Resigning on same day as ILR approval letter (but without BRP card)

[desiwanderlust]

Hi everyone,

I had a question that I wanted to request your assistance with. I had been in the country on a Tier 2 (General) visa for the last 5 years and had my ILR Premium appointment yesterday, where I was given the generic approval letter and told to wait for my BRP card.

I resigned from my current employer (sponsor of the Tier 2 visa) soon after getting the approval letter and was searching the forum for people who've done things in the same way? I have seen some threads (admittedly from 2014 ) where the advice has been to wait till you get your BRP card before you resign.

I understand the approval letter is fairly generic and doesn't in itself constitute sufficient proof of ILR, but I am struggling to understand why I can't resign until my BRP card comes? I will only start my next job once I have my BRP card, but can I note serve my notice and/or stay unemployed during this duration as the approval letter does state 'There is now no restriction on you living and working in the United Kingdom'.

This doesn't state anything along the lines of 'Upon receipt of your BRP card, you will not have restrictions' which leads me to believe the BRP card is more of an admin/printing process on the back of your ILR application having been successful, rather than it being part of the application process.

Can anyone shed light on this with their experience/understanding of the same?

Thanks!

[sonata]

I have seen a FOI request to the home office for clarification on the start date of ILR (for instance for naturalisation purposes), whether it will be the date you were approved or the date on the BRP.

The Home office's reply was it is the date it was granted so the approval date.

More still the approval letter tells a lot of things you no longer need to be bothered with (police registration, work limits etc) which are in force from the date of the letter, so i guess you are covered

That said my i received my BRP card some 10 days after approval but the start date on the card was the exact next calendar date after the approval letter.

I think you are fine.

[desiwanderlust]

I have seen a FOI request to the home office for clarification on the start date of ILR (for instance for naturalisation purposes), whether it will be the date you were approved or the date on the BRP.

The Home office's reply was it is the date it was granted so the approval date.

More still the approval letter tells a lot of things you no longer need to be bothered with (police registration, work limits etc) which are in force from the date of the letter, so i guess you are covered

That said my i received my BRP card some 10 days after approval but the start date on the card was the exact next calendar date after the approval letter.

I think you are fine.

Absolutely, I understand the approval letter isn't addressed to me and cannot be used as proof of ILR, but it is very clear on the fact that all restrictions previously placed on me via the Tier 2 visa are 'now' no longer an issue. The text continues to use the word 'now' as opposed to 'upon receipt of your BRP card', no restrictions apply, which leads me to believe the BRP is more of an admin thing which is sent over to print, but if I was to check my status on Home Office systems, I should show up with someone with ILR.

I'm hoping the BRP card comes through at some point soon and then I won't need to be worried about any of this...

[PaulG]

Have you already received your BRP card, could you please let us know when you receive it, I'm trying to find out times for me to receive it as well. I also applied using the Premium service. Thanks

[desiwanderlust]

Have you already received your BRP card, could you please let us know when you receive it, I'm trying to find out times for me to receive it as well. I also applied using the Premium service. Thanks

Hi Paul,

I had applied for ILR at 8am on 20/08, with the application under consideration at 8:15am, decision at 9:10am. I collected my approval letter and received my BRP card on 24/08 around 1pm. Hope this helps?

[PaulG]

Have you already received your BRP card, could you please let us know when you receive it, I'm trying to find out times for me to receive it as well. I also applied using the Premium service. Thanks

Hi Paul,

I had applied for ILR at 8am on 20/08, with the application under consideration at 8:15am, decision at 9:10am. I collected my approval letter and received my BRP card on 24/08 around 1pm. Hope this helps?

Thank you so much, it definitely helped, I should be receiving my BRP this week around Thursday / Friday I hope, as I applied on Thursday 23rd.

[Lynz1988]

Did you end up resigning the same day as you received your approval letter or did you wait for your BRP? I've got an employer who REALLY REALLY wants me to start ASAP (and I do too as it is my dream job) but they are waiting for my ILR (I told them NO to a sponsorship visa; I would have taken it if the interview process hadn't gotten so delayed to tie me over for a few months for the ILR but isn't the situation anymore) - so much so that one of their "suggestions" which I also declined was to get my employment guarantor letter and then resign but hand in my resignation before being able to do my actual ILR (which is a HUGE no-no!! I've actually told them that they need to back off and stop pushing me and trying to get me to take stupid risks such as that).

I was planning on resigning immediately/the next day having received my approval letter *knock on wood* as well but now not sure. They have on-boarded an immigration lawyer who I will be speaking with shortly and will ask but always interested to hear what others have done. I mean, if it's approved, it's approved and isn't the same as a Tier 2 Sponsorship where you need the BRP in hand in order to actually start work (especially when I've got a 3 month notice period anyways).

[vinny]

Why all this hurry in resigning? Seems disloyal to an employer who helped you get ILR?

[Lynz1988]

Let's put it this way: after 3 years of lies and broken promises and not able to put my career in the direction I want, it's time to move on. I've put in my time and I've done a lot of good work well, well beyond my job and paygrade (and continue to) with zero recognition or reward - even when I address it. I've got a job on the table that is everything I want plus a MUCH better salary since my current company doesn't care to do anything about my salary apart from the minimum legal requirements each April (but they know I haven't been able to leave because of the visa so they have kept taking advantage. It's sad, really because I would like to stay at my company but there isn't anything "there" for me)

In my industry and even in my company, there is a LOT of turnover for a lot of the reasons that I've mentioned. The only thing is the others have been free to leave and I've been stuck with needing the Tier 2 General

[vinny]

Probably safer to wait a few days until you receive the actual ILR BRP.