Resigning while waiting for ILR

[pomal1994]

Hi all,
I am wondering if there have been cases on this forum of people resigning while waiting for their ILR decision email to come through? I am waiting for Tier 2, 5yrs ILR. The problem is - my job is very stressful and it's getting worse. Lots of people are being made redundant and my team is overworking, especially me. And there is no support from management. I'm sure my case is very straightforward its just a waiting game...
But i would really appreciate if somebody could advice whether its a hard NO or a MAYBE , to resign while waiting for the decision...
Also - would it be an appropriate reason to contact MP to try and speed up the decision? I feel like it would be unfair as I see many people with families are waiting.. and if I could wait I would but im sacrificing my health.
Thanks!
(and apologies for starting a new discussion but I really couldn't find an answer elsewhere on the forum)

[CULLINAN]

You are expected to be employed by the same employer at least by the time your decision comes. Resigning before that could cause problems.
You can always request HO or MP if you have compelling circumstances.

Did you not provide HO with a letter that you are required by your employer for a “foreseeable future?” HO may make enquiries with your employer and if you resign before a decision is made, your ILR could be refused.

[pomal1994]

Hi Cullian,

Yes I have provided such letter. But also it doesn't mean employer's situation cannot change and this letter really doesn't bound them to keep hiring if downsizing reaches my department.. But it seems like the decision for ILR is mostly based on your past history and this letter is just an extra confirmation for Home Office. As technically as soon as you get ILR you can choose to be unemployed and remain in the UK.

I'm considering contacting my MP.

Thanks

[CULLINAN]

Hi Cullian,

Yes I have provided such letter. But also it doesn't mean employer's situation cannot change and this letter really doesn't bound them to keep hiring if downsizing reaches my department.. But it seems like the decision for ILR is mostly based on your past history and this letter is just an extra confirmation for Home Office. As technically as soon as you get ILR you can choose to be unemployed and remain in the UK.

I'm considering contacting my MP.

Thanks

Your immigration status is Tier 2 not ILR at the moment. You have to adhere with the conditions of your visa. The choice is yours to resign or not.
Also, you need your employer to settle in UK and not vice versa. They can downsize or fire any employee if they deem fit within the employment rights.

[gag285]

Hi Cullian,

Yes I have provided such letter. But also it doesn't mean employer's situation cannot change and this letter really doesn't bound them to keep hiring if downsizing reaches my department.. But it seems like the decision for ILR is mostly based on your past history and this letter is just an extra confirmation for Home Office. As technically as soon as you get ILR you can choose to be unemployed and remain in the UK.

I'm considering contacting my MP.

Thanks

I echo CULLINAN's thoughts. The only thing I would add is that if you resign, your employer is bound by law to inform HO. I think they have 10 or 15 days in which to do this. While you may receive your decision by then already, there is a risk that HO becomes aware of your employment situation before the decision. If that happens, the decision could become tricky. I doubt ILR is awarded in this category if you are not employed on the date of the decision. I would personally say - Stay Put (you have already done the hardwork)

[pomal1994]

Thanks both
I will hold off resigning - seems to risky!