Immigrationboards.com

Hi all

I am on a Tier 2 visa and I have an ILR in-person appointment booked on 18th Oct.

Due to some reasons at work, I have resigned. My boss suggested me not to formal resign at the beginning so HR can still assist with my ILR application.

However now my boss said the company needs to notify immigration immediately that I am leaving the firm. I have 3 months notice to serve if I really resign, a formal resignation is not submitted and on record.

I would like to ask even if I get my current employment record saying that I am still at work as permanent staff, if the letter indicates that I am leaving till 31st Dec 2010. Would I be very likely rejected by UKBA on my ILR?

I am frustrated. I told my boss re my resignation on good faith, I could have just told him that after my appointment on 18th Oct.

Would really appreciate anyone's thoughts on this.

dancerJWKS

Resigning before being granted ILR may not be a good idea:

245ZH. Requirements for indefinite leave to remain wrote:(c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must certify in writing that he still requires the applicant for employment.

[url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idichapter6a/section2/section2.pdf]Section 2 - Settlement - tier 2 and tier 5 of the points-based system[/url] > 3. CONDITIONS FOR INDEFINITE LEAVE TO REMAIN AS A TIER 2 MIGRANT wrote:(iii) The sponsor, who issued the Certificate of Sponsorship for the applicant's last grant of leave, must certify that the applicant is still required for employment by them. This must be a letter on company headed paper signed by a senior official, or a further Certificate of Sponsorship in respect of the applicant that would result in the applicant obtaining the necessary points as specified in Appendix A of the Immigration Rules.

thanks for your reply.

it's sorted. I am going to apply a Tier 1 instead in which I am confident and I have got enough points for the application.

Just wonder, does the employer need to inform the immigration immediately when they know that I am resigning?

dancerJWKS wrote:does the employer need to inform the immigration immediately when they know that I am resigning?

See Sponsor duties.


regards

so once I get my Tier 1 visa, let's say after half year, will I be eligible for applying ILR?

i.e. work permit (4.5 years) + Tier 2 (2 months) + Tier 1 (6 months) together for more than 5 years?

Eligible as and when you complete 5 years. e.g. - WP (4.5 years / 54 months) + Tier 2 (2 months) + Tier 1 (4 months) = 60 months!


regards

Hi

I am not meaning to apply for the ILR. I am just wondering as I am staying at the firm till end of this year, and my original ILR appointment was scheduled on 18th October. My employer still needs me till end of this year, wouldn't it be sufficient/adequate for the continue employment point?

sorry for keep coming up so many questions.

dancerJWKS

Better check with your employer, if they are happy to give you a letter stating that you are permanent employee and has been in the company for last 5 years and your services will be required after you get ILR should be help...

dancerJWKS wrote:Hi

I am not meaning to apply for the ILR. I am just wondering as I am staying at the firm till end of this year, and my original ILR appointment was scheduled on 18th October. My employer still needs me till end of this year, wouldn't it be sufficient/adequate for the continue employment point?

sorry for keep coming up so many questions.

dancerJWKS

dancerJWKS wrote:My employer still needs me till end of this year, wouldn't it be sufficient/adequate for the continue employment point?

Yes, if the employer agrees not to mention an end date to your employment in the letter.


regards