ILR Dilema

[dusty]

Hi,

Situation : the employer withdraws Tier 2 General sponsorship a before I am eligible for ILR application and has refused to give letter for ILR application.
My wife just got her ILR after 5 years on Tier 2, we have been together all that time but on separate tier 2 visas. Children just got their British Citizenship.
Will my 5 years continuous stay reset if I move to become her defendant? Is there any other way to avoid missing out on the 5 year route?

Thank you

[CR001]

Your continuous residence for ILR based on 10 years remains in tact as al visa categories can be used for 10 years long residence legal stay.

However for ILR based on 5 years residence, yes it will reset to zero and you will need 5 years (2 x 2.5 year visas) on FLR(M) spouse visa before you qualify for ILR on Set(M) based on 5 years residence. The advantage of course is that you will be free to work for any employer.

There is no way to avoid 'missing out on the 5 year route'.

[vinny]

Look for new employers under Tier 2 (General), within the time limits?

[dusty]

Thank you. I will look for another sponsor and if not then I may have to go the 10 yr route.

[dusty]

I am due to apply for ILR in 3 weeks but my employer intends to make me redundant about 7 days before and has refused to give me a letter to support my application. They have suggested that I find another job and use the employment letter to support my ILR application (Tell the new employer I am in the process of applying for my ILR and then use the letter if given an offer).
Is this allowed or legal?
Thank you.

[CR001]

Is what legal or allowed??

To qualify for ILR as Tier 2 migrant, you must be employed by your sponsor and have a letter stating "for the forseeable future" to be able to apply for ILR.

Staying on your current visa and submitting an "offer letter" for a new sponsor/employer is not sufficient.

You have already been advised on options. You would need to apply for and be granted a new tier 2 before you can apply for ILR or as stated, switch to FLR(M) resetting your 5 year clock.

Kindly also keep your questions on the same dissue in one topic.

[dusty]

Thank you. This was an option proposed by my employer that's why I am asking here. They too seemed unsure what the rules and how it is applied.