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Change of employer

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, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Dsam06
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Joined: Sun Aug 28, 2016 1:13 am

Change of employer

Post by Dsam06 » Wed Nov 09, 2016 10:34 pm

Hi Guys,

I am on tier 2 since 2012, I have couple of months left to complete the 5 years required period to be elligible for the ILR, I have two questions if you can help me with :
- In 2015, I have moved from the company which originally sponsored me to another one, but I am still on tier 2, my wife and the baby are on tier 2 dependant. Does this affect my application, as I read somewhere online that you should NOT change employer (well it kind of sounded silly for me).

- My wife joined me in 2014, so on 2017 she will have just 3 years, in the UKBA site, it is clearly mentionned that the spouse should have 5 years in the UK to qualify as well. So what would be her new visa status, if I apply for ILR and not her ??

Many thanks.

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CR001
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Re: Change of employer

Post by CR001 » Thu Nov 10, 2016 9:06 am

Dsam06 wrote:- In 2015, I have moved from the company which originally sponsored me to another one, but I am still on tier 2, my wife and the baby are on tier 2 dependant. Does this affect my application, as I read somewhere online that you should NOT change employer (well it kind of sounded silly for me). Did your new employer sponsor you with a Tier 2 G and did you make an application for change of employment and apply for a new visa?

- My wife joined me in 2014, so on 2017 she will have just 3 years, in the UKBA site, it is clearly mentionned that the spouse should have 5 years in the UK to qualify as well. So what would be her new visa status, if I apply for ILR and not her ?? She can continue on her PBS dependent visa till she meets the requirements for ILR.

Many thanks.
Char (CR001 not Casa)
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Dsam06
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Posts: 17
Joined: Sun Aug 28, 2016 1:13 am

Re: Change of employer

Post by Dsam06 » Fri Nov 11, 2016 6:03 pm

Hi CR001,

Did your new employer sponsor you with a Tier 2 G and did you make an application for change of employment and apply for a new visa? --> Yes, I got a new sponsorship COS and applied for a new tier 2 visa. so I am still in the same situation Tier 2 G as initillay.

She can continue on her PBS dependent visa till she meets the requirements for ILR. --> However, her PBS dependent will expire before reaching the required required time. I read in this site that she can apply as FLR, sorry but what does FLR mean and how does it work ??

Cheers
Samir

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CR001
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Re: Change of employer

Post by CR001 » Fri Nov 11, 2016 8:32 pm

She can extend her PBS dependent visa.

FLR = further leave to remain. However, if she switches to FLR(M), her clock towards ILR will be reset to zero and she will have to wait a new 5 years (2 x 2.5 year visas) before she will qualify for ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Dsam06
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Joined: Sun Aug 28, 2016 1:13 am

Re: Change of employer

Post by Dsam06 » Wed Nov 16, 2016 8:43 pm

Thanks a lot CR001 for your replies,
I wanted a clarification about the extension of the PBS dependent.

If I switch to ILR, will I be still considered a PBS ? so my wife can apply to extend her PBS dependent visa which expires on the 15th Oct 2018 (at this time, she will have 4 years and 4 months), so instead of losing the already accumulated time, can she extend it while I am on ILR ? and then after completing the 5 years time, she can apply for a ILR as well ?

I am planning to apply for British Citizenship after a year (15th Oct 2018), will she be able to apply as well as a dependent of british citizen (if I get it) ??


Kind regards,

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CR001
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Re: Change of employer

Post by CR001 » Wed Nov 16, 2016 8:53 pm

She can still extend her PBS Dependent visa if you are on ILR but ONLY if you get ILR based on the PBS route.

When you apply for BC, it makes no difference to her route. She will still need to apply for ILR first and then BC. The only advantage might be is that if you are BC at this point, she won't have to wait 12 months on ILR. There is no 'dependent citizenship' application, EACH applicant MUST meet the requirements individually.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Dsam06
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Joined: Sun Aug 28, 2016 1:13 am

Re: Change of employer

Post by Dsam06 » Sat Nov 19, 2016 12:00 am

Hi CR001,

Thanks a lot, that's clear.

Cheers

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