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URGENT! Eligible for ILR - Facing Redundancy

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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mickeyj18
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URGENT! Eligible for ILR - Facing Redundancy

Post by mickeyj18 » Tue Nov 21, 2023 3:30 pm

URGENT!

Hello All,
I recently completed 5yrs in the UK and am eligible to apply for an ILR.
I am currently serving my notice period so my current workplace will not provide an employment letter stating that 'this salary will be paid for the foreseeable future'.
Hence my ILR application is stuck.

Context:
1. Date of 5yr completion: 31st oct'23
2. BRP Expiry Date: 29th Feb'24
3. I do not yet have a new job offer.
4. New jobs ready to provide sponsorship are hard to come by at this time of the year so I need to know if I require a sponsorship or not.

Questions:
1. Can I apply for my ILR without sponsorship?
2. Since I am already eligible for an ILR, will the new employer need to provide a sponsorship as well? or can directly apply for ILR?
3. When can I apply for an ILR after I get a new job offer?

Really appreciate your view on the matter or anyone who can professionally help.

meself2
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Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: URGENT! Eligible for ILR - Facing Redundancy

Post by meself2 » Tue Nov 21, 2023 3:42 pm

You cannot apply ILR without sponsorship.

You need to find another employer that will sponsor you, will employ you and provide a letter that he needs you in foreseeable future. You also have to work for at least a month as you need to enclose a payslip with your application.

Other way is, obviously, finding another visa route to stay here, but most of them will require another 5 years of stay in new category.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

mickeyj18
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Re: URGENT! Eligible for ILR - Facing Redundancy

Post by mickeyj18 » Tue Nov 21, 2023 3:52 pm

meself2 wrote:
Tue Nov 21, 2023 3:42 pm
You cannot apply ILR without sponsorship.

You need to find another employer that will sponsor you, will employ you and provide a letter that he needs you in foreseeable future. You also have to work for at least a month as you need to enclose a payslip with your application.
Thank you for the prompt response @meself2.
Q: Will I/ new employer need to need to apply for a new BRP/ extend it? My BRP expires (29th Feb'24). Assuming I find a new job before 60days from date of curtailment, or BRP expiry, whichever is earlier.

meself2
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Ireland

Re: URGENT! Eligible for ILR - Facing Redundancy

Post by meself2 » Tue Nov 21, 2023 3:55 pm

When you get a CoS for a new job, you then have to apply for a new Skilled Worker visa, resulting in another BRP. You cannot just work with your current one, as it only allows you to work for your current sponsor.

If your BRP expires before you get a job, I'm afraid you will have to leave. I dont know if continuity of residence still applies here and whether OP can get ILR after going back and returning with new SVW - other members will advise.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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zimba
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Re: URGENT! Eligible for ILR - Facing Redundancy

Post by zimba » Tue Nov 21, 2023 4:30 pm

mickeyj18 wrote:
Tue Nov 21, 2023 3:52 pm
meself2 wrote:
Tue Nov 21, 2023 3:42 pm
You cannot apply ILR without sponsorship.

You need to find another employer that will sponsor you, will employ you and provide a letter that he needs you in foreseeable future. You also have to work for at least a month as you need to enclose a payslip with your application.
Thank you for the prompt response meself2.
Q: Will I/ new employer need to need to apply for a new BRP/ extend it? My BRP expires (29th Feb'24). Assuming I find a new job before 60days from date of curtailment, or BRP expiry, whichever is earlier.
As you have been advised, there is no path to ILR unless you find a new sponsor and secure a fresh skilled worker visa.
If you leave the UK, you must successfully apply within 14 days of visa expiry for a new skilled worker visa to maintain continuous lawful residence under this route.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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