Changing Jobs and start date for new job to be eligible for ILR

[mastidl]

Hi,

I am on general tier-2 visa and I would like to change job with different employer. I would like to know when should I start for the new employer to be eligible for the ILR from below details.

On COS, work start dates: 20 May 2019
end dates: 19 May 2022
but there is a sponsor note on COS as : The employment dates should be 1 July 2019 to 30 June 2022.
so I believe the start date will be 1 Jul 2019.

My visa is valid from 20 Jun 2019 and expiry date on BRP is 14 Jul 2022.
I have arrived in the UK on 28 Jun 2019 and started working from 1 Jul 2019.

As I have 4 more months for the visa expiry, I am planning to change jobs and I also got the offer in hand. Now I have to resign by serving 3 months notice period and need to confirm the start date for the new employer.
Now my question is which day will be considered for ILR calculation.

Thank you very much in advance.

[zimba]

ILR is based on 5 years of continuous and lawful residence, so your starting/COS date is irrelevant. Your ILR qualifying period starts from the first visa issue date. You may change sponsors and as long as you have no visa breaks, you may apply for ILR within 28 days of completing the 5 years. So make sure you apply for a new Skilled Worker visa before the current visa expiry

[mastidl]

ILR is based on 5 years of continuous and lawful residence, so your starting/COS date is irrelevant. Your ILR qualifying period starts from the first visa issue date. You may change sponsors and as long as you have no visa breaks, you may apply for ILR within 28 days of completing the 5 years. So make sure you apply for a new Skilled Worker visa before the current visa expiry

Thank you very much for the reply.

I just noticed that I have different date on my BRP which is 13 Jun 2019 but my visa validity date starts from 20 Jun 2019. So in this case which date will be considered for the ILR calculation ? is it 13 Jun or 20 Jun 2019 ?

sorry for asking same thing again and thank you.

[zimba]

The earliest date on a document you have been issued

[mastidl]

The earliest date on a document you have been issued

so 13 Jun 2019 it will be then. Thank you very much.

[mastidl]

The earliest date on a document you have been issued

one more question regarding the visa expiry date for ILR ? do I need to have 5 years visa for sure even though I apply 28 days before ?

my ILR calculation start date is 13 Jun 2019 and 5 years will be completed by 12 Jun 2024. will I be eligible to apply for ILR if my visa expires before 13 Jun 2024 and will I be granted ILR ?

sorry for silly questions, I just trying to figure out my joining date for the new employer because I am going for 2 years extension as I already completing 3 years with current visa.

Thank you

[zimba]

No. You do not need 5 years worth of visa

[mastidl]

No. You do not need 5 years worth of visa

thank you very much for the reply.

[mastidl]

ILR is based on 5 years of continuous and lawful residence, so your starting/COS date is irrelevant. Your ILR qualifying period starts from the first visa issue date. You may change sponsors and as long as you have no visa breaks, you may apply for ILR within 28 days of completing the 5 years. So make sure you apply for a new Skilled Worker visa before the current visa expiry

Regarding the visa breaks, I need little bit more info.
I am planning to change jobs and going for new visa with new employer. My visa valid till 14 Jul 2022 . My 3 months notice period ends on 30 Jun 2022 and new job starts on 4 Jul 2022. If my new visa starts on 4 Jul, will there be problem for the ILR ? is this considered as visa break ?

Should the visa must starts on 1 Jul 2022 even though Job start date is 4 Jul 2022.

thanks

[zimba]

A lawful residence break is when you have no valid visa. This has nothing to do with your employment periods

[mastidl]

A lawful residence break is when you have no valid visa. This has nothing to do with your employment periods

Thank you for the reply. My doubt was will my visa expires with my notice period i.e. 30 Jun or is it valid till 14 Jul 2022 even I don't have a job. Because when I searched online I found out that my company will inform the Home office about my resignation and also withdraw the sponsorship 10 days prior to my last working day. The sponsorship will be valid till my last working day i.e. 30 Jun.

Sorry for silly questions.

[CR001]

A lawful residence break is when you have no valid visa. This has nothing to do with your employment periods

Thank you for the reply. My doubt was will my visa expires with my notice period i.e. 30 Jun or is it valid till 14 Jul 2022 even I don't have a job. Because when I searched online I found out that my company will inform the Home office about my resignation and also withdraw the sponsorship 10 days prior to my last working day. The sponsorship will be valid till my last working day i.e. 30 Jun.

Sorry for silly questions.

Your visa is valid until the expiry date on your BRP.

You have misread and misunderstood your employers duties. They are only required to inform UKVI that you are no longer employed within 10 days AFTER your last date of employment.

[mastidl]

Hi,

I have one questions regarding the ILR application. I am changing jobs and I am about to complete 3 years on Tier-2 visa and skilled worker visa for 2 years is already under processing.

I went to my home country for visit of 20 days for 2 times but I took annual leave for only 1 time and 2nd time I was working from home with this employer.

Now my question is, do I need to get a letter from my current employer regarding my absence(s) for the ILR application because my notice period with current employer ends in a month and it will be difficult for me to get a letter after that even though my ILR eligibility is after 2 years.

Please suggest.
Thanks

[zimba]

No there is no need