Apply ILR before commencing new job

[tbinu]

I am writing to seek clarification regarding my eligibility to apply for Indefinite Leave to Remain (ILR) based on my employment history in the UK.

I have been employed in the UK continuously with the same employer for 5 years and 7 months, with my last working day recorded as 12th Nov 2023. However, I have recently transitioned to a new job, and my scheduled start date with the new employer is 27th Nov 2023.
1. I would like to understand whether I am eligible to apply for ILR before commencing my role with the new employer, based on the duration of my previous employment, or if I can only proceed with the application after I have officially started on Nov 27th, 2023.
2. I have asked for an employment letter. However, HR said they can issue only after the commencement of job. Is it ok to submit the CoS, contract letter and offer letter to support this?
3. Is ok to submit payslips from previous employer as I havent joined yet and dont have any payslips from the new employer.
4. My partner has his Partner dependant visa (Tier 2 skilled worker) expiring in 2026. Can he stay on the same visa until 2026 even after I get my ILR?

Thank you for your time and assistance in this matter.

[zimba]

No, you do not qualify for ILR at the moment as you must rely on your sponsor to support your ILR application. You must secure a new skilled worker visa in order to legally work for the new sponsor. You need to work for the new employer for at least a month to qualify for ILR later on (you need at least a payslip). Your partner may stay on the current dependant visa as their status will not change anyway.

You should also get a sponsor letter from your current employer when the ILR time comes: All you need to know about the sponsor letter for Skilled Worker route

[tbinu]

Thank you for the response!

Just to clarify with this statement- “You must secure a new skilled worker visa in order….”
I have been issued the visa already. I currently have the new BRP expiring in 2026. Just waiting to start job by the end of this month.

Will this not help?

[zimba]

Thank you for the response!

Just to clarify with this statement- “You must secure a new skilled worker visa in order….”
I have been issued the visa already. I currently have the new BRP expiring in 2026. Just waiting to start job by the end of this month.

Will this not help?

No. You must work for the new sponsor for at least a month and get all the evidence required (Payslip, bank statement, sponsor letter, etc)
Your sponsor must support your ILR (they shall need you for the foreseeable future) and you must be working for them in order to qualify for ILR. I suggest applying in January after you have all that sorted.

[tbinu]

Thank you Zimba for the answer!
Appreciate it!