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Ilr priority

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Griffon123
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Lost a job after submitting Set (LR) application

Post by Griffon123 » Wed Jun 17, 2020 9:58 pm

My visa is Tier 2 (General), will be eligible to apply for Set (LR) 10 years this August. What would happen if I lost my job after I submit and pay my Set (LR) application online, but before the UKVCAS biometrics appointment or in the position of waiting for a decision made on this application?

1. In the normal case, does UKVI check applicant's current visa status (employment if Tier 2 (General)) when processing Set (LR) application?
2. In this specific case (I lost my job after submitting the application online), will this affect the decision made on the Set (LR) application?
3. In this specific case (I lost my job after submitting the application online), am I still legal to stay in the UK and wait for the set (LR) decision?

I hope those who've been in the similar situation or know the answers to these questions could share the knowledge with me. Or point me to the right place for relevant information. Many thanks for your help. Much appreciated. Good luck with your application!

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Re: Lost a job after submitting Set (LR) application

Post by CR001 » Wed Jun 17, 2020 10:15 pm

Set LR is not based on being employed.

If you lose your job after you have applied it should have no effect. You won't however be able to work for any other employer until your ilr is granted and you have your brp card.
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Re: Lost a job after submitting Set (LR) application

Post by Griffon123 » Wed Jun 17, 2020 11:10 pm

CR001 wrote:
Wed Jun 17, 2020 10:15 pm
Set LR is not based on being employed.

If you lose your job after you have applied it should have no effect. You won't however be able to work for any other employer until your ilr is granted and you have your brp card.
Hi CR001,
Thank you so much for your reply. Really helpful!! Sorry not sure if you also know this. Regarding working for another employer when waiting for Set (LR) decision, I won't be able to do that normally. However, I did see temporary guidance Coronavirus (COVID-19): right to work checks (https://www.gov.uk/guidance/coronavirus ... ork-checks). I guess this is mainly for Tier 2 applicants who could use the Employer Checking Service to prove their right to work and start working until the decision is made. Do you know whether there is some special service like that to allow me to prove and start working when waiting for Set (LR) decision?

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Re: Lost a job after submitting Set (LR) application

Post by zimba » Thu Jun 18, 2020 3:59 am

No. You are NOT allowed to start working for anyone other than your sponsor as a Tier 2 migrant unless you get ILR or a new Tier 2 visa (via a new Tier 2 sponsor). If you lose your job and apply for SET(LR), you must refrain from working until ILR is granted. This is because conditions of your TIer 2 visa continue to apply until ILR decision is made.

COVID19 Exception: A new Tier 2 sponsor is only allowed to let you start working for them if you have a pending Tier 2 visa application and certain conditions are met.
If you’re sponsoring an employee who’s waiting for their Tier 2 or 5 visa application to be decided
You may allow employees to start work before their visa application has been decided if:

you have assigned them a CoS
the employee submitted their application before their current visa expired
the role they are employed in is the same as the one on their CoS
https://www.gov.uk/guidance/coronavirus ... be-decided
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Lost a job after submitting Set (LR) application

Post by Griffon123 » Thu Jun 18, 2020 6:25 am

Zimba wrote:
Thu Jun 18, 2020 3:59 am
No. You are NOT allowed to start working for anyone other than your sponsor as a Tier 2 migrant unless you get ILR or a new Tier 2 visa (via a new Tier 2 sponsor). If you lose your job and apply for SET(LR), you must refrain from working until ILR is granted. This is because conditions of your TIer 2 visa continue to apply until ILR decision is made.

COVID19 Exception: A new Tier 2 sponsor is only allowed to let you start working for them if you have a pending Tier 2 visa application and certain conditions are met.
If you’re sponsoring an employee who’s waiting for their Tier 2 or 5 visa application to be decided
You may allow employees to start work before their visa application has been decided if:

you have assigned them a CoS
the employee submitted their application before their current visa expired
the role they are employed in is the same as the one on their CoS
https://www.gov.uk/guidance/coronavirus ... be-decided
Thanks Zimba! Yep, that makes sense. So I guess the simplest case for me would be being able to submit my online application before anything else happens, which is losing my current job.

I also saw another thread talking about date of application, super priority date etc. indefinite-leave-to-remain/date-of-appi ... 93665.html

I entered the UK on 13/09/2010. Following the discussion in the above link, I guess I could submit the online form anytime from now but need to book an appointment no earlier than 17/08/2020 to meet the requirement of staying at least (10 years - 28 days). Then the question is, which one of the following two do I have to make sure? (1) I am still working for my current employer before the day I submit my online application or (2) before the day I attend my Biometrics appointment? Or it does not matter? Sorry if I misunderstood something here. Many thanks for your help.

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Re: Lost a job after submitting Set (LR) application

Post by zimba » Thu Jun 18, 2020 4:42 pm

You cannot work if you lose your job. You can continue to work for your current sponsor regardless of your ILR application
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Lost a job after submitting Set (LR) application

Post by Griffon123 » Thu Jun 18, 2020 5:59 pm

Zimba wrote:
Thu Jun 18, 2020 4:42 pm
You cannot work if you lose your job. You can continue to work for your current sponsor regardless of your ILR application
Hi Zimba,
Thank you for your reply. Sorry for the confusion. Could you please answer the following questions?
1. Sounds like once I've submitted my Set(LR) application, my status would be frozen as Tier 2 migrant no matter what happens to my job. Correct?
2. I could submit the online application and pay a super priority service if it's open, but need to book an appointment no earlier than 17/08/2020 which is (10 years - 28 days) in my case to meet the requirement. Correct?
3. If I would like to go with the standard service (6 months), can I submit the application before 17/08/2020 (when the (10 years - 28 days) has not been met) but book an appointment after 17/08/2020?

Following your answer in the above link, my understanding is that for the super priority application, appointment/decision date are almost the same so you could do 2. But for standard service, 6 months processing timeframe, appointment date and decision date would make a big difference. Many thanks in advance.

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Re: Lost a job after submitting Set (LR) application

Post by zimba » Thu Jun 18, 2020 8:50 pm

1. Yes but that has nothing to do with you applying for SET(LR). Your status remains unchanged until a new leave is granted
2. Yes
3. Yes
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Lost a job after submitting Set (LR) application

Post by Griffon123 » Fri Jun 19, 2020 1:00 am

Zimba wrote:
Thu Jun 18, 2020 8:50 pm
1. Yes but that has nothing to do with you applying for SET(LR). Your status remains unchanged until a new leave is granted
2. Yes
3. Yes
Hi Zimba, Thank you very much for the valuable answers!

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Ilr priority

Post by Griffon123 » Sat Jun 27, 2020 6:12 pm

CR001 wrote:
Sat Jun 20, 2020 6:24 pm
1. You cant.

2. You have to withdraw and reapply and pay again.

3. Usually automatic.

4. You cannot "top up" an existing application. You have to withdraw and reapply and pay again. Refunds can take a few weeks.

There is no indication that the super priority service will be available any time soon.
Hi CR001, I'm now Tier 2(General) which expires in 2023, plan to submit a standard Set(LR) application if priority service is not open next week.
1. If priority is open and I'd like to withdraw the standard application, what is my visa status then? Does it remain as Tier 2 (General), I can stay in the UK and work for my current employer like nothing has ever happened? Since there is a message in your shared link 'You may lose your permission to stay in the UK if you cancel your application'.
2. I followed your link, there is some condition to withdraw an application, i.e. biometrics have not been taken so the application has not been sent to UKVI. Anything else I need to pay attention to?
3. If I reapply (repay) a priority application, will the previous withdraw affect the decision made on the priority application?
Many thanks for your help!!

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Re: Ilr priority

Post by CR001 » Sat Jun 27, 2020 6:16 pm

Griffon123 wrote:
Sat Jun 27, 2020 6:12 pm
CR001 wrote:
Sat Jun 20, 2020 6:24 pm
1. You cant.

2. You have to withdraw and reapply and pay again.

3. Usually automatic.

4. You cannot "top up" an existing application. You have to withdraw and reapply and pay again. Refunds can take a few weeks.

There is no indication that the super priority service will be available any time soon.
Hi CR001, I'm now Tier 2(General) which expires in 2023, plan to submit a standard Set(LR) application if priority service is not open next week.
1. If priority is open and I'd like to withdraw the standard application, what is my visa status then? Does it remain as Tier 2 (General), I can stay in the UK and work for my current employer like nothing has ever happened? Since there is a message in your shared link 'You may lose your permission to stay in the UK if you cancel your application'.
2. I followed your link, there is some condition to withdraw an application, i.e. biometrics have not been taken so the application has not been sent to UKVI. Anything else I need to pay attention to?
3. If I reapply (repay) a priority application, will the previous withdraw affect the decision made on the priority application?
Many thanks for your help!!
Please do NOT tag your questions onto other members topics.

Post split and merged with your own topic you already have.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Ilr priority

Post by Griffon123 » Sat Jun 27, 2020 6:27 pm

CR001 wrote:
Sat Jun 27, 2020 6:16 pm
Griffon123 wrote:
Sat Jun 27, 2020 6:12 pm
CR001 wrote:
Sat Jun 20, 2020 6:24 pm
1. You cant.

2. You have to withdraw and reapply and pay again.

3. Usually automatic.

4. You cannot "top up" an existing application. You have to withdraw and reapply and pay again. Refunds can take a few weeks.

There is no indication that the super priority service will be available any time soon.
Hi CR001, I'm now Tier 2(General) which expires in 2023, plan to submit a standard Set(LR) application if priority service is not open next week.
1. If priority is open and I'd like to withdraw the standard application, what is my visa status then? Does it remain as Tier 2 (General), I can stay in the UK and work for my current employer like nothing has ever happened? Since there is a message in your shared link 'You may lose your permission to stay in the UK if you cancel your application'.
2. I followed your link, there is some condition to withdraw an application, i.e. biometrics have not been taken so the application has not been sent to UKVI. Anything else I need to pay attention to?
3. If I reapply (repay) a priority application, will the previous withdraw affect the decision made on the priority application?
Many thanks for your help!!
Please do NOT tag your questions onto other members topics.

Post split and merged with your own topic you already have.
Hi CR001, Thank you for moving this to the suitable place! Sorry I am quite new to the forum.

Griffon123
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Re: Ilr priority

Post by Griffon123 » Sat Jun 27, 2020 6:41 pm

CR001 wrote:
Sat Jun 27, 2020 6:16 pm
Griffon123 wrote:
Sat Jun 27, 2020 6:12 pm
CR001 wrote:
Sat Jun 20, 2020 6:24 pm
1. You cant.

2. You have to withdraw and reapply and pay again.

3. Usually automatic.

4. You cannot "top up" an existing application. You have to withdraw and reapply and pay again. Refunds can take a few weeks.

There is no indication that the super priority service will be available any time soon.
Hi CR001, I'm now Tier 2(General) which expires in 2023, plan to submit a standard Set(LR) application if priority service is not open next week.
1. If priority is open and I'd like to withdraw the standard application, what is my visa status then? Does it remain as Tier 2 (General), I can stay in the UK and work for my current employer like nothing has ever happened? Since there is a message in your shared link 'You may lose your permission to stay in the UK if you cancel your application'.
2. I followed your link, there is some condition to withdraw an application, i.e. biometrics have not been taken so the application has not been sent to UKVI. Anything else I need to pay attention to?
3. If I reapply (repay) a priority application, will the previous withdraw affect the decision made on the priority application?
Many thanks for your help!!
Please do NOT tag your questions onto other members topics.

Post split and merged with your own topic you already have.
Hi CR001, if some of the questions are too generic to give a quick answer, could you please point me to the right place I will definitely have a read. I don't want to waste your time on a long reply. Thank you!!

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Re: Ilr priority

Post by CR001 » Sat Jun 27, 2020 6:57 pm

1. Your status remains tier 3 if you withdraw.

2. Refunds can take a few weeks. Note also that your supporting documents cannot be older than 38 days if you withdraw and resubmit.

3. No.

Remember also, that there is no indication at this stage when priority will be available again. A member posted earlier today or yesterday that they got a decision within 4 days after biomterics using standard service
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Ilr priority

Post by Griffon123 » Sat Jun 27, 2020 7:16 pm

CR001 wrote:
Sat Jun 27, 2020 6:57 pm
1. Your status remains tier 3 if you withdraw.

2. Refunds can take a few weeks. Note also that your supporting documents cannot be older than 38 days if you withdraw and resubmit.

3. No.

Remember also, that there is no indication at this stage when priority will be available again. A member posted earlier today or yesterday that they got a decision within 4 days after biomterics using standard service
Thank you CR001 for the answers. Sorry if i misunderstood something here. In my case SET(LR), supporting documents are two passports (expired and current) and current BRP, they are all older than 38 days already and I don't need to replace my current passport since it will valid for another 8 years. Regarding 2, does it mean if all the three documents are older than 38 days, I won't be able to resubmit an application (submit a same application)?

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Re: Ilr priority

Post by CR001 » Sat Jun 27, 2020 7:17 pm

Ignore that then re 28 days.

Also remember, that even if priority is available, it is not a guaranteed service and you could still end up waiting weeks or months after paying for a second ilr application.
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Re: Ilr priority

Post by Griffon123 » Sat Jun 27, 2020 7:28 pm

CR001 wrote:
Sat Jun 27, 2020 7:17 pm
Ignore that then re 28 days.

Also remember, that even if priority is available, it is not a guaranteed service and you could still end up waiting weeks or months after paying for a second ilr application.
Hi CR001, ahh, that makes sense.

Yep, I think I will submit a standard application anyway. I know it's not possible to oversee the process in these difficult times, I just want to know what I can do and cannot do. Thank you so much for all the valuable answers. Really appreciate it.

Just to make sure, so if I withdraw the standard application at some point, my status remains Tier 2 (General) and I can resubmit a priority application anytime after the withdrawal. Correct?

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Re: Ilr priority

Post by CR001 » Sat Jun 27, 2020 7:48 pm

Your tier 2 status remains unchanged and you can apply at any time again.
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Re: Ilr priority

Post by Griffon123 » Sat Jun 27, 2020 7:57 pm

CR001 wrote:
Sat Jun 27, 2020 7:48 pm
Your tier 2 status remains unchanged and you can apply at any time again.
Thank you so much CR001.

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Re: Ilr priority

Post by Griffon123 » Mon Jun 29, 2020 2:04 pm

If the priority service is open, it is guaranteed to show as an option on the payment page? Are they released on a daily basis and I have to refresh the page regularly to see whether the slots are available.

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Re: Ilr priority

Post by CR001 » Mon Jun 29, 2020 2:07 pm

Griffon123 wrote:
Mon Jun 29, 2020 2:04 pm
If the priority service is open, it is guaranteed to show as an option on the payment page? Are they released on a daily basis and I have to refresh the page regularly to see whether the slots are available.
It only shows if available. The service is still suspended.
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Ilr priority

Post by Griffon123 » Mon Jun 29, 2020 2:18 pm

CR001 wrote:
Mon Jun 29, 2020 2:07 pm
Griffon123 wrote:
Mon Jun 29, 2020 2:04 pm
If the priority service is open, it is guaranteed to show as an option on the payment page? Are they released on a daily basis and I have to refresh the page regularly to see whether the slots are available.
It only shows if available. The service is still suspended.
I see. So it is not always shown on the payment page when it's back. I still have to check and wait if I really want to use priority service.

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Re: Ilr priority

Post by youyuanannie » Mon Jun 29, 2020 4:48 pm

Hi all,

I have already completed my application form and will submit my application in July. I understand there is only one option available right now, i.e. standard, but I am really hoping they can re-open priority services.

If they do re-open, do you think I can see the option automatically on the payment page? I hope I don't need to draft a new application in order to select the priority service.

Many thanks for your help!

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Re: Ilr priority

Post by Paul99 » Mon Jun 29, 2020 4:54 pm

My search & understand,
Yes i think so, supplication you filled will remain 10 weeks of last login.

when they open diff rent types of serivies -options should be there-more than one.

iam also waiting

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Re: Ilr priority

Post by youyuanannie » Tue Jun 30, 2020 9:25 am

Paul99 wrote:
Mon Jun 29, 2020 4:54 pm
My search & understand,
Yes i think so, supplication you filled will remain 10 weeks of last login.

when they open diff rent types of serivies -options should be there-more than one.

iam also waiting
Thank you. Please keep us posted if you have more info. I'll do the same as well.

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