ILR Funded by new employer

[krishnudu7052]

Hi Experts,

I am Tier-2 work visa holder and now I am eligible for ILR as I completed 5 years continuous period. I got new job offer from new employer who is ready to fund my ILR instead of Tier-2 General visa. So the new employer allocated their immigration consultant to process my ILR and all the cost incurred for my ILR processing will be bill to my new employer from their consultant.

I also agreed that I will get required documents such as employment letter, UK Absence letter etc from my current employer. I assume that I don't require any document from my new employer.

Now the consultant is saying that he cannot assist/process my ILR if my new employer doesn't sponsor me Tier-2 general visa and he said that it is illegal to fund my ILR by new employer. is my consultant saying right or wrong? and why?

Could anyone through some light on my query please.

Thanks in advance

Best regards
SK.

[zimba]

It is irrelevant who pays for your ILR. However, you must first be sponsored by your new employer and be granted Tier 2 visa under their sponsorship. You must first be granted a new Tier 2 visa by your new sponsor (change of employer) and then apply for ILR later (after a month as you need at least a payslip and evidence of pay in your bank account). You cannot get ILR directly without a change of sponsor

[krishnudu7052]

Thanks Zimba for reply.

Still I am not clear why I should get sponsorship and switch employer for when I am getting all required supporting documents from my current employer?

New employer is only funding my ILR cost and arranged consultant for supporting me to make my life easier and to verify all the required documents are submitted.

Best regards
SK

[zimba]

Thanks Zimba for reply.

Still I am not clear why I should get sponsorship and switch employer for when I am getting all required supporting documents from my current employer?

New employer is only funding my ILR cost and arranged consultant for supporting me to make my life easier and to verify all the required documents are submitted.

Best regards
SK

That will be deception. The rules require your current sponsor to need you for the foreseeable future. If the new employer wants you for the foreseeable future (not the current one), then they better sponsor you first and then you go through ILR with them. If your current employer wants to falsely claim they need you for the foreseeable future and give you such letter, then they will be deceiving the UKVI to enable you to get ILR. That might be the reason why the consultant is refusing to go through with it. Tier 2 migrants are only granted ILR with the premise that their current position with their sponsor is necessary for the foreseeable future. ILR is not about box-ticking and completing just 5 years.

[krishnudu7052]

Hi Zimba , Thanks for the reply.

In fact, my current employer need me and that is why he is giving letter for foreseeable employment.

If I am not wrong, it is up to me to continue my employment after getting my ILR as I will not depend on my current employer sponsorship.

Could you please clarify?

The consultant who is opposing my ILR processing through new employer funding is ready to process if I approach him directly and pay.
I am not sure what difference it make?

Best
SK

[ajitu92]

As Zimba has already clarified, for the Tier 2 PBS based ILR (5 year) route you are required to obtain documents supporting your application from the CURRENT sponsor.

It is true that it is your choice to continue employment with your current sponsor AFTER your ILR and BRP are granted.


As I see it you have 2 options:

[*] 1. Apply for ILR with your current sponsor (since they are willing to give you all the required documents).
Switch to a different employer AFTER your ILR and BRP are granted - which
you would be free to do so. Make sure you do not resign before the decision and BRP are received.

[*] 2.Switch to the other employer now and first obtain a new Tier 2 sponsorship and visa from them. Then apply for ILR based on the sponsorship with your new employer. It would be worth clarifying whether they would provide you with all the necessary documents before you make the decision/switch.


Not sure what the deal is with the consultant willing to do it if you approach them and pay directly. Sounds dodgy, so would be best to avoid that. I'm not sure why you're trying to over-complicate the situation to be honest. Just get your ILR and then your are free to choose whatever employer/job you want.

[poper]

The consultancy should sort out their fuss with your new employer. If they cant, apply ILR on your own.