Losing Job just before Eligible for ILR

[Ducky11]

Hi All,

A friend of mine is currently on an employer sponsored tier 2 work permit, living & working in London & has recently been handed his notice. He's in a bit of a tight spot & I have provided a bit of background is below -

1. Entered UK in Sep-08 to pursue a masters degree & graduated in Jul-10
2. Got a post study work visa in Aug-10 & started employment in Sep-10
3. Switched to Tier 2 General (sponsored by employer) on 10-Jan-12
4. He has been handed his notice on 25-Oct-16 & his last day at work will be 28-Dec-16
5. I believe (please correct me if I am wrong) that he will be eligible to apply for ILR 28 days before the 5 year anniversary of his tier 2 visa. The 5 year anniversary is 10-Jan-17 & 28 days before that is 23-Dec-16.
6. He only has a 5 day overlap during which he can apply (23 to 28 Dec-16), which is really cutting it fine.
7. My question is - Would it be a problem if he were to apply for his ILR when he is serving his notice? He should be able to get a letter from his employer stating that he is "currently" employed by them.
8. Also, how old can the letter from his employer be? For example, if he applies on 23-Dec-16 & the letter from the employer is dated mid or early November then would that be a problem?
9. Lastly, any other tips or advice that would put his & my mind at ease would be really appreciated.

Apologies for the long post & thank you in advance for any help as always.

Ducky

[CR001]

He has to give a letter stating he is currently employed AND that he will be required in the job for the forseeable future. No way of getting around this with the current situation.

[iworker]

28 days before 10 Jan is more like 13 Dec.
But letter asked is for foreseeable future of employment.. not current.
the letter can be up to 1 month old.

[cyborg001]

Yes but it's very easy to get a letter like that signed by a manager or via central HR in big companies saying you're needed for foreseeable future as there is no definition for foreseeable and things can change overnight in private firms.

If OP can source such a letter (ignoring the morality etc.) then is he OK to proceed?

[Ducky11]

Thank you all for your replies. So lets say he manages to get a letter from his manager saying that he will be employed for the foreseeable future & he gets a premium ILR appointment. Is there a chance that they might call his company / HR to confirm?

[Casa]

Thank you all for your replies. So lets say he manages to get a letter from his manager saying that he will be employed for the foreseeable future & he gets a premium ILR appointment. Is there a chance that they might call his company / HR to confirm?

Yes there is.

[Ducky11]

Ok... Is there a way out for him?

[CR001]

Find another sponsor, apply for a new Tier 2 G and then apply for ILR next year.

[noajthan]

Thank you all for your replies. So lets say he manages to get a letter from his manager saying that he will be employed for the foreseeable future & he gets a premium ILR appointment. Is there a chance that they might call his company / HR to confirm?

Clearly any letter issued by any sort of responsible manager will state last day at work will be 28-Dec-16.
'Friend' could attempt to renegotiate around the question of termination date.