Change job to non-sponsor before settlement application

[Stuart McDuggins]

Hello!
I am currently on a Tier 2 visa, fully employed, and I plan to apply for settlement (ILR) in February 2019. I am considering pursuing another non-sponsor job before applying for settlement. If the interview process goes well, in December 2018 I will receive and accept a signed offer from the new non-sponsor employer and then give notice (three months) to my employer/sponsor. The offer will be contingent upon my being granted settlement. During my notice period I will apply in person for settlement with the intent to receive a same-day decision. Paragraph 12C of the Set(O) guidance for settlement requires a document from my sponsor confirming I am still required for the employment in question for the foreseeable future.

My question is this: how can my signed offer letter from my new non-sponsor employer be accepted as the document asked for in paragraph 12C of Set(O) application? The spirit of the law is clearly being met (i.e. I will be a productive wage-earner post-settlement), but I would like to know if I can somehow meet the letter of the law.

Thank you for your input.
SD

[equitydealer]

If you resign your current employer can not provide a letter supporting your application stating that you’re in a permanent position, not sure how a letter from your prospective employer will be assessed. A prospective employer is free to withdraw an offer of employment at any time for whatever reason.

Also have you considered that your current employer may not want you to serve out 3 months notice? It’s very common these days (for example in the financial services industry) for the employer to give you payment in lieu of notice to get you out the door in which case you’ll be technically unemployed between jobs.

With the UKVI there is no spirit of the law, they often look for reasons not to grant visas, they are not a charity.

[Justlorde]

Stay with your employer till your ILR is granted. Quit next day, if you must