Application for ILR (o) during work redundancy threat

[kamsa_2023]

Hi all,

My tier 2 BRP starting date in 2018 is 5th September 2018.

My Original plan was to apply for my ILR (o) in August 2023, but my work recently made me redundant and confirmed verbally that my last day is 31st July 2023 (still waiting for the confirmation email from the HR).

As I am only missing just 8 days before my ILR application date, I will try my best to convince my employer about keeping me for additional time to buy myself more time until my ILR gets approved.

I already have the employment letter with the 'foreseeable future' stated clearly in the PDF and I am good to submit my ILR application on 8th August 2023 using 1 day super priority service.

I have spoken to a trustable resource and he confirmed that the Home Office will check if I am employed for both dates <ILR application date & ILR decision date>

Using the assumption that my employer has not informed the Home Office about my last working day in the company until my ILR (o) has been approved, would it qualify all my requirements? I just wanted to ask if anyone knows anything about how the home office's visa sponsor checking on ILR decision date works please?

Last but not least, this is my first time that my employer is making someone who is about to submit her ILR (o) application redundant. As the company previously made someone who is on a visa sponsor redundant and she still had few years to go before her ILR (o) application date, employer informed the Home Office so that her tier 2 visa gets curtailed.

Once my ILR (o) gets approved, I want to educate my employer that they don't have to inform anything to the Home Office. Where can I find this information so that I can pass this to my employer please? A legal binding statement / official guideline from the government website page would be beneficial for my case.

Just for your information, I did consider about using my tier 2 application date and count the earliest date for my ILR application date and also considered submitting ILR (o) application in mid-end of July and attend biometric on 8th August. So if you have similar experiences about getting redundant just before you submit your ILR (o) application, please do kindly share with me on your great tips.


Thanks a lot for all your ideas and support in advance.

[zimba]

You cannot haggle your way out of the immigration system. No one can tell you what the UKVI internal procedures are. However, the UKVI very likely seeks to verify your employment status with your sponsor. Also, note that your employer letter must be dated within 28 days of applying for ILR so an old letter cannot be used.

[Frontier Mole]

As part of your ILR under the worker route application your employer has to confirm in writing you remain employed and Will CONTINUE to be employed in the same role. So that would suggest you will have issues regardless of whatever your thought process might be.

[Djsuccess]

Hi all,

My tier 2 BRP starting date in 2018 is 5th September 2018.

My Original plan was to apply for my ILR (o) in August 2023, but my work recently made me redundant and confirmed verbally that my last day is 31st July 2023 (still waiting for the confirmation email from the HR).

As I am only missing just 8 days before my ILR application date, I will try my best to convince my employer about keeping me for additional time to buy myself more time until my ILR gets approved.

I already have the employment letter with the 'foreseeable future' stated clearly in the PDF and I am good to submit my ILR application on 8th August 2023 using 1 day super priority service.

I have spoken to a trustable resource and he confirmed that the Home Office will check if I am employed for both dates <ILR application date & ILR decision date>

Using the assumption that my employer has not informed the Home Office about my last working day in the company until my ILR (o) has been approved, would it qualify all my requirements? I just wanted to ask if anyone knows anything about how the home office's visa sponsor checking on ILR decision date works please?

Last but not least, this is my first time that my employer is making someone who is about to submit her ILR (o) application redundant. As the company previously made someone who is on a visa sponsor redundant and she still had few years to go before her ILR (o) application date, employer informed the Home Office so that her tier 2 visa gets curtailed.

Once my ILR (o) gets approved, I want to educate my employer that they don't have to inform anything to the Home Office. Where can I find this information so that I can pass this to my employer please? A legal binding statement / official guideline from the government website page would be beneficial for my case.

Just for your information, I did consider about using my tier 2 application date and count the earliest date for my ILR application date and also considered submitting ILR (o) application in mid-end of July and attend biometric on 8th August. So if you have similar experiences about getting redundant just before you submit your ILR (o) application, please do kindly share with me on your great tips.


Thanks a lot for all your ideas and support in advance.

Sorry to hear about this. Unfortunately, your options are limited. An option would have been to negotiate with your employer to keep you for some months and explain that you are only a few days short of qualifying for your ILR. Keeping you for maybe 6 month might allow them to be able to issue you all the necessary documents to support your application. But again, there is no guarantee that they would do that for you, as it might easily be taken as deceit. They can’t just keep you for the purpose of ILR and make you redundant afterward. They will need to confirm that you are employed and would still be needed for the foreseeable future. You will not meet the foreseeable future part of the requirements. So your best option will be to look for another sponsor immediately.
I am not sure if you can apply to change sponsor and vary it to ILR.

[kamsa_2023]

Hi all,

Thanks for your comments.
Especially the last person whose nickname is Djsuccess. Your words are very thoughtful.

I have managed to get all the documents from my tier 2 sponsor and got my ILR approved last week.
And got my BRP delivered.

I am still upset that my employer made me redundant when I still needed them bit longer for my ILR application, but at the same time, I feel grateful that my redundancy happened when it was so close to my ILR application due date.

Additionally, the penalty charge from the employer side for the remaining fee if employee was to resign before the tier 2 BRP ending date has been waived off for my case, which is a brilliant outcome.

Thanks again!

[AmazonianX]

Hi all,

Thanks for your comments.
Especially the last person whose nickname is Djsuccess. Your words are very thoughtful.

I have managed to get all the documents from my tier 2 sponsor and got my ILR approved last week.
And got my BRP delivered.

I am still upset that my employer made me redundant when I still needed them bit longer for my ILR application, but at the same time, I feel grateful that my redundancy happened when it was so close to my ILR application due date.

Additionally, the penalty charge from the employer side for the remaining fee if employee was to resign before the tier 2 BRP ending date has been waived off for my case, which is a brilliant outcome.

Thanks again!

Congratulations

[Djsuccess]

Hi all,

Thanks for your comments.
Especially the last person whose nickname is Djsuccess. Your words are very thoughtful.

I have managed to get all the documents from my tier 2 sponsor and got my ILR approved last week.
And got my BRP delivered.

I am still upset that my employer made me redundant when I still needed them bit longer for my ILR application, but at the same time, I feel grateful that my redundancy happened when it was so close to my ILR application due date.

Additionally, the penalty charge from the employer side for the remaining fee if employee was to resign before the tier 2 BRP ending date has been waived off for my case, which is a brilliant outcome.

Thanks again!

Congratulations

[mickeyj18]

Hi all,

Thanks for your comments.
Especially the last person whose nickname is Djsuccess. Your words are very thoughtful.

I have managed to get all the documents from my tier 2 sponsor and got my ILR approved last week.
And got my BRP delivered.

I am still upset that my employer made me redundant when I still needed them bit longer for my ILR application, but at the same time, I feel grateful that my redundancy happened when it was so close to my ILR application due date.

Additionally, the penalty charge from the employer side for the remaining fee if employee was to resign before the tier 2 BRP ending date has been waived off for my case, which is a brilliant outcome.

Thanks again!

Q: Were you able to get the requisite documents from the employer who made you redundant or you found a new job/ sponsor?

I am in a similar situation as you and my employer has refused to issue the letter; as I am serving the notice period right now.

[meself2]

OP wasn't on the forum for 3 months at this point.