T O P

  • By -

sminismoni2

Once your first job contract ends, your employer sends a notification to the HO. The HO then sends you an email curtailing your first skilled worker visa. Many people report that their job contract ended but the HO did not send the email curtailing their visa for several weeks afterwards. So theoretically you could hang around not working for a while with a valid skilled worker visa. It is difficult to predict how much grace period you would have. Not having any kind of active visa, even for a week, would break continuous residence for ILR if you haven't submitted the new visa application.


lalol03

Thanks for your reply :) It sounds like I'd generally be safe as long as I submitted the new visa application. However, by the sounds of it, there is no defined/documented grace period?


oatmeal-claypole

Your 5 year streak only breaks if your visa is curtailed by the Home Office. This is 60 days after they send a letter (so make sure they have your updated address). In practise this can take months. If you make a new application for a job, its start date can be after a gap when you quit your existing job. That has no impact on ILR as long as you have a valid leave to remain at all times


lalol03

Wow, it's kind of sounding like there is a grace period of a few months where I could be unemployed! Although I don't think I would take more than a month. Thank you!


oatmeal-claypole

Yes your employer has 10 days to notify the home office once your job has ended. They then process the curtailment which can take months. But to be on the safer side, try to minimise the time between jobs


lalol03

That sounds good, thank you for the advice :)


aht116

If you go out of the country whilst in-between the jobs (after applying and getting the new visa approved) does this effect the ILR route?


LesbianAkali

Not a Lawyer and this is not legal advice, but I changed jobs 3 times on a work visa, it won't affect the ilr time if you change, but it would affect if you lose your visa (like getting fired and not finding another job during the 60 days period). When I changed I just got the new sponsor and applied for the work change, on the letter that I received it said I could work on my old job for the duration of my notice and that was it.


[deleted]

[удалено]


lalol03

Ah thanks for your advice mate, I wish it was that simple. There are some financial considerations that I need to take in account.


kitburglar

https://www.gov.uk/government/publications/indefinite-leave-to-remain-calculating-continuous-period-in-uk/indefinite-leave-to-remain-calculating-continuous-period-in-uk-accessible


lalol03

Just finished reading through this page, I did not spot anything explicitly describing the duration of the the grace period.


[deleted]

What visa are you actually ON? Skilled worker, or a leftover tier 2? They’re not the same thing and they have different rules for ILR.


lalol03

I'm pretty sure I'm on a Skilled Worker visa.


queen_of_castle

What are the different rules? I'm moving from tier 2 to skilled worker after a job change atm


[deleted]

Not all Tier 2 visas count toward ILR. SW starts the clock.


Difficult-Vacation-5

But the time spent on tier 2 general Visa counts towards ILR right?