Tier 2 (general) - redundancy & applying for IRL

[surista]

I came to the UK in Feb 2009 on a Tier 2 General visa. I changed employers in July 2014, the company took over as sponsor and we acquired a new five-year visa, which is valid until July 2019. We (myself, wife, two children both born & raised here in the UK) have thus been in the UK for almost eight years, and were in the process of starting the ILR application when my company announced a round of redundancies. I am likely to be included (or asked to relocate to another country). In the case I was included I would still be on gardening leave for at least three months (so at least through March).

Obviously finding another sponsor is the best option, but it's unclear whether another job would be available in time.

Is there any harm in just going through with the IRL process now, while I'm technically and legally still with the firm?

Second, we were referred to an immigration advisory firm that does not show up on the Office of the Immigration Services Commissioner register of regulated advsiers: <http://home.oisc.gov.uk/register_of_reg ... ister.aspx>
Is that a red flag? If so, what's the best way to find a reputable immigration lawyer?

Many thanks in advance.

[eduleal]

How were you able to be on Tier 2 general continually for more than 6 years?

Anyhow, the challenge for applying for ILR now is that you might have difficulties proving that "your employer (sponsor) still needs you for your job". They wouldn't be able to provide a letter saying the still need you for the foreseeable future, which is one of the key requirements.

Not sure about the lawyer, you need to have as many references as possible.
Even some of the recommended ones can be tricky, so make sure you know as much as possible about them before deciding.

[katrinarose]

I know a very good immigration chamber in central London.

[katrinarose]

They deals with all types of immigration cases. They have barristers and lawyers both with good track record.

[surista]

How were you able to be on Tier 2 general continually for more than 6 years?

Because I changed employers.

Enter on Tier 2 (general) Feb 2009, visa valid for 3 years.

Feb 2012 - applied for extension, which was granted (another 3 years).

Jul 2014 - left former employer, signed with new employer, made new tier 2 (general) application, received five-year visa (expires Jul 2019).

[Djsuccess]

How were you able to be on Tier 2 general continually for more than 6 years?

Because I changed employers.

Enter on Tier 2 (general) Feb 2009, visa valid for 3 years.

Feb 2012 - applied for extension, which was granted (another 3 years).

Jul 2014 - left former employer, signed with new employer, made new tier 2 (general) application, received five-year visa (expires Jul 2019).

If you have being on Tier 2 since Feb 2009. You should have applied for ILR before now. That means you have spent more than 6 years on tier 2.

2009 -2012 = 3 years
2012-2014 = 2 years (when you changed job)
2014- 2016 = 2 years
You have now spent atleast 7 years on Tie 2 visa. Why and how did you apply for another 5 years Tier 2 visa when you have already spent 5 years on same category visa. Something is not right here.
Please check again or possibly include the exact month your first tier 2 visa was issued so you could get more accurate advice.

You might want to contact the Citizen Advice Bureau in your area. They will offer you free immigration advice and offer help in any way they can.

[iworker]

he is on tier 2 from 2009 and hence can apply for as long as he want. He does not have the 6 years cap.

OP: If i were you, i would apply right now. ask your company to issue u a letter saying that you are a current employee. As they have not made a decision for redundancies, they should be able to give u such a letter.

[Djsuccess]

he is on tier 2 from 2009 and hence can apply for as long as he want. He does not have the 6 years cap.

OP: If i were you, i would apply right now. ask your company to issue u a letter saying that you are a current employee. As they have not made a decision for redundancies, they should be able to give u such a letter.

Thanks for the information iworker. I totally forgot about the those on tier 2 in 2009 will not be affected by the 6 years cap.

[surista]

Yes, applying for ILR right away was my first choice, but my company, based on advice from their legal dept, was that since my whole department was at risk, they could not sign the employment letter that said 'we continue to need to employ this person indefinitely'.

It turns out they company wants to relocate me to another country, which my family and I dont' want to do, so I'm probably going to take the redundancy package.

A company in the same general industry but (much) smaller wants to hire me and is willing to give me a full-term contract that would be well above the pay minimums. The company does not have a sponsor license - they're looking into getting one now, actually - but I'm wondering if I could use the offer of employment at the new company (instead of the employment letter from my current company) to apply for ILR? Obviously I can't actually start working at the new company, but I'd think that having lived here for 7 years, paid a lot of tax over that time, with two kids born and raised here, and a full-time job offer, ILR should be fairly straight-forward, no?

[CR001]

No, it is not as simple as that.

It is mandatory to include the employment letter for ILR stating you 'are required for the forseeable future / employment ongoing'.

An offer letter is just that, an OFFER.

[noajthan]

...

A company in the same general industry but (much) smaller wants to hire me and is willing to give me a full-term contract that would be well above the pay minimums. The company does not have a sponsor license - they're looking into getting one now, actually - but I'm wondering if I could use the offer of employment at the new company (instead of the employment letter from my current company) to apply for ILR? Obviously I can't actually start working at the new company, but I'd think that having lived here for 7 years, paid a lot of tax over that time, with two kids born and raised here, and a full-time job offer, ILR should be fairly straight-forward, no?

Don't count your chickens.

A pre-selected applicant for a company with no sponsor license and that has not completed a valid RLMT cycle does not have a 'job'.

Actually "no!"; none of these things are requirements for ILR:

paid a lot of tax over that time, with two kids born and raised here, and a full-time job offer

- - don't take ILR for granted; treat it as if life depended on it, which in one sense it does.