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applying for ILR on Furlough

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

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burcu b
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Joined: Wed Oct 14, 2020 8:42 pm
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applying for ILR on Furlough

Post by burcu b » Thu Nov 05, 2020 12:09 am

Hi,

1) Is it possible to apply to ILR while on Furlough?
(Assuming I will get a letter from my employer mentioning they are happy to employ me for foreseeable future. )

2) I am currently on tier 2, What happens if I get redundant while waiting for the ILR result? Do caseworkers contact company and check if I am still employed by my sponsor?

3) Am I allowed to work for another company while waiting for the ILR result?

these would not be an issue if there was a 1 day premium application available, but as I understand waiting time is a few months at the moment..

ajitu92
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Re: applying for ILR on Furlough

Post by ajitu92 » Thu Nov 05, 2020 12:22 am

burcu b wrote:
Thu Nov 05, 2020 12:09 am
Hi,

1) Is it possible to apply to ILR while on Furlough?
(Assuming I will get a letter from my employer mentioning they are happy to employ me for foreseeable future. )

2) I am currently on tier 2, What happens if I get redundant while waiting for the ILR result? Do caseworkers contact company and check if I am still employed by my sponsor?

3) Am I allowed to work for another company while waiting for the ILR result?

these would not be an issue if there was a 1 day premium application available, but as I understand waiting time is a few months at the moment..
1. Is your employer topping up your salary? If not, do you still meet the ILR income threshold even with reduction in salary due to furlough?

2. Your employer has an obligation to inform the Home Office (through SMS-Sponsor Management System) within 10 days of your last employment date. So, unfortunately that would mean that you would not be able to obtain ILR on the basis of being employed with that sponsor. Caseworkers can contact the employer/sponsor to check as well.

3. No. On Tier 2, you must continue to work for your Tier 2 General sponsor until your ILR is granted, and the ILR BRP is in your hand.
All my posts are my personal opinion based on my reading of the immigration rules and guidance. NOT to be taken as professional/legal advice.

burcu b
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Posts: 18
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Re: applying for ILR on Furlough

Post by burcu b » Thu Nov 05, 2020 12:51 am

they are topping up my salary, so it still meets the threshold.

But I could not find a guidance mentioning that I would be eligible. are there any rules written on government website regarding?

tier2genmisery
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Posts: 101
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Re: applying for ILR on Furlough

Post by tier2genmisery » Thu Nov 05, 2020 9:23 am

ajitu92 wrote:
Thu Nov 05, 2020 12:22 am
burcu b wrote:
Thu Nov 05, 2020 12:09 am
Hi,

1) Is it possible to apply to ILR while on Furlough?
(Assuming I will get a letter from my employer mentioning they are happy to employ me for foreseeable future. )

2) I am currently on tier 2, What happens if I get redundant while waiting for the ILR result? Do caseworkers contact company and check if I am still employed by my sponsor?

3) Am I allowed to work for another company while waiting for the ILR result?

these would not be an issue if there was a 1 day premium application available, but as I understand waiting time is a few months at the moment..
1. Is your employer topping up your salary? If not, do you still meet the ILR income threshold even with reduction in salary due to furlough?

2. Your employer has an obligation to inform the Home Office (through SMS-Sponsor Management System) within 10 days of your last employment date. So, unfortunately that would mean that you would not be able to obtain ILR on the basis of being employed with that sponsor. Caseworkers can contact the employer/sponsor to check as well.

3. No. On Tier 2, you must continue to work for your Tier 2 General sponsor until your ILR is granted, and the ILR BRP is in your hand.
1-what happens if your salary no longer meets the threshold due to furlough pay cut?

2-do they really call the employer? If you could apply via priority service you could get your ILR in 2 days. now because of covid closures it takes months (I think) and during those months you have to keep the same job??

3-agree with your comment there

AmazonianX
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Re: applying for ILR on Furlough

Post by AmazonianX » Thu Nov 05, 2020 9:28 am

tier2genmisery wrote:
Thu Nov 05, 2020 9:23 am
ajitu92 wrote:
Thu Nov 05, 2020 12:22 am
burcu b wrote:
Thu Nov 05, 2020 12:09 am
Hi,

1) Is it possible to apply to ILR while on Furlough?
(Assuming I will get a letter from my employer mentioning they are happy to employ me for foreseeable future. )

2) I am currently on tier 2, What happens if I get redundant while waiting for the ILR result? Do caseworkers contact company and check if I am still employed by my sponsor?

3) Am I allowed to work for another company while waiting for the ILR result?

these would not be an issue if there was a 1 day premium application available, but as I understand waiting time is a few months at the moment..
1. Is your employer topping up your salary? If not, do you still meet the ILR income threshold even with reduction in salary due to furlough?

2. Your employer has an obligation to inform the Home Office (through SMS-Sponsor Management System) within 10 days of your last employment date. So, unfortunately that would mean that you would not be able to obtain ILR on the basis of being employed with that sponsor. Caseworkers can contact the employer/sponsor to check as well.

3. No. On Tier 2, you must continue to work for your Tier 2 General sponsor until your ILR is granted, and the ILR BRP is in your hand.
1-what happens if your salary no longer meets the threshold due to furlough pay cut? HO has provision to consider your remuneration as pre-furlough i.e. 100% of what it used to be.

2-do they really call the employer? If you could apply via priority service you could get your ILR in 2 days. now because of covid closures it takes months (I think) and during those months you have to keep the same job?? No guarantee that employer will be called or not. This is either done on random basis or where there is clear grounds for them to want to clarify your employment details.

3-agree with your comment there

ajitu92
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Re: applying for ILR on Furlough

Post by ajitu92 » Thu Nov 05, 2020 10:02 am

AmazonianX wrote:
Thu Nov 05, 2020 9:28 am
tier2genmisery wrote:
Thu Nov 05, 2020 9:23 am
ajitu92 wrote:
Thu Nov 05, 2020 12:22 am
burcu b wrote:
Thu Nov 05, 2020 12:09 am
Hi,

1) Is it possible to apply to ILR while on Furlough?
(Assuming I will get a letter from my employer mentioning they are happy to employ me for foreseeable future. )

2) I am currently on tier 2, What happens if I get redundant while waiting for the ILR result? Do caseworkers contact company and check if I am still employed by my sponsor?

3) Am I allowed to work for another company while waiting for the ILR result?

these would not be an issue if there was a 1 day premium application available, but as I understand waiting time is a few months at the moment..
1. Is your employer topping up your salary? If not, do you still meet the ILR income threshold even with reduction in salary due to furlough?

2. Your employer has an obligation to inform the Home Office (through SMS-Sponsor Management System) within 10 days of your last employment date. So, unfortunately that would mean that you would not be able to obtain ILR on the basis of being employed with that sponsor. Caseworkers can contact the employer/sponsor to check as well.

3. No. On Tier 2, you must continue to work for your Tier 2 General sponsor until your ILR is granted, and the ILR BRP is in your hand.
1-what happens if your salary no longer meets the threshold due to furlough pay cut? HO has provision to consider your remuneration as pre-furlough i.e. 100% of what it used to be.

2-do they really call the employer? If you could apply via priority service you could get your ILR in 2 days. now because of covid closures it takes months (I think) and during those months you have to keep the same job?? No guarantee that employer will be called or not. This is either done on random basis or where there is clear grounds for them to want to clarify your employment details.

3-agree with your comment there
1- Need to be careful here. Referring to the official coronavirus guidance from the Home Office, the link only explicitly mentions concessions for applications on the basis of family/private life. There is nothing regarding Tier 2 and ILR financial concessions. If someone has another official link/info regarding Tier 2, please do share here. Refer to the below link.
https://www.gov.uk/guidance/coronavirus ... ts#history

2- Correct, there is no guarantee, and it is up to the caseworker. There is nothing stopping them from doing it and they do indeed do it from time to time. Yes, you have to keep the same job as that is the basis on which you are applying for ILR!
All my posts are my personal opinion based on my reading of the immigration rules and guidance. NOT to be taken as professional/legal advice.

burcu b
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Posts: 18
Joined: Wed Oct 14, 2020 8:42 pm
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Re: applying for ILR on Furlough

Post by burcu b » Thu Nov 05, 2020 12:07 pm

is there an official document that states I can apply while on Furlough?

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CULLINAN
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Re: applying for ILR on Furlough

Post by CULLINAN » Thu Nov 05, 2020 12:53 pm

burcu b wrote:
Thu Nov 05, 2020 12:09 am
Hi,

1) Is it possible to apply to ILR while on Furlough?
(Assuming I will get a letter from my employer mentioning they are happy to employ me for foreseeable future. )

2) I am currently on tier 2, What happens if I get redundant while waiting for the ILR result? Do caseworkers contact company and check if I am still employed by my sponsor?

3) Am I allowed to work for another company while waiting for the ILR result?

these would not be an issue if there was a 1 day premium application available, but as I understand waiting time is a few months at the moment..
BTW furlough is extended till March 2021.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

tier2genmisery
Member
Posts: 101
Joined: Mon Jun 19, 2017 1:16 am

Re: applying for ILR on Furlough

Post by tier2genmisery » Thu Nov 05, 2020 1:31 pm

CULLINAN wrote:
Thu Nov 05, 2020 12:53 pm
burcu b wrote:
Thu Nov 05, 2020 12:09 am
Hi,

1) Is it possible to apply to ILR while on Furlough?
(Assuming I will get a letter from my employer mentioning they are happy to employ me for foreseeable future. )

2) I am currently on tier 2, What happens if I get redundant while waiting for the ILR result? Do caseworkers contact company and check if I am still employed by my sponsor?

3) Am I allowed to work for another company while waiting for the ILR result?

these would not be an issue if there was a 1 day premium application available, but as I understand waiting time is a few months at the moment..
BTW furlough is extended till March 2021.
Yeah I just heard that --- it is crazy
Do we know whether someone can be furloughed and unfurloughed multiple times during the same lockdown?

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CULLINAN
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Re: applying for ILR on Furlough

Post by CULLINAN » Thu Nov 05, 2020 1:32 pm

Why not?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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klownking
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Re: applying for ILR on Furlough

Post by klownking » Thu Nov 05, 2020 1:47 pm

I don't know is it related or not. But in my company, many employees got furloughed and unfurloughed at least 3 times. I don't see any issue with that process.

tier2genmisery
Member
Posts: 101
Joined: Mon Jun 19, 2017 1:16 am

Re: applying for ILR on Furlough

Post by tier2genmisery » Thu Nov 05, 2020 2:30 pm

klownking wrote:
Thu Nov 05, 2020 1:47 pm
I don't know is it related or not. But in my company, many employees got furloughed and unfurloughed at least 3 times. I don't see any issue with that process.
Yes - I believe that was the case in the first furlough in Spring.
I'm not sure if the same will apply this time. Do you guys have any link to docs that explains this in more detail? Maybe people can ask their employers to unfurlough them temporarily so that they can apply for ILR without having to deal with extra furlough docs and processing times..

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CULLINAN
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Re: applying for ILR on Furlough

Post by CULLINAN » Thu Nov 05, 2020 2:32 pm

tier2genmisery wrote:
Thu Nov 05, 2020 2:30 pm
klownking wrote:
Thu Nov 05, 2020 1:47 pm
I don't know is it related or not. But in my company, many employees got furloughed and unfurloughed at least 3 times. I don't see any issue with that process.
Yes - I believe that was the case in the first furlough in Spring.
I'm not sure if the same will apply this time. Do you guys have any link to docs that explains this in more detail? Maybe people can ask their employers to unfurlough them temporarily so that they can apply for ILR without having to deal with extra furlough docs and processing times..
Please do not hijack someone else’s topic. Best to start your own topic.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

burcu b
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Posts: 18
Joined: Wed Oct 14, 2020 8:42 pm
United Kingdom

Re: applying for ILR on Furlough

Post by burcu b » Thu Nov 05, 2020 4:12 pm

CULLINAN wrote:
Thu Nov 05, 2020 2:32 pm
tier2genmisery wrote:
Thu Nov 05, 2020 2:30 pm
klownking wrote:
Thu Nov 05, 2020 1:47 pm
I don't know is it related or not. But in my company, many employees got furloughed and unfurloughed at least 3 times. I don't see any issue with that process.
Yes - I believe that was the case in the first furlough in Spring.
I'm not sure if the same will apply this time. Do you guys have any link to docs that explains this in more detail? Maybe people can ask their employers to unfurlough them temporarily so that they can apply for ILR without having to deal with extra furlough docs and processing times..
Please do not hijack someone else’s topic. Best to start your own topic.
Actually it is not hijack, I would be interested in hearing the answer, which could be helpful in my case. :)

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seagul
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Re: applying for ILR on Furlough

Post by seagul » Thu Nov 05, 2020 4:20 pm

burcu b wrote:
Thu Nov 05, 2020 4:12 pm


Actually it is not hijack, I would be interested in hearing the answer, which could be helpful in my case. :)
If you can't find any temporary concession corresponding to your query/circumstances at the below link, then it would mean that you will still have to comply with all requirement as defined in the guidance.

https://www.gov.uk/government/latest?de ... mmigration
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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CR001
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Re: applying for ILR on Furlough

Post by CR001 » Thu Nov 05, 2020 6:09 pm

@burcu b why are you posting under two different usernames? This is strictly prohibited on the forum.

member/tier2genmisery/

announcements/multiple-member-id-s-t11811.html
Administrator wrote:
Fri Dec 01, 2006 2:46 pm
.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin
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.

burcu b
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Re: applying for ILR on Furlough

Post by burcu b » Fri Nov 06, 2020 9:13 am

CR001 wrote:
Thu Nov 05, 2020 6:09 pm
@burcu b why are you posting under two different usernames? This is strictly prohibited on the forum.

member/tier2genmisery/

announcements/multiple-member-id-s-t11811.html
Administrator wrote:
Fri Dec 01, 2006 2:46 pm
.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin
lol. we are not the same people! :)

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