ILR and leaving sponsor

[mhib]

Hi,

I am currently on tier 2 (general) visa and looking to move to apply for ILR early next year. I was just reading the requirements and one of them was that my tier 2 sponsor should state in the application that I will still be needed in my role. My questions are below:

- How long does it take normally to process an ILR application?
- Will I be able to leave my tier 2 sponsor (and leave UK or change employer) while the application is being assessed?
- Will I be able to travel in and out of the UK while the application is being assessed?
- Do I have any obligations to stay with my sponsor after the application is approved and the ILR is granted?

Thanks alot

[zimba]

- How long does it take normally to process an ILR application?

Premium appointment is same day. Postal application takes few months

- Will I be able to leave my tier 2 sponsor (and leave UK or change employer) while the application is being assessed?

No, you must be working for the sponsor

- Will I be able to travel in and out of the UK while the application is being assessed?

No, your application will become invalid

- Do I have any obligations to stay with my sponsor after the application is approved and the ILR is granted?

No, you are free to leave the sponsor after ILR

[mhib]

Thank you very much for your reply. One quick question, so If i took the Premium option I should get my reply on the same day (if all documents are OK?). Also any idea what the cost for premium is (I saw £610 per person online?).

Thanks

[CR001]

Total per applicant for ILR in person is £2,999 PER PERSON. There is also no guarantee that you will get a same day decision.

You do not get your ILR BRP card on the day though. This is sent to you by DX Courier and can take up to 10 days, sometimes longer.

[mhib]

thanks alot very useful

[mhib]

Hello again,

Sorry to bother again with my questions but I needed one clarification regarding the date of eligibility to ILR. Initially i thought it was from the date when I was granted RCOS, then I thought it was from the date of entry to UK. Now after reading the UK Guidance quotes below I am just confused (UK Guidance)

"The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period"

"Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application"

So in my case below were the dates of my initial leave to remain:
- RCOS granted - 12 September 2014
- COS assigned - 18 November 2014
- Visa submitted in embassy - 2 December 2014
- Visa received back - 25 December 2014 (nothing written on Visa but I have email evidence from me to lawyer)
- Visa start date - 5 January 2015
- UK entry date - 19 February 2015

So my question is which day would count as my qualifying day to apply (28 day) before. As you can see it does have almost a 3 months difference for us, and as we are unsure about staying in the UK this can be the decision maker for us (1 year and a bit left vs 1 and a half year)

Thanks alot

[trueblue19]

So in my case below were the dates of my initial leave to remain:
- RCOS granted - 12 September 2014
- COS assigned - 18 November 2014
- Visa submitted in embassy - 2 December 2014
- Visa received back - 25 December 2014 (nothing written on Visa but I have email evidence from me to lawyer)
- Visa start date - 5 January 2015
- UK entry date - 19 February 2015

Your qualifying period starts from 5 January 2015. Days between visa issuance and first entry on Tier 2 can be counted towards ILR qualifying period upto a maximum of 90 days (which is fine in your case). Of course the 180 day rule still applies, and the number of days between visa issuance and entry (46 in your case) will be counted towards 180-day maximum absence as per current rules.

Your ILR will be due on 28 days before 5 January 2020, so you can apply 9 Dec 2019 onwards.

[mhib]

Hi,

Sorry for my late reply. Thank you very much for your help. I am still not clear on why they stated that

"Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application"

This date in my case is about over 6 weeks earlier than the 5th of January. Or is that a contradiction in the regulation?

[CR001]

Hi,

Sorry for my late reply. Thank you very much for your help. I am still not clear on why they stated that

"Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application"

This date in my case is about over 6 weeks earlier than the 5th of January. Or is that a contradiction in the regulation?

Not sure what is unclear in the above. You can apply within 28 days before the anniversary of the date your visa was stamped, i.e. 5th Jan.

[mhib]

Thanks alot, it is just that i was not sure whether it is the date on tyhe visa (5/1) or whether it is the date it was issued (3 weeks before that).

My employer has just asked me another question that I am struggling with. My current employer is not the same one i started with and I have been issued a new visa in May 2017. I know thsi should not be a problem for me. However, my partner did have a partner's visa but like me had no BRP card (they did not do them in 2015) so she had to do a new application and was granted a new visa with a new BRP. Does that effect her ability to apply to the ILR at the same time as me? I do not think so but my employer seem to doubt it!

[CR001]

Thanks alot, it is just that i was not sure whether it is the date on tyhe visa (5/1) or whether it is the date it was issued (3 weeks before that).

Not sure what is not clear when you have been advised it is from visa start date, as printed in your passport, so 5th Jan.

My employer has just asked me another question that I am struggling with. My current employer is not the same one i started with and I have been issued a new visa in May 2017. I know thsi should not be a problem for me. However, my partner did have a partner's visa but like me had no BRP card (they did not do them in 2015) so she had to do a new application and was granted a new visa with a new BRP. Does that effect her ability to apply to the ILR at the same time as me? I do not think so but my employer seem to doubt it!

If the dates of her original visa are the same as yours, why do you think her ability to qualify for ILR is different to yours if she has held a PBS dependent visa for the whole time?? You have not stated anywhere in this topic what your partners visa issue, travel, expiry dates are so we will 'assume' they are the same as yours. Why is your employer concerned about your partners visa, it has nothing to do with them. She can choose to keep renewing her visa (if she doesn't pass LIUK for example) as often as she likes. She is NOT dependent on your employer, she is dependent on YOU.

You are overthinking things.

[mhib]

Thanks alot for your reply. As usual it is very helpful and clarifies things completely. I think they were concerned about it when i mentioned that she has the new visa issued. Yes, I do tend to overthink things. Thanks alot for your help