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Getting new job while ILR(LR) is still under process

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Hanna123
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Posts: 11
Joined: Wed Jan 09, 2019 1:55 pm
United Kingdom

Getting new job while ILR(LR) is still under process

Post by Hanna123 » Mon Mar 04, 2019 2:22 pm

Hi,
I would like to share my experience as it might be useful to others. I applied for ILR(LR) using the standard service (posting my documents). While it was/is still under process, I got a very good job offer. I was happy to withdraw my application, get my documents, pay £3000 and apply in person in order to secure my offer. However, my new employer asked me to wait while they contact HO and run the ESC :
Q69 How do I comply with the right to work checks if the person I want to employ has made an immigration application, or has appealed against or requested an administrative review of a Home Office decision and their documents are with the Home Office? A. In these circumstances, to demonstrate a statutory excuse against a liability for a civil penalty, you can obtain a Positive Verification Notice from the Employer Checking Service confirming the person’s right to work. This will last for six months from the date of the Notice. In respect of prospective employees, the Positive Verification Notice must be obtained before employment commences. Do not simply take your employee’s word for it." ( https://assets.publishing.service.gov.u ... _final.pdf )

So my ESC was successful and my employer (a very big firm) has offered my a job and i am about to start in few days, while i am still awaiting for the result of my ILR :)
Hope that helps,

Hanna123
Newly Registered
Posts: 11
Joined: Wed Jan 09, 2019 1:55 pm
United Kingdom

Re: Getting new job while ILR(LR) is still under process

Post by Hanna123 » Tue Mar 05, 2019 4:12 pm

Well my happiness didn't last long :(((
I just got a call from my to-be-employer (hopefully!) saying that they did a mistake and cannot let me start unless i get my ILR as my current visa is Tier 2 and being sponsored. So i just cancelled my application to be able to get my documents and apply in person

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CR001
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Re: Getting new job while ILR(LR) is still under process

Post by CR001 » Tue Mar 05, 2019 4:23 pm

Hanna123 wrote:
Tue Mar 05, 2019 4:12 pm
Well my happiness didn't last long :(((
I just got a call from my to-be-employer (hopefully!) saying that they did a mistake and cannot let me start unless i get my ILR as my current visa is Tier 2 and being sponsored. So i just cancelled my application to be able to get my documents and apply in person
Correct that you are not able to work for any other employer except your tier 2 sponsor until you have been granted ILR.

Are you aware that there is no longer a same day decision in person service at the premium service centres??

You can only apply using the new UKCVAS service and there is no guarantee of a decision within 24 hours using the super priority service.

indefinite-leave-to-remain/new-uk-visa- ... 67058.html

indefinite-leave-to-remain/online-appli ... 70084.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Hanna123
Newly Registered
Posts: 11
Joined: Wed Jan 09, 2019 1:55 pm
United Kingdom

Re: Getting new job while ILR(LR) is still under process

Post by Hanna123 » Wed Mar 06, 2019 10:18 am

Hi CR001,
Thanks for the response, yes thanks to your useful forum, i am aware of that. But my case is getting a bit complex now. I have been in the UK from Jan 2009, and from March 2014 on Tier 2 visa with one employer valid until 2020. Following my current situation, I resigned from my job and my last day will be end of March. Now that i have cancelled my application and awaiting for my documents to re-apply , my concern is this registration may cancel my right to be in the UK?

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