Set LR (10 years) query - loss of employment

[jrs1984]

Hi,

Asking on behalf of my spouse -

Current situation - I am on ILR (via Set LR route), eligible to apply for BC in Jan'24. Kids are BC.

Spouse - She came to UK on 26th March 2014 and has been living legally since. She is on route to 10 year Set LR route by Feb'24 end (28 days prior to landing date). Among all the different Visas she has been here (with continuity maintained), she is currently on PBS visa since last year with current validity until '24 end. We were hoping that she can continue on this visa for 3 more months and go for Set LR.
However, she received a grim hint from her employer this morning that she along with others may be terminated by end of month (after 4 weeks), roughly Dec'23 end I am assuming for now.

Query - I understand that once here PBS employment is terminated, UKVI issues a letter curtailing her visa to be in UK for next 60 days from letter date. Worst case assumption that if that happens by Dec'23 end, can she use these 60 days grace period to reach her Set LR 10 year route completion (Feb'24 end) and then directly apply for ILR? Or, do we have to create some interim measure for those 2 months (Jan'24-Feb'24)?

I know she cannot work until then, but that is not our worry for time being.

Thanks.

[CR001]

Curtailment letters are NOT sent out immdeiatley by UKVI. They take a while.

The employer has to inform ukvi within 10 days of your wifes last date of employment that they are withdrawing sponsorship and no longer sponsoring your wifes work visa.

[jrs1984]

Thank you so much for the reply.

Question is when it does, and when she is in "grace period" of visa curtailment when the letter is received - can that grace period be counted towards 10 year Set LR (Feb'24)?

[CR001]

She will still have the same visa, it willl just be shortened in duration.

It isnt a "grace period" as such. Grace pwriod would imply she doesn't have a visa.

[jrs1984]

Thank you so much again for a prompt response.