Tier 2, 4 years 2 months and risk of job redundancy

[cristiano007]

Hi all,

Here is a quick drawing explaining my 5 years visa Tier 2 situation:



8 August 2014 => 31 August 2014 => 8 September 2014 => 31 October 2018 => 20 July 2019
Visa start => Entry to UK => Job start => Today => Visa expiry

I am still working for the same company, for around 4 years and 2 months now and I'm intending to stay to apply for Indefinite Leave to Remain.

The team I'm working in at the moment is not doing well in terms of performance (because of market conditions, not lack of competency) and there is a non negligible chance of job termination by end of year. I'm thus interviewing in several companies to get another job and keep all my chances for the ILR application.
I would like to know:

If I do not find a job before a job redundancy happens to me in my current job:
A1. What would happen exactly ? for the sake of an example, let's assume it happens on 30 November 2018, at what date will I be expected to leave the UK ? My notice period is 1 month
A2. After 4 years 2 months in this job, I'm "only" 10 months far from completing for 5 years required for ILR (assuming the other conditions are met), is there another legal alternative which would allow me to stay until visa expiry and apply for ILR?

If I find another job or keep this current job:
B1. Starting from which date I should apply for ILR ?
B2. As my job started on 8 September 2014, 5 years later is 8 September 2019 which is past the visa expiration date, does this not matter as long as I apply for ILR some time before expiry even though I would not have spent 5 years working in the UK ?

Thanks a lot in advance for your answers.
C.

[CR001]

A1. What would happen exactly ? for the sake of an example, let's assume it happens on 30 November 2018, at what date will I be expected to leave the UK ? My notice period is 1 month

The the company tells you to. They don't have to let you work your notice, they can pay you out. Within 10 days of your last working day, they are obliged to inform HO and this will trigger a visa curtailment to 60 days.

A2. After 4 years 2 months in this job, I'm "only" 10 months far from completing for 5 years required for ILR (assuming the other conditions are met), is there another legal alternative which would allow me to stay until visa expiry and apply for ILR?

No. You need 5 years on Tier 2 General to qualify for ILR. Any other route you MIGHT be able to switch into, will reset your clock to zero.

B1. Starting from which date I should apply for ILR ?

Date of first Tier 2 visa issue in 2014. Changing employers DOES NOT change the date you qualify.

B2. As my job started on 8 September 2014, 5 years later is 8 September 2019 which is past the visa expiration date, does this not matter as long as I apply for ILR some time before expiry even though I would not have spent 5 years working in the UK ?

You can apply for ILR no sooner than within 28 days before the 5th anniversary of your first visa start date.

[UKLL]

A1. What would happen exactly ? for the sake of an example, let's assume it happens on 30 November 2018, at what date will I be expected to leave the UK ? My notice period is 1 month

The the company tells you to. They don't have to let you work your notice, they can pay you out. Within 10 days of your last working day, they are obliged to inform HO and this will trigger a visa curtailment to 60 days.

A2. After 4 years 2 months in this job, I'm "only" 10 months far from completing for 5 years required for ILR (assuming the other conditions are met), is there another legal alternative which would allow me to stay until visa expiry and apply for ILR?

No. You need 5 years on Tier 2 General to qualify for ILR. Any other route you MIGHT be able to switch into, will reset your clock to zero.

Could consider switching to Tier 4 and study for 5 years and qualify for 10 years long residence

B1. Starting from which date I should apply for ILR ?

Date of first Tier 2 visa issue in 2014. Changing employers DOES NOT change the date you qualify.

B2. As my job started on 8 September 2014, 5 years later is 8 September 2019 which is past the visa expiration date, does this not matter as long as I apply for ILR some time before expiry even though I would not have spent 5 years working in the UK ?

You can apply for ILR no sooner than within 28 days before the 5th anniversary of your first visa start date.