Resign after submitting ILR set(LR) application

[Toastedcrumpet]

Hello, I got some questions with ilr application. I entered uk on Oct 2012 and left on 30/08/2013 before the visa was expired on 31/01/2014. Then I applied visa on 14/02/2014 out of uk and got approved on 04/03/2014. The start date on the visa is 04/03/2014 but I entered uk on 17/03/2014.
- Now I’m over 10 years in uk but I’m confused with the period between 30/08/2013 and 17/03/2014. Does this count as discontinuous as they are over 184 days? It’s only over a few days. Is it possible to provide explanation and explain the reason to get it approved?
- if I have to restart to count 10 years from 2014, do I start from the visa issued date 04/03/2014 or entry date 17/03/2014? I know it’s only a few days but if I can start my application earlier then I could possibly get approved and start a new job earlier

[Toastedcrumpet]

I’m currently on tier 2 and will be eligible for 10 yrs route ilr. Is it risky to resign from current job after submitting set (lr) application? Does the immigration law require ilr 10 yrs route applicant has to be employed? Cause the application could take months to complete, the notice period of my current job is 3 months, it will take ages for me to leave this job after ilr is granted. If I left my job after submitting ilr application but before ilr is granted, would ukvi refuse my application just because I quit my job?

[CR001]

Is it risky to resign from current job after submitting set (lr) application?

Not really.

Does the immigration law require ilr 10 yrs route applicant has to be employed?

No. The rules require that you meet all the requirements of the visas you have held.

Cause the application could take months to complete, the notice period of my current job is 3 months, it will take ages for me to leave this job after ilr is granted. If I left my job after submitting ilr application but before ilr is granted, would ukvi refuse my application just because I quit my job?

Unlikely.

Please just remember that until your ILR is granted, you will not be able to ANY work for any other employer, full time or part time.

[CR001]

- Now I’m over 10 years in uk but I’m confused with the period between 30/08/2013 and 17/03/2014. Does this count as discontinuous as they are over 184 days? It’s only over a few days. Is it possible to provide explanation and explain the reason to get it approved?

If you have ANY absence of 180 days or more in the 10 years, then your clock resets on the date you returned. UKVI do not exercise discretion regarding this, so no, an explanation would be pointless.

- if I have to restart to count 10 years from 2014, do I start from the visa issued date 04/03/2014 or entry date 17/03/2014? I know it’s only a few days but if I can start my application earlier then I could possibly get approved and start a new job earlier

Your qualifying period starts on the date you ENTERED the UK in 2014. Your initial visa issue date is irrelevant.

Topics merged, please keep all ILR questions in one topic, this one!!

[Toastedcrumpet]

Thanks for prompt response. Following up question, I’m confused with the validity of my tier 2 visa after handing notice. My tier 2 visa will expire till 2026. If I hand my notice now, the notice period is 3 months, does that mean my visa will be curtailed after 3 months? I remember ukvi will give further 60 days period after resignation. Does that mean my current visa will be valid for 3 months+60 days from now? If I choose to submit ilr application on next Feb, I assume there shouldn’t be any issue affecting ilr 10 yrs route application?

[CR001]

I’m confused with the validity of my tier 2 visa after handing notice. My tier 2 visa will expire till 2026. If I hand my notice now, the notice period is 3 months, does that mean my visa will be curtailed after 3 months?

Once you leave your employment, your Sponsor must inform UKVI within 10 days. Curtailment letters can take a while to get sent out. The curtailment starts from the UKVI notification, NOT from the date of your last employment.

I remember ukvi will give further 60 days period after resignation.

This is NOT correct. Where did you 'hear' this?

Does that mean my current visa will be valid for 3 months+60 days from now?

No. See my first point.

If I choose to submit ilr application on next Feb, I assume there shouldn’t be any issue affecting ilr 10 yrs route application?

No there shouldn't be provided you meet all the ILR LR requirements. Plan accordingly to support yourself financially as you will not be able to work once you leave your job.

[vinny]

What will you do if the ILR decision is delayed for months or years or refused? Why rush to impose work restrictions on yourself in the middle of a cost of living crisis? Why not hand in your notice after being granted ILR?

[Toastedcrumpet]

Good question, I’ve had enough in my job and want to leave asap. If there’s delay on ilr application I need to stick with the current job for months. If I quit after application I can at least get a break. If I’m legally and continuously living here for 12 years, what other reasons could they reject my application?

[Toastedcrumpet]

One more question, I noticed short term study visa is not counted for 10 years ILR application now. I had a BRP before, it was only valid for 6 months, but the type of permit says T4 GENERAL STUDENT. I assume that is not short term study visa? For some reason the university could only help me to apply for that BRP cause it was the last few months for my phd thesis viva, and then I changed to T2 before that one expired.

[vinny]

Unfortunately, caseworkers have been known to misinterpret the rules. Hence, they had removed a right of appeal for many categories and retrospectively changed the rules to suit their misunderstanding.

So, it may not be in your best interests to voluntarily put yourself out of work before a decision?

[Toastedcrumpet]

Really?! That’s a shame. Did they not take any responsibility if misinterpreted the rules? Is there any consequence for case workers if they made wrong decision on the application? Thanks for the explanation though. I may need to reconsider this

[AmazonianX]

Really?! That’s a shame. Did they not take any responsibility if misinterpreted the rules? If complaint lodge then it may be reconsidered and changed but the pyblic not aware of any consequence to CW as you put it. Is there any consequence for case workers if they made wrong decision on the application? Thanks for the explanation though. I may need to reconsider this

Like burden of proof, the burden of suffering (time, fees, lost opportunities etc) for wrong decision is also born by applicants and or their loved ones.

[Toastedcrumpet]

I’m still a bit confused on which day my employer will send letter to UKVI for curtailing my work visa. For example, if I hand notice today, the notice period is 3months, does it mean they will send letter to UKVI on 07/03/2024 (after 3 months from today)?

[CR001]

I’m confused with the validity of my tier 2 visa after handing notice. My tier 2 visa will expire till 2026. If I hand my notice now, the notice period is 3 months, does that mean my visa will be curtailed after 3 months?

Once you leave your employment, your Sponsor must inform UKVI within 10 days. Curtailment letters can take a while to get sent out. The curtailment starts from the UKVI notification, NOT from the date of your last employment.

I already answered this!!

[Toastedcrumpet]

You said when I leave my employment, but which day does it count as leaving date? Is it the day I handed my notice, or the date after notice period is complete? If I hand notice today, notice period is 3 months, which day is counted as leaving day? Are they going to send letter today to UKVI or the date after 3 months from today?

[CR001]

Not sure what is unclear? I have clearly said DATE YOU LEAVE YOUR EMPLOYMENT. The key word is leave, ie having left your job. Nowhere did i say or indicate when you give notice as when you work your notice, you are still employed by the sponsor.

They also dont send a letter to ukvi. They update it in the digital SMS system. They have to do this within 10 days after you LEAVE your job.

[zimba]

You said when I leave my employment, but which day does it count as leaving date? Is it the day I handed my notice, or the date after notice period is complete? If I hand notice today, notice period is 3 months, which day is counted as leaving day? Are they going to send letter today to UKVI or the date after 3 months from today?

The date you leave your job is the date recorded on your P45 as your employment termination date. Your notice date is irrelevant. This is self-explanatory

[kirukiru]

Really?! That’s a shame. Did they not take any responsibility if misinterpreted the rules? Is there any consequence for case workers if they made wrong decision on the application? Thanks for the explanation though. I may need to reconsider this

why not apply for priority or super priority ILR SET LR.. decision within a week .. or did i misread something ?

[meself2]

Really?! That’s a shame. Did they not take any responsibility if misinterpreted the rules? Is there any consequence for case workers if they made wrong decision on the application? Thanks for the explanation though. I may need to reconsider this

why not apply for priority or super priority ILR SET LR.. decision within a week .. or did i misread something ?

It's not guaranteed.

[kirukiru]

Really?! That’s a shame. Did they not take any responsibility if misinterpreted the rules? Is there any consequence for case workers if they made wrong decision on the application? Thanks for the explanation though. I may need to reconsider this

why not apply for priority or super priority ILR SET LR.. decision within a week .. or did i misread something ?

It's not guaranteed.

yea but better than waiting for months... your application may be looked at least in 5 days and even if not approved.. you get the refund