Tier2 to ILR - new job offer

[kirandeshpande]

Hi,

I am on Tier2 (General) visa from July 2009 and I will be eligible for the ILR on 3rd July 2014. My current Tier2 visa expires in November 2014.

Recently I got a better job offer from another company and they are ready to apply for my certificate of sponsorship since they already have a license to sponsor Tier 2 visa. They want me to join the company from 1st week of July and they don't want to wait further. A notice period for leaving my current job is 3 months, so I need to give a notice in this week (though I will try to negotiate the notice period).

Ideally first I would like to get the ILR and then join this new company. But for ILR application, I will need a letter from my current sponsor confirming that I am still required for the employment - SET (0) Section 11P. I won't get this letter from my current employer as I would be leaving the job. Can I apply for the ILR without requiring the Tier 2 visa from my new employer? For example, if I have a job offer and a legal contract with the new employer, is that accepted as an evidence of my ongoing employment for ILR application? Or, do I have to get the Tier 2 visa for new job and then apply for the ILR later?

Thanks a lot in advance.

[Skc84]

You will need to get the Tier 2 visa for new job and then apply for the ILR later.

Can you confirm you visa stamp date in July 2009 and when you entered UK?

As you can apply 28 days before actual stamp date if you have entered uk within 3 months from original stamping.

[kirandeshpande]

Thanks for the reply.

My visa stamp date is 24th June 2009 and the first entry to the UK was 3rd July 2009. I can apply for ILR 28 days before i.e. first week of June. But even then I have to give 3 month's notice after ILR in June; and the new employer can't wait until September.

I called UKBA to explain my situation. They said that I can apply for ILR and show the job offer and the signed contract from new employer instead of the continuation letter from my current employer, but then it's up to the case-worker to decide whether to approve the ILR visa or not. In other words, the advice from UKBA was quite generic and unclear. I guess it's better to go for Tier 2 first rather than risking the ILR application.

[Skc84]

You will be eligible to apply for ILR from 27th May 2014.

In my view Its best you move to tier 2 with new employer and then ILR. You will still be eligible to apply for ILR from 27th May 2014 even if you move to Tier 2 with new employer before that.

"They said that I can apply for ILR and show the job offer and the signed contract from new employer instead of the continuation letter from my current employer, but then it's up to the case-worker to decide whether to approve the ILR visa or not."

I am not too sure about what they have said above as your ILR application is still based on the employer you are with as they will need to give you letter abt continuation with them.

Hope that helps.

Thanks

[vishpb35]

Sort out ILR first and then do any job switching!

Again its your personal choice!

[kirandeshpande]

Thanks all.

Just to give a background - I wasn't looking for a job and was already planning for my ILR application. I had been approached on Linkedin by two head-hunters for the same vacancy and eventually got this job offer after interviews. The package is significantly higher than my current job, but the new employer is not ready to wait until I get my ILR. I haven't yet decided whether to accept the job offer or not.