ILR Application with only one month extra time

[Leoudayan]

Hi everyone,

I am in the process of applying for my ILR. By the 6th June 2024, I would've completed my 5th year in the UK on skilled worker visa. However, I worked from my home in India for my UK employer while on skilled worker visa on 3 different occasions for a period of 170 days (during covid lockdown), 127 days (Including paternal leave + annual leave) and 147 days (due to personal reasons) respectively. I made sure that I did not cross the 180 days limit in a rolling basis. So, based on the 180 day rule, I am eligible to apply. But the part I am confused is, I spent more time working from home for the UK employer on skilled worker visa. I went through the ILR guide in the UK government website and nowhere it says that I should not work from home. But I am still confused and worried that my ILR application might be rejected. Have anyone worked from home for extensive periods while still being under 180 days rolling period thing and got their ILR? Your reply will help me a lot. Please help _/\_

[zimba]

This will have no effect on your ILR as long as you have a proper employer letter: All you need to know about the sponsor letter for Skilled Worker route

[Leoudayan]

Thanks Zimba! Your reply is a relief to me!

[Leoudayan]

Hi,

I received my first BRP dated from 05-06-2019 to 14-01-2024 and my second BRP dated from 01-01-2024 to 12-07-2024. My current work contract ends on 30-06-2024. Technically, I complete my 5th year on 05-06-2024. However, I only have around 39 extra days on my current visa, and I am still attending interviews for my next job.

If I don't secure a job in time and proceed to apply for my ILR with a letter from my current employer stating that I am needed for an additional 25 days, will my ILR application be approved if I apply via the 5-day priority route?

Or should I wait till I get a job and apply for the ILR? Please Help

[zimba]

Please refrain from starting new posts for your application. Also, did you read the link I gave you above?
The ILR rules require the sponsor to say that you will be needed for the foreseeable future !!!
If not, you cannot get ILR. Getting ILR is not about just hitting the 5-year mark

[Leoudayan]

Hi Zimba,

Oops sorry, in this case, I will wait till I get my interview results.

[zimba]

Hi Zimba,

Oops sorry, in this case, I will wait till I get my interview results.

You will need to change your sponsor, get a new skilled worker visa and work for the new sponsor for at least a month before you can aim for ILR

[Leoudayan]

Ah okie got it. At the moment I am waiting for three interview results. 2 from my current employer and 1 from the other. Fingers crossed.

[Leoudayan]

Hi @zimba, I got a permanent job offer from an another company and waiting to hear from my own employer next week.

My current visa expires on July 14th and my current contract with my employer ends on June 30th. Lets say I get a new role in the same company I am working now and it starts from July 10. Can I still apply for ILR? as it is with the same employer but 10 days break is there?

[zimba]

Hi zimba, I got a permanent job offer from an another company and waiting to hear from my own employer next week.

My current visa expires on July 14th and my current contract with my employer ends on June 30th. Lets say I get a new role in the same company I am working now and it starts from July 10. Can I still apply for ILR? as it is with the same employer but 10 days break is there?

No. A new role requires you to be assigned a new SOC, so you must apply for a new visa. However if you remain in your current role (your contract is extended), then your employment is unchanged and you can apply for ILR directly

[Leoudayan]

Thanks for the reply Zimba.

In this case, I will apply for a new skilled worker visa. But Is it possible for the employer to give 6 months or 1 year CoS for a permanent role? or minimum 3 years is required? Because I dont want to pay NHS fees for 3 years as I have already paid for past 5 years.

[zimba]

This depends on the end date of of your COS

[Leoudayan]

Ok thanks. Will keep you posted what I do.

[Leoudayan]

Zimba bro I think you are wrong about the SOC thing.

As you know, I was in a SOC for 5 years and when I am about to apply for ILR, I got a permanent contract on a different SOC. You advised me to get skilled worker visa first but I believed I don't have to do it. So, I decided to proceed with my ILR (5 days priority) and got my ILR without any issues. Thanks for all your help.

[zimba]

Zimba bro I think you are wrong about the SOC thing.

As you know, I was in a SOC for 5 years and when I am about to apply for ILR, I got a permanent contract on a different SOC. You advised me to get skilled worker visa first but I believed I don't have to do it. So, I decided to proceed with my ILR (5 days priority) and got my ILR without any issues. Thanks for all your help.

Well that is quite lucky
Being assigned a new SOC by another sponsor does not matter. SOC is issued so you can go and secure a new visa because without a new visa, you could have not started work for the other employer and UKVI will not grant ILR just because you have been assigned an SOC, hence my advice above.

So you did not change your sponsor at all but it seems you used your the soon to be ex-employer's payslips and got lucky because UKVI did not check with them that you are needed for the foreseeable future. If they did, your ILR would have been very likely refused

[Leoudayan]

I think you understood me wrong bro. I said that, I got a new SOC but from the same employer (I got 2 permanent job offers, one from the same employer and another one from a different employer). So, I decided to take the one from my employer. I asked If I change SOC with the same employer at the time of applying for ILR, can i apply directly for which you replied that I have to extend my visa first before applying for ILR. But that is not the case it seems.

[zimba]

I think you understood me wrong bro. I said that, I got a new SOC but from the same employer (I got 2 permanent job offers, one from the same employer and another one from a different employer). So, I decided to take the one from my employer. I asked If I change SOC with the same employer at the time of applying for ILR, can i apply directly for which you replied that I have to extend my visa first before applying for ILR. But that is not the case it seems.

Ok, so you did not change your sponsor but the SOC ??
Are you sure you are not confusing this with the recent UKVI's move away from the old SOC 2010 occupation codes and transitioning to SOC 2020 occupation codes ?

As I explained a new SOC is assigned (for a different role) to secure a new visa. You do not need a new SOC assigned for ILR at all. If you are assigned a new SOC you are required to change your visa according to the rules, unless some specific exceptions apply. Your sponsor also must report this change to the UKVI via their SMS system.

This is very clearly explained in the official sponsor guide: https://www.gov.uk/government/publicati ... ployment_1

[Leoudayan]

Ok, so you did not change your sponsor but the SOC ??
Are you sure you are not confusing this with the recent UKVI's move away from the old SOC 2010 occupation codes and transitioning to SOC 2020 occupation codes ?

As I explained a new SOC is assigned (for a different role) to secure a new visa. You do not need a new SOC assigned for ILR at all. If you are assigned a new SOC you are required to change your visa according to the rules, unless some specific exceptions apply. Your sponsor also must report this change to the UKVI via their SMS system.

This is very clearly explained in the official sponsor guide: https://www.gov.uk/government/publicati ... ployment_1

Yes, I did not change the sponsor but my new job fall under a new SOC. I was in 2136 (old code - shortage occupation list) and now the new job is in 2311. But when I applied for ILR, I was 3 days away from getting transferred to the new job and i got a free advise from solicitors that the current situation when you apply for your ILR only counts and if the employer still needs you with appropriate salary mentioned by the UK government, then I can go for ILR without any issues. Basically I was in the same SOC when I applied for the ILR and the employer just mentioned in the letter that I will be becoming a lecturer after July 1 with X amount of salary which is appropriate for the post.

[zimba]

Then nothing I said was wrong. You applied for ILR based on the original SOC. The new SOC was irrelevant effectively.

[Leoudayan]

Then nothing I said was wrong. You applied for ILR based on the original SOC. The new SOC was irrelevant effectively.

Ok cool thanks! It seems that home office is sending me my BRP and I thought they converted it into e-visa. If possible, can you edit my post on the ILR time line post?

[zimba]

Then nothing I said was wrong. You applied for ILR based on the original SOC. The new SOC was irrelevant effectively.

Ok cool thanks! It seems that home office is sending me my BRP and I thought they converted it into e-visa. If possible, can you edit my post on the ILR time line post?

BRPs will be issued until the eVisa system is fully rolled out. BRPs will be gone by the end of the year