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Waiting for ILR and new employment, advice needed.

Posted: Fri Mar 02, 2012 9:42 am
by blibul017
Dear Members

I'm currently under tier 2 visa which runs out in early July. I submitted my application for ILR on 10 year long residence ground about 8 weeks ago. About 4 weeks ago I received an offer from other company for a job desperately want to do.

I verbally accepted the offer and told the new employer I will only hand in my notice after my ILR gets approved. Now they have been waiting for 4 weeks for my desicion plus my 3 months notice period with my current company they are likely to wait for 4 to 5 months. I got a feeling they have slowly run out of patience.

My quesiton is:

In the immigration law, it says if an applicant is awaiting for result for new visa, his/her current leave to remain is valid until the outcome of the application is given.

I am tempted to hand in my notice now and hoping that ILR will be approved while I spend my 3 months notice period. if by the point I cease my current employment I still haven't heard the outcome of my ILR application. Will I still have a valid leave? I suspect not because my current tier 2 visa is tied to my current employer. But the other hand, I still think it might be ok because of the first argument.

Is there anyone had similar experiences, or is there any document or rule that I can refer to?

Posted: Fri Mar 02, 2012 2:09 pm
by blibul017
Any suggestions will be very much appreciated

Posted: Sat Mar 03, 2012 2:15 am
by Smam
Hi

I believe that you've answered your question by your self mate. I would not recommend you take any risk.

As you know that UKBA will look for that last reason to not to issue the ILR I am trying to be optimistic but realistic as well so can't really suggest you taking any risks.

And you know if they want to give you the ILR no matter even if you change the company that should be ok but if they dont want they'll definitely make that as a great excuse to not to give you an ILR

I believe this was my advice and every one is the best judge of their decisions.

Posted: Fri Mar 09, 2012 9:59 am
by blibul017
Smam wrote:Hi

I believe that you've answered your question by your self mate. I would not recommend you take any risk.

As you know that UKBA will look for that last reason to not to issue the ILR I am trying to be optimistic but realistic as well so can't really suggest you taking any risks.

And you know if they want to give you the ILR no matter even if you change the company that should be ok but if they dont want they'll definitely make that as a great excuse to not to give you an ILR

I believe this was my advice and every one is the best judge of their decisions.
On what ground they are going to reject my ILR then, my employment ceases 6 month after my 10 years period. If I don't withdrawal my ILR application, are they going to withdrawal the application for me and send me packing?