet. I've signed a contract to start on 1 October. So what I am wondering is whether I can apply for ILR before I officially start with the new employer. I will still have a valid BRP and Tier 2 visa with my current employer. It is just that I am leaving that employer at the end of September, which they know. So they don't really need me for the 'forseeable future'.

Then your CURRENT employer will have to give you the 'foreseeable future' letter as you do not hold a Tier 2 General visa with your new employer.

Thank you. That is helpful. Do you know whether it needs to contain that language precisely? Or would it be sufficient for the letter to state that my contract is indefinite? And should I also include a letter from my soon to be employer?

Well your contract is not 'indefinite' if you have a visa that expires. The letter must state '.....that xyz will be required in the position for the foreseeable future'. Difficult to state that if you have resigned. Your new employer not really relevant as you don't hold a visa for that employer and you are applying for a visa based on tier 2 with your current sponsor.