ILR (SET O): change of employment at maturity period

[gcdiwan]

Dear Moderators,

I am a bit of in a tricky situation and hope you can offer your comments to help clarify the confusion I have.

I entered the UK on 28th Nov 2014 on a Tier 2 General Visa and have been working since. I did change a couple of employers in between. I will be completing the 5 years continuous residence period at the end of Nov 2019 and will be making the same day ILR application at the beginning of November 1st week. My current Tier 2 Visa expires at the end of December 2019. I have a full time and permanent job offer that I plan to begin in November 1st week on the basis of ILR.

When I spoke with the UKVI person over the phone, I understood from them that the letter of support for ILR application is needed from my current Tier 2 sponsor. While my current employer has agreed to provide such a letter detailing absences from work, they are unable to mention in the letter that they will need me for the “foreseeable future”. This is true as I have already submitted my resignation letter and am currently in the notice period. However, my future employer is happy to provide me with a support letter mentioning that I will be in full-time employment for a foreseeable future. The question is whether UKVI will accept this letter from a future employer as I am already in notice period with my current sponsor. What are my options here? Do you see this as a major risk?

I look forward to your comments.

[CR001]

If you are banking on everything working out and the new employer is not sponsoring you for a tier 2, you might encounter problems. A letter from your new employer is irrelevant and won't be considered. Only documents from your tier 2 sponsor are relevant.

You should have waiyed till you had ILR before resigning.

[gcdiwan]

Hi CR001

Thanks for your reply.

Yes, what you said makes sense. Please correct me if I am wrong. However in my situation I couldn't have applied even before I resigned from current job as it's a contract job. So, the employer wouldn't be able to provide me with a letter that can confirm long term/permanent/foreseeable future employment anyway. I'm very much considering differing my ILR application for a couple of months and applying for tier 2 visa first instead. Since I have already been on tier 2 visa for close to 5 years now, I will need to apply for ILR soon after I get my new tier 2 visa. But do you think I can apply for a "upto 3 years tier 2 visa" after having completed 5 yrs on tier 2 already (considering the 6 yrs limit for tier 2)?

Thanks again for your help.

[CR001]

You can hold a tier 2 visa for a maximum of 6 years. You will simply get a visa for the time left to make it 6 years in total.

There is no mandatory requirement to apply for ilr at exactly 5 years.

[Casa]

Also note that there is no longer a 'same day' decision.

[gcdiwan]

You can hold a tier 2 visa for a maximum of 6 years. You will simply get a visa for the time left to make it 6 years in total.

There is no mandatory requirement to apply for ilr at exactly 5 years.

Thanks, this is useful.

[gcdiwan]

Also note that there is no longer a 'same day' decision.

Could you point me to UKVI link? Per the link below, it looks like UKVI can provide a decision at least by the next working day (assuming there are no glitches)
https://www.gov.uk/faster-decision-visa-settlement

[CR001]

Also note that there is no longer a 'same day' decision.

Could you point me to UKVI link? Per the link below, it looks like UKVI can provide a decision at least by the next working day (assuming there are no glitches)
https://www.gov.uk/faster-decision-visa-settlement

The 24 hour super priority is not guaranteed and many have waited in excess of 5 days often longer. Note also that due to high demand, many are not even getting the option of super priority at the moment and only have the standard service option.

[gcdiwan]

Also note that there is no longer a 'same day' decision.

Could you point me to UKVI link? Per the link below, it looks like UKVI can provide a decision at least by the next working day (assuming there are no glitches)
https://www.gov.uk/faster-decision-visa-settlement

The 24 hour super priority is not guaranteed and many have waited in excess of 5 days often longer. Note also that due to high demand, many are not even getting the option of super priority at the moment and only have the standard service option.

Dear Casa and CR001. Thanks for your comments.

I now understand from my future employer, it is difficult for them to process the tier 2 visa request at such short notice. I am just hoping if I apply for the ILR with a support letter from the current tier 2 sponsor and also from the future employer, it goes through. I know it's a risky situation, but that's the best I can think of right now. I will try and find out if a same-day appointment is available.

An additional question: I understand from what I have read in many posts in this forum that you may start working for a new employer, while you wait for ILR decision, provided the employer is able to verify the immigration status with UKVI using your application reference number. But there are some posts from users/moderators where it is suggested that this is not the case. It would be illegal for the employers to let you start working for them because the immigration status continues to be Tier 2 until ILR is granted. For eg. here Is this understanding correct, what's your take on this? I called up UKVI today to clarify this precise point and they mentioned it should be fine as long as you make an application before current leave expires and the employer is able to verify your status with them (i.e. UKVI).
Many thanks.

[CR001]

I now understand from my future employer, it is difficult for them to process the tier 2 visa request at such short notice. I am just hoping if I apply for the ILR with a support letter from the current tier 2 sponsor and also from the future employer, it goes through.

Your new employer letter is irrelevant and will be disregarded completely. For ILR based on Tier 2, only your tier 2 sponsor employment is relevant.

An additional question: I understand from what I have read in many posts in this forum that you may start working for a new employer, while you wait for ILR decision, provided the employer is able to verify the immigration status with UKVI using your application reference number. But there are some posts from users/moderators where it is suggested that this is not the case. It would be illegal for the employers to let you start working for them because the immigration status continues to be Tier 2 until ILR is granted. For eg. here Is this understanding correct, what's your take on this? I called up UKVI today to clarify this precise point and they mentioned it should be fine as long as you make an application before current leave expires and the employer is able to verify your status with them (i.e. UKVI).

The link you quote is not relevant to your visa category. You are NOT permitted to work for anyone other than your Tier 2 sponsor until such time as you are granted ILR and you have your ILR BRP card. The time you wait while HO makes a decision on ILR means your current and existing Tier 2 conditions continue and you do not have carte blanche to work for anyone else during this waiting period.

[gcdiwan]

I now understand from my future employer, it is difficult for them to process the tier 2 visa request at such short notice. I am just hoping if I apply for the ILR with a support letter from the current tier 2 sponsor and also from the future employer, it goes through.

Your new employer letter is irrelevant and will be disregarded completely. For ILR based on Tier 2, only your tier 2 sponsor employment is relevant.

An additional question: I understand from what I have read in many posts in this forum that you may start working for a new employer, while you wait for ILR decision, provided the employer is able to verify the immigration status with UKVI using your application reference number. But there are some posts from users/moderators where it is suggested that this is not the case. It would be illegal for the employers to let you start working for them because the immigration status continues to be Tier 2 until ILR is granted. For eg. here Is this understanding correct, what's your take on this? I called up UKVI today to clarify this precise point and they mentioned it should be fine as long as you make an application before current leave expires and the employer is able to verify your status with them (i.e. UKVI).

The link you quote is not relevant to your visa category. You are NOT permitted to work for anyone other than your Tier 2 sponsor until such time as you are granted ILR and you have your ILR BRP card. The time you wait while HO makes a decision on ILR means your current and existing Tier 2 conditions continue and you do not have carte blanche to work for anyone else during this waiting period.

Ok, thank you. Is there a UKVI page that I can verify this information because the person from UKVI I spoke to said otherwise.

[CR001]

The call centre is outsourced to a third party and they read off generic scripts.

You are allowed to work while an application is pending with ho, but as you hold tier 2, you can only work for your tier 2 sponsor, as those are the strict conditions of your tier 2 visa.

Immigration Rules Part 6a is relevant to PBS main visa holders and you can also read the tier 2 policy guidance notes.