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Hi Guys,

Just wondering if I would be eligible for ILR in the following in-country Change of Employer situation:

1 July 2008: Entered UK on old/current employer's 5-year B&C Work permit visa.

16 Nov 2011: New employer submitted new Tier 2 application. Start date on New employer's COS is 3 Jan 2012.

2 Dec 2011: Give current employer 1 month notice as per contract. Making 2 Jan 2012 the last day at old/current employer (Also effectively making the old Work permit visa's expiry date 2 Jan 2012, right?)

2 Jan 2012 - 16 Jan 2012: Waiting for application decision & new BRP to arrive while not working for either. (Left old employer, can't start at new employer as BRP not received, although start date on new COS is 2 Jan 2012).

16 Jan 2012: New Tier 2 approval/BRP received. (Question: Would the start date on new BRP be the same as the start date on COS? Ie, 2 Jan 2012. OR can it differ to reflect the actual BRP issue date? Say 10 Jan 2012?)

17 Jan 2012: Start working at new employer.

As you can see, there's a 15 days gap (3 Jan to 16 Jan) between leaving previous employer and starting at new employer.

This means old WP visa effectively terminated on 2 Jan 2012 (via terminating employment), while new Tier 2 application was submitted on 16 Nov 2011 (with COS start date of 2 Jan 2012), BRP is only received on 16 Jan 2012.

Will I still be eligible for ILR by the time I reach 5 years in the UK? There's a 15-day gap in leaving old employment and starting at new employer, I've been in the UK throughout the period legally?

Many thanks for your help and insight guys!!

Pandagon wrote:Will I still be eligible for ILR by the time I reach 5 years in the UK?

Yes.

sushdmehta wrote:

Pandagon wrote:Will I still be eligible for ILR by the time I reach 5 years in the UK?

Yes.

Hi Sushdmehta, that's very reassuring

But don't you think the 15 day gap between employment would cause some kind of problem? Will I be residing in the UK legally between 2 Jan 2012 and 16 Jan 2012?

While this period will be spent waiting for BRP, I was essentially unemployed. Or is it because the Start date on my new COS is 3 Jan 2012, my legal residency will be continued on that ground after I leave my old employer on 2 Jan 2012?

Also, what would be the "valid from" date printed on my BRP? Same as the start date on the new COS (3 Jan 2012) or the actual BRP issue date (say, 10 Jan 2012?).

Many thanks for your guidance and support guys!!

employment has nothing to do with ILR. As long as your salary (be it for a month for example) gives you enough points, you are fine.