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Syncing ILR and Resignation dates

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

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tanya53
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Syncing ILR and Resignation dates

Post by tanya53 » Wed Aug 01, 2018 9:54 am

I am on Tier 2 sponsored visa and I am eligible for ILR on November 6th. I am planning to quit my job around the same time preferably as soon as I have ILR in hand. I have a notice period of one month i.e I have to inform my employer about my resignation around October 10th. To apply for an ILR employer has to give me a letter stating they will need my service in the company etc..at the same time they also know that I will be leaving. Will it be a problem with these with the deadlines being so tight?
The problem is I have joining date for the new company around November 10th and I cannot delay it further. Please advice how to handle this.

TIA

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CR001
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Re: Syncing ILR and Resignation dates

Post by CR001 » Wed Aug 01, 2018 9:59 am

You risk your ILR being refused. You really should wait till you have your ILR in hand (and your BRP card which can take up to 10 days, sometimes longer) before you resign from your sponsor.

You have no posting history, so useful if you stated what your full UK immigration history is with all relevant dates!
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tanya53
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Re: Syncing ILR and Resignation dates

Post by tanya53 » Wed Aug 01, 2018 10:13 am

thank you!
I entered UK in September 2010 and did my Masters here.
I worked on PSW for my employer and eventually got them to sponsor me visa and I am on Tier 2 sponsorship since 2013 December.

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CR001
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Re: Syncing ILR and Resignation dates

Post by CR001 » Wed Aug 01, 2018 11:10 am

What date in December 2013 was your visa valid from??
Char (CR001 not Casa)
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tanya53
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Re: Syncing ILR and Resignation dates

Post by tanya53 » Wed Aug 01, 2018 11:31 am

4th of December hence the plan to apply on November 6th

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CR001
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Re: Syncing ILR and Resignation dates

Post by CR001 » Wed Aug 01, 2018 11:46 am

My opinion is it is risky as if HO checks with your employer, which they often do, then the 'foreseeable future letter' is not true if you only have 3 days of employment left.

Bear in mind too that the letter you get on the appointment day does not specifically state ILR is granted, you will need to wait for your BRP card to prove right to work.
Char (CR001 not Casa)
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tanya53
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Re: Syncing ILR and Resignation dates

Post by tanya53 » Wed Aug 01, 2018 8:34 pm

thank you. I'll be cautious of that.

desiwanderlust
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Re: Syncing ILR and Resignation dates

Post by desiwanderlust » Tue Aug 21, 2018 11:33 am

tanya53 wrote:
Wed Aug 01, 2018 8:34 pm
thank you. I'll be cautious of that.
Hi Tanya53,

I wanted to see how it all went for you? I'm in a similar position as I've resigned on the day of my ILR appointment (after getting the approval letter) and am awaiting the BRP card...

Thanks!

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CR001
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Re: Syncing ILR and Resignation dates

Post by CR001 » Tue Aug 21, 2018 11:37 am

desiwanderlust wrote:
Tue Aug 21, 2018 11:33 am
tanya53 wrote:
Wed Aug 01, 2018 8:34 pm
thank you. I'll be cautious of that.
Hi Tanya53,

I wanted to see how it all went for you? I'm in a similar position as I've resigned on the day of my ILR appointment (after getting the approval letter) and am awaiting the BRP card...

Thanks!
Again, if you actually READ the entire topic, you will note that the OP is only eligible for ILR on 6th November and has NOT applied yet but is resigning from job BEFORE applying for ILR and will only be with the sponsor for 3 more days AFTER the ILR applicatio. Which is what the advice is regarding. It is NOT the same circumstances as yours!!!

Kindly desist from tagging onto other topics as you have already been asked!!!
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.

desiwanderlust
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Re: Syncing ILR and Resignation dates

Post by desiwanderlust » Tue Aug 21, 2018 12:00 pm

CR001 wrote:
Tue Aug 21, 2018 11:37 am
desiwanderlust wrote:
Tue Aug 21, 2018 11:33 am
tanya53 wrote:
Wed Aug 01, 2018 8:34 pm
thank you. I'll be cautious of that.
Hi Tanya53,

I wanted to see how it all went for you? I'm in a similar position as I've resigned on the day of my ILR appointment (after getting the approval letter) and am awaiting the BRP card...

Thanks!
Again, if you actually READ the entire topic, you will note that the OP is only eligible for ILR on 6th November and has NOT applied yet but is resigning from job BEFORE applying for ILR and will only be with the sponsor for 3 more days AFTER the ILR applicatio. Which is what the advice is regarding. It is NOT the same circumstances as yours!!!

Kindly desist from tagging onto other topics as you have already been asked!!!
Happy to wait for an answer on my separate topic, but the only reason I asked my question here was the following:

“You really should wait till you have your ILR in hand (and your BRP card which can take up to 10 days, sometimes longer) before you resign from your sponsor.”

Thanks anyways

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CR001
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Re: Syncing ILR and Resignation dates

Post by CR001 » Tue Aug 21, 2018 12:06 pm

desiwanderlust wrote:
Tue Aug 21, 2018 12:00 pm
CR001 wrote:
Tue Aug 21, 2018 11:37 am
desiwanderlust wrote:
Tue Aug 21, 2018 11:33 am
tanya53 wrote:
Wed Aug 01, 2018 8:34 pm
thank you. I'll be cautious of that.
Hi Tanya53,

I wanted to see how it all went for you? I'm in a similar position as I've resigned on the day of my ILR appointment (after getting the approval letter) and am awaiting the BRP card...

Thanks!
Again, if you actually READ the entire topic, you will note that the OP is only eligible for ILR on 6th November and has NOT applied yet but is resigning from job BEFORE applying for ILR and will only be with the sponsor for 3 more days AFTER the ILR applicatio. Which is what the advice is regarding. It is NOT the same circumstances as yours!!!

Kindly desist from tagging onto other topics as you have already been asked!!!
Happy to wait for an answer on my separate topic, but the only reason I asked my question here was the following:

“You really should wait till you have your ILR in hand (and your BRP card which can take up to 10 days, sometimes longer) before you resign from your sponsor.”

Thanks anyways
Again, have you actually read what the OP has written to understand my response that you have quoted in context????

The OP will resigned from their Tier 2 sponsor BEFORE applying for ILR, which casts doubts on the 'required for the foreseeable future' aspect given that the ILR is being applied 3 days before last day with tier 2 sponsor and expect to start working for new employer immediately (without a BRP Card as proof of right to work).
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.

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