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Working full time while ILR pending

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

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sarabaksa
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Working full time while ILR pending

Post by sarabaksa » Wed Sep 02, 2020 12:55 pm

Dear experts,

I am hoping you can help.

I am currently on tier 2 leave to remain with a sponsor A.

I have recently submitted application for indefinite leave to remain based on long residence. I think it will take a long time to get result due to covid situation.

I am now looking to move job and they can sponsor tier 2 visa if required.

My question is:
How does sponsor switching works in this situation? Do I need sponsor B to give me tier 2 visa at all while ILR result is pending?

Many thanks for your help!

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CR001
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Re: Working full time while ILR pending

Post by CR001 » Wed Sep 02, 2020 1:04 pm

How does sponsor switching works in this situation?

While your ILR application is pending, you can only work for your tier 2 sponsor. You cannot work for another employer yet.
Do I need sponsor B to give me tier 2 visa at all while ILR result is pending?
If you want to change employers or sponsors, yes you need to apply for a new tier 2 change of employer visa with a CoS and meet all the requirements. This will also invalidate your ILR application. You cannot have two pending applications at the same time with UKVI.
Char (CR001 not Casa)
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sarabaksa
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Posts: 19
Joined: Thu Aug 06, 2020 9:44 pm
Korea South

Re: Working full time while ILR pending

Post by sarabaksa » Thu Sep 03, 2020 1:44 pm

CR001 wrote:
Wed Sep 02, 2020 1:04 pm
How does sponsor switching works in this situation?

While your ILR application is pending, you can only work for your tier 2 sponsor. You cannot work for another employer yet.
Do I need sponsor B to give me tier 2 visa at all while ILR result is pending?
If you want to change employers or sponsors, yes you need to apply for a new tier 2 change of employer visa with a CoS and meet all the requirements. This will also invalidate your ILR application. You cannot have two pending applications at the same time with UKVI.

Given the situation will delay my ILR result, I'm thinking about withdrawing my ILR application and asking sponsor B to submit Tier 2 application for me. Do I have to withdraw ILR application before they submit Tier 2 application?

Or is there any way that I can put my ILR application on hold? The application fee is a lot so I hope to see if I have an alternative option.

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CR001
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Re: Working full time while ILR pending

Post by CR001 » Thu Sep 03, 2020 1:46 pm

Do I have to withdraw ILR application before they submit Tier 2 application?
Yes. Is your tier 2 still valid or has it expired?
Or is there any way that I can put my ILR application on hold?
No.
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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seagul
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Re: Working full time while ILR pending

Post by seagul » Thu Sep 03, 2020 1:49 pm

sarabaksa wrote:
Thu Sep 03, 2020 1:44 pm




Or is there any way that I can put my ILR application on hold? The application fee is a lot so I hope to see if I have an alternative option.
Two applications can't run concurrently and before withdrawing make sure to have surplus leave.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

sarabaksa
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Posts: 19
Joined: Thu Aug 06, 2020 9:44 pm
Korea South

Re: Working full time while ILR pending

Post by sarabaksa » Thu Sep 03, 2020 1:58 pm

seagul wrote:
Thu Sep 03, 2020 1:49 pm
sarabaksa wrote:
Thu Sep 03, 2020 1:44 pm




Or is there any way that I can put my ILR application on hold? The application fee is a lot so I hope to see if I have an alternative option.
Two applications can't run concurrently and before withdrawing make sure to have surplus leave.
Okay, thanks a lot. I will withdraw my ILR. I received an email saying I am eligible to use biometric app but I haven't yet been able to use it (not available to me yet, so I didn't submit anything on the app).

I see on this website that I can cancel immigration and get a full refund, does this apply to ILR long residence too? https://www.gov.uk/cancel-visa

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seagul
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Re: Working full time while ILR pending

Post by seagul » Thu Sep 03, 2020 2:01 pm

sarabaksa wrote:
Thu Sep 03, 2020 1:58 pm
seagul wrote:
Thu Sep 03, 2020 1:49 pm
sarabaksa wrote:
Thu Sep 03, 2020 1:44 pm




Or is there any way that I can put my ILR application on hold? The application fee is a lot so I hope to see if I have an alternative option.
Two applications can't run concurrently and before withdrawing make sure to have surplus leave.
Okay, thanks a lot. I will withdraw my ILR. I received an email saying I am eligible to use biometric app but I haven't yet been able to use it (not available to me yet, so I didn't submit anything on the app).

I see on this website that I can cancel immigration and get a full refund, does this apply to ILR long residence too? https://www.gov.uk/cancel-visa
Yes
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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