ILR Set(O) in progress and change of employment

[jenjylee]

Hi there
I am currently on Tier 2 General visa.
I submitted my ILR Set(O) application on 9th Aug, submitted bio-metric information using UKVCAS app on12th Sep.
With current Covid situation my employment circumstance is changing from November, with the same employer but with reduced working hours (4 day a week) and reduced income.
My income will stay above the current minimum income requirement £36200. However I am concerned that my hours and income might reduce even further in the new year.

1) Notifying the home office about the changes
- The employer will notify the home office about the changes regarding Tier 2 employment. Does employer need to mention that my ILR is in progress at the same time?
- Do I need to notify home office separately regarding my ILR application?

2) If my employment changes further and if my income falls below the minimum £36200 would it affect my application?

Looking forward to receive your responses.
Thank you.
Jen

[srsw]

Convince your employer to hold off the salary/hours change until you get your ILR application results.

Once you cross that bridge, those changes don't need to be informed to ukvi and you and your employer are free to make such changes.

[jenjylee]

Hi there
Thanks for your response. I managed to stay working full time while furlough scheme was adopted in the office, with furlough scheme ending the company approach is to reduce everyone’s time to avoid any redundancies.
So it is not going to easy to convince them.
Do you think it will affect my application even if I stat above the minimum earning requirement?
I would appreciate of you could give me more detailed response.
Many thanks
Jen

[srsw]

It shouldn't affect if it's still above the minimum required salary, but could unnecessarily delay your application in case they want to follow up or have any doubts.

If you see the timeline, set (o) applications are getting approved reasonably quickly so you should receive your results anytime now as long as your application is not complex.

When are you expecting salary change in Nov?

[jenjylee]

Yes, expecting change at the beginning of November.
Pay day is 25th.
I am not sure how long the employers got in terms of notifying changes to home office.
My case is very straight forward, worked with one company for 5 years, I was hoping to receive the result by end of October but had no luck.

Do I need to inform the home office separately about the changes? I could not find any detailed information on government website.

Thanks again.

[srsw]

You don't need to inform but your employer will. In that case, just sit tight and hope you receive your approval letter soon.

Don't mention anything to employer and let them do what they need to, i.e. inform ukvi as per the rules for sponsors.

[srsw]

Looks like furlough scheme is being extended (just listening to PM) so check if that helps your situation.

[jenjylee]

I have a good relationship with the employer so they are are trying their best not to complicate my visa.
I can tell them not to mention about my application, my office manager said she can check with home office if they need to do anything regarding my application (as a general enquiry).
I just saw the news conference, conveniently everything is decided and informed to the public in the last minute!
I will speak to the office manager on Monday to see if extension of furlough scheme will change anything (ie if I can stay with current contract).

Do we normally have to inform the home office about the changes while ILR is in process?

Many thanks
Jen

[srsw]

Employer need to inform ukvi within 10 working days:

• if there are any significant changes in the sponsored migrant’s circumstances, for example:
o a promotion or change in job title, or core duties, other than those which need a change of employment application – the ‘Change of employment’ section has more information on this

o a change of salary from the level stated on the CoS, other than changes due to annual increments or bonuses

o a change of salary from that stated on the CoS due to maternity, paternity shared parental or adoption leave, or a period of long term sick leave lasting one month or longer

The above is from old version of sponsor guidance (so check latest version just in case). If that's the case see if they can report on the last day to give your extra time. Or see what they find out when they call ukvi and see if you need to convince them any further.

It's not about your ILR application, but employer's responsibility to report changes as listed above.

[jenjylee]

I just looked at the same section of sponsors guide.
I am sure that they will wait until the last day of 10 working day period to notify the home office.
So there is no duty to inform the home office separately regarding the changes of my situation in relation to ILR application?
Then I can just tell my office manager to inform the home office as part of their sponsor duty, not mentioning my application.

Thanks a lot for responses.

Ps when submitted my application back in August I received an email saying the following.
We apologise for the inconvenience, however, due to the worldwide response to COVID-19, UKVI services are currently limited and we are not able to meet our usual service standards.
Although we would normally decide your application within six months from the date it was submitted, unfortunately this is not going to be possible in your case.
I am not sure whether this was a general email sent to everyone or to specific applicants. I am

[srsw]

No, I don't think they need to inform separately in terms of your ILR application as they must have provided you with letter at that time & it was all accurate. Now they will inform as per sponsor duty via SMS system.

That email is a generic email and pretty much everyone applying recieving it so don't need to take it at face value.

Again, see if furlough scheme can postpone your changes by a month. That should be your priority if possible.

[jenjylee]

Thanks a lot for your responses.
I will discuss the options with the employer, hopefully will receive a decision notice in the next couple of weeks!

[srsw]

Thanks a lot for your responses.
I will discuss the options with the employer, hopefully will receive a decision notice in the next couple of weeks!

Good luck! Do let me know how it goes. Cheers.

[jenjylee]

Will do, thanks a lot
Have a good night!

[jenjylee]

Thanks a lot for your responses.
I will discuss the options with the employer, hopefully will receive a decision notice in the next couple of weeks!

Good luck! Do let me know how it goes. Cheers.

They decided to keep the office operating as we were back in October at least this week, they need to discuss details of changed Government policy this week.

So this has bought me another 3 weeks including the 10 days of notifying time for the Sponsor.

Fingers crossed!

[srsw]

That's good development. I think this would hopefully give you enough time to get your ILR approved.

[jenjylee]

I received an email last night (at 12:09am) saying that my application has been successful!!!!
I am so relieved and won't be checking my inbox every 10min!

Thanks very much for your kind guidance, hope you have a lovely Friday and weekend!

[srsw]

I received an email last night (at 12:09am) saying that my application has been successful!!!!
I am so relieved and won't be checking my inbox every 10min!

Thanks very much for your kind guidance, hope you have a lovely Friday and weekend!

Congratulations!!! That's awesome .
I'm glad it all worked out for you. Take time to celebrate the milestone

I need to assemble a bunk bed for my kids this weekend so it will be fun