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Changing Jobs During ILR Set M Application

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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NomiKaay
Junior Member
Posts: 66
Joined: Thu Jan 28, 2016 2:19 pm
United Kingdom

Changing Jobs During ILR Set M Application

Post by NomiKaay » Wed Oct 10, 2018 3:16 pm

Hi All,

I have been a long time user of this forum, occasionally commenting on people's posts to provide guidance as per my understanding.

I now find myself in a peculiar situation. I recently (mid-Sept 2018) applied for Set M using the online form. My application is still under review at the time of writing this post. I have just been offered a contracting position with a reputable financial company in my field where they will pay a daily rate so eventually I will have to operate under Limited Company - my first time changing from Permanent to Contract role. My current employer, whom I joined in Jul 2018, is what I put on the Set M form along with my previous employer with whom I was from Jun 2017-Jul 2018 so I had to submit 12 months worth of payslips and evidence. All these financial services firms are your large scale global organisations, so not some small company. My questions are below:

- What is the implication of changing jobs during Set M application?
- What is the implication of moving from Permanent to Contracting?
- Any issues with Naturalisation application as I will be applying (granted I get ILR) straight after Set M.

I don't want to lose this opportunity so would be keen to take up this new position.

I would appreciate people's view on this.

Kind regards

NK

User avatar
cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Changing Jobs During ILR Set M Application

Post by cyclina1 » Thu Oct 11, 2018 11:18 am

NomiKaay wrote:
Wed Oct 10, 2018 3:16 pm
Hi All,

I have been a long time user of this forum, occasionally commenting on people's posts to provide guidance as per my understanding.

I now find myself in a peculiar situation. I recently (mid-Sept 2018) applied for Set M using the online form. My application is still under review at the time of writing this post. I have just been offered a contracting position with a reputable financial company in my field where they will pay a daily rate so eventually I will have to operate under Limited Company - my first time changing from Permanent to Contract role. My current employer, whom I joined in Jul 2018, is what I put on the Set M form along with my previous employer with whom I was from Jun 2017-Jul 2018 so I had to submit 12 months worth of payslips and evidence. All these financial services firms are your large scale global organisations, so not some small company. My questions are below:

- What is the implication of changing jobs during Set M application? No. It doesn't matter. Decision is only based on the situation you were until the date of application.
- What is the implication of moving from Permanent to Contracting? No it doesn't matter.
- Any issues with Naturalisation application as I will be applying (granted I get ILR) straight after Set M. Citizenship never looks into your income.

I don't want to lose this opportunity so would be keen to take up this new position.

I would appreciate people's view on this.

Kind regards

NK
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

NomiKaay
Junior Member
Posts: 66
Joined: Thu Jan 28, 2016 2:19 pm
United Kingdom

Re: Changing Jobs During ILR Set M Application

Post by NomiKaay » Thu Oct 11, 2018 2:54 pm

Thanks for the clarification, that make sense.

User avatar
equitydealer
Member of Standing
Posts: 261
Joined: Sun Dec 02, 2012 6:22 am
United Kingdom

Re: Changing Jobs During ILR Set M Application

Post by equitydealer » Fri Oct 12, 2018 6:42 am

cyclina1 wrote:
Thu Oct 11, 2018 11:18 am
NomiKaay wrote:
Wed Oct 10, 2018 3:16 pm
Hi All,

I have been a long time user of this forum, occasionally commenting on people's posts to provide guidance as per my understanding.

I now find myself in a peculiar situation. I recently (mid-Sept 2018) applied for Set M using the online form. My application is still under review at the time of writing this post. I have just been offered a contracting position with a reputable financial company in my field where they will pay a daily rate so eventually I will have to operate under Limited Company - my first time changing from Permanent to Contract role. My current employer, whom I joined in Jul 2018, is what I put on the Set M form along with my previous employer with whom I was from Jun 2017-Jul 2018 so I had to submit 12 months worth of payslips and evidence. All these financial services firms are your large scale global organisations, so not some small company. My questions are below:

- What is the implication of changing jobs during Set M application? No. It doesn't matter. Decision is only based on the situation you were until the date of application.
- What is the implication of moving from Permanent to Contracting? No it doesn't matter.
- Any issues with Naturalisation application as I will be applying (granted I get ILR) straight after Set M. Citizenship never looks into your income.

I don't want to lose this opportunity so would be keen to take up this new position.

I would appreciate people's view on this.

Kind regards

NK
Are you sure? If the UKVI call up the employer they’ll find he doesn’t work there anymore the application maybe rejected? How do the UKVI know he’s still in paid employment earning over £18,600 unless someone tells them?

My understanding is that for postal applications it’s the situation of the applicant at the time they perform their checks that is key not just at the application date. One reason why premium appointments are more advantageous.
My comments do not constitute immigration advice, if in doubt consult an immigration adviser/solicitor

NomiKaay
Junior Member
Posts: 66
Joined: Thu Jan 28, 2016 2:19 pm
United Kingdom

Re: Changing Jobs During ILR Set M Application

Post by NomiKaay » Fri Oct 12, 2018 10:59 am

I would be advising UKVI change of circumstances once I hand in my notice to leave my current employer. Think that would suffice wouldn't it?

User avatar
equitydealer
Member of Standing
Posts: 261
Joined: Sun Dec 02, 2012 6:22 am
United Kingdom

Re: Changing Jobs During ILR Set M Application

Post by equitydealer » Fri Oct 12, 2018 11:51 am

How will you be paying yourself out of the Ltd company, lots of contractors I know take out the bare minimum in monthly salary to minimise tax liability.

Ideally you need to show payslips showing your salary is over £18,600.
My comments do not constitute immigration advice, if in doubt consult an immigration adviser/solicitor

NomiKaay
Junior Member
Posts: 66
Joined: Thu Jan 28, 2016 2:19 pm
United Kingdom

Re: Changing Jobs During ILR Set M Application

Post by NomiKaay » Fri Oct 12, 2018 12:55 pm

In terms of Set M, I think there wont be any requirements to show any of that as by then I presume my application would have been decided. Moreover, I can simply explain that I have recently taken up self-employment so still getting in grips with it. I have had good paying jobs since 2014 so doubt they will question my credibility.

For Naturalisation, it doesn't matter as Employment isn't a criteria.

User avatar
cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Changing Jobs During ILR Set M Application

Post by cyclina1 » Fri Oct 12, 2018 1:26 pm

equitydealer wrote:
Fri Oct 12, 2018 6:42 am
cyclina1 wrote:
Thu Oct 11, 2018 11:18 am
NomiKaay wrote:
Wed Oct 10, 2018 3:16 pm
Hi All,

I have been a long time user of this forum, occasionally commenting on people's posts to provide guidance as per my understanding.

I now find myself in a peculiar situation. I recently (mid-Sept 2018) applied for Set M using the online form. My application is still under review at the time of writing this post. I have just been offered a contracting position with a reputable financial company in my field where they will pay a daily rate so eventually I will have to operate under Limited Company - my first time changing from Permanent to Contract role. My current employer, whom I joined in Jul 2018, is what I put on the Set M form along with my previous employer with whom I was from Jun 2017-Jul 2018 so I had to submit 12 months worth of payslips and evidence. All these financial services firms are your large scale global organisations, so not some small company. My questions are below:

- What is the implication of changing jobs during Set M application? No. It doesn't matter. Decision is only based on the situation you were until the date of application.
- What is the implication of moving from Permanent to Contracting? No it doesn't matter.
- Any issues with Naturalisation application as I will be applying (granted I get ILR) straight after Set M. Citizenship never looks into your income.

I don't want to lose this opportunity so would be keen to take up this new position.

I would appreciate people's view on this.

Kind regards

NK
Are you sure? If the UKVI call up the employer they’ll find he doesn’t work there anymore the application maybe rejected? How do the UKVI know he’s still in paid employment earning over £18,600 unless someone tells them?

My understanding is that for postal applications it’s the situation of the applicant at the time they perform their checks that is key not just at the application date. One reason why premium appointments are more advantageous.
Just like the ILR of Tier 2 5 year route, the applicants need to be supported by their sponsor that they are still required in their job in the foreseeable future. The ground of this requirement is that the applicant is expected to continue working with their sponsor. However, the applicant can leave their job immediately by resign and the HO cannot revoke their ILR.

I believe in this case the HO cannot simply reject the applicant application.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
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South Africa

Re: Changing Jobs During ILR Set M Application

Post by CR001 » Fri Oct 12, 2018 1:57 pm

For interest, see link below with a very recent refusal due to not meeting the requirement.

indefinite-leave-to-remain/ilr-spouse-5 ... 65584.html
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.

NomiKaay
Junior Member
Posts: 66
Joined: Thu Jan 28, 2016 2:19 pm
United Kingdom

Re: Changing Jobs During ILR Set M Application

Post by NomiKaay » Mon Oct 15, 2018 11:11 am

Thats an interesting read, however, my situation is a tad bit different as I would be in continuous employment whilst in a different tax setup. If they ask for payslips, I can provide the weekly contract invoices. Never thought I would be in such a peculiar situation.

User avatar
CR001
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Posts: 88126
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Changing Jobs During ILR Set M Application

Post by CR001 » Mon Oct 15, 2018 11:13 am

NomiKaay wrote:
Mon Oct 15, 2018 11:11 am
Thats an interesting read, however, my situation is a tad bit different as I would be in continuous employment whilst in a different tax setup. If they ask for payslips, I can provide the weekly contract invoices. Never thought I would be in such a peculiar situation.
If you are contracting under a Limited Company, you are self employed and then there is a whole lot more documentation that is required.
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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