Very close to ILR but new manager might fire me

[alimista15]

New manager seems like don't like me and tries to find problems to fire me. I am trying my best to don't give her any chance. Before I ask any question, here is some background on my immigration history,



Some more details
- My first entry into UK was on 06-05-2008.
- My Current Salary is 40K for 2136 SOC code.
- My Wife joined me November 2014.
- 2 Year daughter born in UK in Oct 2015
- Wife pregnant again around 3 months

Question
As you can see only 3 and 5 months left for me for 10 years and 5 years old route, I will try my best to apply in June 2018 with 5 years route using one day appointment so my wife don't loose her time as dependent but in case if my manager fires me tomorrow... what are my options ?

[makky86]

As you can see only 3 and 5 months left for me for 10 years and 5 years old route, I will try my best to apply in June 2018 with 5 years route using one day appointment so my wife don't loose her time as dependent but in case if my manager fires me tomorrow... what are my options ?

Its best that you try to sort out with manager and apply from Tier 2. But even in worst case scenario you will be able to apply ILR based on 10 years residency.

If manager fires you she will probably has to make you complete your notice period ,which is 1 month in most companies. After that your company will notify UKVI about your termination.

Home office will send you the curtailment letter which may takes months (on average 4-5 months). You will have another 60 days after that to find new sponsr or leave country. Until this time your leave will be legal and covered under Section 3C. By this time you'll be eligble for 10 years long residency.

The draw back of this that your wife clock will reset to 0 annd will have to to compelte another 5 years under FLR

[alimista15]

Thank you so much.

Your reply really helped

[secret.simon]

Home office will send you the curtailment letter which may takes months (on average 4-5 months). You will have another 60 days after that to find new sponsr or leave country. Until this time your leave will be legal and covered under Section 3C.

I was under the impression that the 60 day countdown (to start a new Tier 2 job, not just find a new sponsor or leave the country) started from the last day at work under Tier 2, not from the date of the HO curtailment notice. Can this be clarified?

In any case, Section 3C does not come into play at all. Section 3C applies if the person makes a new further application before his old leave to remain has expired and covers them until the decision on that further application is made (including any AR). In this case, the person is covered by his original Tier 2 visa, not section 3C.

[Obie]

60 Days commences from the date that Home Office Notify you, otherwise how will one know that their leave has been curtailed.