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Change in Employer and issues with ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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adas
Newly Registered
Posts: 1
Joined: Tue Apr 01, 2014 12:47 pm

Change in Employer and issues with ILR

Post by adas » Tue Apr 01, 2014 1:54 pm

Hello,

Current Status - Tier 2 General Visa by A rated umbrella company. New employer is in the process of transferring the sponsorship and Visa.

Please find a few dates to assess the situation:
1- Arrived in the UK with Tier 2 General Visa - Sept 2010
2- First payroll started - Mar 2011
3- Current validity of Visa - Sept 2016
4- New employment offer in Mar 2014
5- Payroll stopped with current employer - Mar 2014 and Apr 2014
6- Switching of sponsorship and Visa with new employer - not yet done, in the process - expected date end of Apr, beginning of May
7- Joining date with new employer - 12th May 2014
8- Current employer waiting for the switch to happen before updating sponsor management status and issuing P45 (although payroll is stopped for Mar and Apr 2014)

Periods of no-payroll -
a) Sept 2010 to Feb 2011
b) Mar 2014 to 11th May 2014

Questions:
1) Am I allowed to be under no-payroll while my sponsorship and visa is being transferred to a new employer? If yes, then for how long? Technically, my resignation is not yet effective since my current employer has not updated sponsor management status yet and have also not issued the P45 yet.
2) During ILR application, how will these periods of no-payroll affect me? In which year and month will I be eligible for ILR application?

Many thanks for your time.

With Regards,
ADas

onlooker
Member
Posts: 116
Joined: Mon Jul 26, 2010 8:58 pm
Location: London

Re: Change in Employer and issues with ILR

Post by onlooker » Tue Apr 01, 2014 6:22 pm

I'm no lawyer, but I think that payroll is the employer's responsibility, not yours, and hence shouldn't affect your rights. If your employment has not been legally terminated, I wouldn't worry about it too much.

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