Applying for ILR Tier 2 route without resident labour market test

[CuriousFox]

Hi. I've been in the UK on a Tier 2 (General) visa for 4 years and 11 months. I was dismissed by my sponsor last year, so I've been actively looking for a new employer although it's been quite challenging. I received a curtailment letter from the Home Office earlier this year. My current Tier 2 visa will expire on 31 May, and that's after obtaining the COVID-19 extension. I haven't left the UK since my dismissal.

There is a company willing to hire me, but they are concerned if they can legally hire me now as they need two more weeks to complete the resident labour market test. I'm waiting to hear more from them as they are seeking legal advice, but I also spoke to a couple of immigration lawyers on my own. They gave me different options and I'm getting confused, so I'd like to ask for your opinion.

Lawyer 1
- He recommends me to apply for a Tier 2 (General) visa before 31 May anyways. I will be able to stay in the UK while my application is processed. When the resident labour market test is finished in June, I will make another "complete" application and ask the Home Office to switch them. From this point on, I will be able to work for my new employer. I will also get the fee for my first application back minus admin fee.
- Questions: Do immigration lawyers generally charge their fees twice in such a case? Can the Home Office revoke my work visa after issuing it if they later find out the resident labour market test wasn't complete before 31 May?

Lawyer 2
- He thinks I am eligible for ILR as I'll have lived in the UK on a Tier 2 (General) visa for 5 years in just two weeks' time. He recommends me to apply for ILR before 31 May with a conditional job offer from my potential employer, which would state they will hire me if I obtain ILR. I'll still have to meet the other requirements such as the Life in the UK test and English. That will allow me to stay in the UK while the application is processed, although I won't be able to work for this company until I obtain ILR. There is a chance that my application will get rejected, in which case I'll still be able to apply for a Tier 2 visa. However, I'll lose my ILR application fee. I'm also not sure if my potential employer can wait that long until I can start working for them.
- Questions: If my ILR application is rejected and I have to make a Tier 2 visa application as a result, will immigration lawyers generally charge fees for preparing both my ILR and Tier 2 visa applications? In case my ILR application is approved, can the Home Office revoke my ILR after issuing it if they later find out the resident labour market test wasn't complete before 31 May? Could you confirm if I can start working for my new employer once my ILR application is submitted or not?

More questions
- Is there any way to extend my current Tier 2 visa for a couple of weeks or so at this point to allow the resident labour market test is complete? Otherwise, I guess I'll have to hope for another COVID-19 visa extension or something similar.
- Any other advice?

Thank you for reading!

[CR001]

Lawyer 1
- He recommends me to apply for a Tier 2 (General) visa before 31 May anyways. I will be able to stay in the UK while my application is processed. When the resident labour market test is finished in June, I will make another "complete" application and ask the Home Office to switch them. From this point on, I will be able to work for my new employer. I will also get the fee for my first application back minus admin fee.
- Questions: Do immigration lawyers generally charge their fees twice in such a case? Can the Home Office revoke my work visa after issuing it if they later find out the resident labour market test wasn't complete before 31 May?

You need a CoS assigned to you before you can apply for tier 2. What is the job SOC?

Lawyer 2
- He thinks I am eligible for ILR as I'll have lived in the UK on a Tier 2 (General) visa for 5 years in just two weeks' time. He recommends me to apply for ILR before 31 May with a conditional job offer from my potential employer, which would state they will hire me if I obtain ILR. I'll still have to meet the other requirements such as the Life in the UK test and English. That will allow me to stay in the UK while the application is processed, although I won't be able to work for this company until I obtain ILR. There is a chance that my application will get rejected, in which case I'll still be able to apply for a Tier 2 visa. However, I'll lose my ILR application fee. I'm also not sure if my potential employer can wait that long until I can start working for them.

You don't qualify for ILR if you are not currently working for a tier 2 sponsor. You need an employer letter for absence and current job details and you need one months payslip and bank statement at the required level. ILR will be refused as you are not employed under the terms of a tier 2 visa. A conditional job offer is meaningless in your circumstances.

- Questions: If my ILR application is rejected and I have to make a Tier 2 visa application as a result, will immigration lawyers generally charge fees for preparing both my ILR and Tier 2 visa applications?

Probably. Why not ask the lawyers?

In case my ILR application is approved, can the Home Office revoke my ILR after issuing it if they later find out the resident labour market test wasn't complete before 31 May? Could you confirm if I can start working for my new employer once my ILR application is submitted or not?

Rlmt is completely irrelevant to ILR. Bottom line is you do not qualify for ilr based on tier 2. You cannot work for another employer under the current pandemic situation unless you have a cos already and have submitted an application for a change of employer.

- Is there any way to extend my current Tier 2 visa for a couple of weeks or so at this point to allow the resident labour market test is complete? Otherwise, I guess I'll have to hope for another COVID-19 visa extension or something similar.
- Any other advice?

No there is not. Without a cos and a confirmed job which the employer can only offer you after rlmt has been completed, you don't qualify for an extension or ILR.

How have you been maintaining yourself financially if you post your job last year?

[CuriousFox]

You need a CoS assigned to you before you can apply for tier 2. What is the job SOC?

The SOC is 3545.

You don't qualify for ILR if you are not currently working for a tier 2 sponsor. You need an employer letter for absence and current job details and you need one months payslip and bank statement at the required level. ILR will be refused as you are not employed under the terms of a tier 2 visa. A conditional job offer is meaningless in your circumstances.

Should I take it as that this lawyer gave me false information, right?

No there is not. Without a cos and a confirmed job which the employer can only offer you after rlmt has been completed, you don't qualify for an extension or ILR.

Does that mean that I have to give up the Tier 2 route and look for another type of visa instead to start fresh new?

How have you been maintaining yourself financially if you post your job last year?

Savings

[CR001]

1. SOC 3545 is a difficult one as it is probably the most abused SOC for BDMs.

2. Apparently yes. You should ask for the official ukvi guidance or rule that states you can apply for ilr without having a sponsor. I suspect they don't have anything.

3. You can hold a tier 2 general for a maximum period of 6 years but you as you say, you have very little time left on your curtailment.

[CuriousFox]

Thanks for the reply. Do you know how I can obtain the official UKVI guidance on this matter? I called 0300 123 2241 the other day, and the person on the phone told me that I was able to apply for ILR in my case, which is incorrect.

[zimba]

Thanks for the reply. Do you know how I can obtain the official UKVI guidance on this matter? I called 0300 123 2241 the other day, and the person on the phone told me that I was able to apply for ILR in my case, which is incorrect.

CR001 probably meant you should challenge your lawyers (who appear to have given you incorrect advice) to prove with official guide/rules how are they suggesting it is possible. She did NOT say you should go and question the UKVI

[CuriousFox]

I didn't think she meant that, either. I just would like a reliable and correct piece of advice since everyone I've spoken to is giving me different answers and I'm really getting confused.

[zimba]

I didn't think she meant that, either. I just would like a reliable and correct piece of advice since everyone I've spoken to is giving me different answers and I'm really getting confused.

First of all, UKVI does NOT provide any immigration advice. Lines are manned by third parties and dish out incorrect advice regularly.
Tier 2 has a guide based on the immigration rules which is the standard for what is permitted or not. You are NOT eligible for ILR at all.

So let's find you a solution:
I believe the current temporary visa arrangements will be extended beyond 31 May 2020 but let's assume that does not happen (unlikely).
I suggest then to apply for a new application like FLR(FP) before visa expiry to ensure you do not become an overstayer. Then you wait for the new sponsor to provide you with a valid COS and vary the FLR(FP) application to Tier 2 extension when you are assigned a COS. You can even start work for your new employer until your visa application is decided as allowed here: https://www.gov.uk/guidance/coronavirus ... #inside-UK

So maybe wait until next Tuesday and then apply for FLR(FP) if temporary arrangements were not extended.

[CuriousFox]

Thanks for the reply. I've just seen this Home Office update and it seems that I have two extra months to sort things out. I will wait until the RLMT is complete and then apply for a Tier 2 visa.

https://www.gov.uk/guidance/coronavirus ... #inside-UK

[zimba]

Thanks for the reply. I've just seen this Home Office update and it seems that I have two extra months to sort things out. I will wait until the RLMT is complete and then apply for a Tier 2 visa.

https://www.gov.uk/guidance/coronavirus ... #inside-UK

As I said it is unlikely for it not be extended