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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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There, I am currently on Tier 2 General visa category,

Resolved Question:

Hello there, I am currently on Tier 2 General visa category, with annual pay of 33K. I need 5 years to get ILR. its been already 3 years now. i need 2 more years to get ILR. But there is now another company who is offering me better pay 36K and they will provide me Visa as well. so my question is do i have to spend another 5 years with this new job to get ILR or i need 2 more years only to get iLR ?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
Provided that your new company is willing to sponsor you and you apply to switch your sponsor of your tier 2 visa then your residence period Will be maintained.
This means that once you reach 5 years taking into account the three years residence period that you already have and you will be able to apply for indefinite leave to remain.
If you did not apply to switch sponsor or switched to another visa then the residence period of 3 years that you have built up would be lost.
However if you do a apply to switch the answer to your new tier 2 employer sponsor for new residents will be maintained and you will be able to apply for indefinite leave to remain in two more years
Kind regards
Tom
Customer: replied 2 years ago.
Ok thanks for your response. Can u pleade also confirm my previous employer was paying me 33K but this new employer is paying me 30K but due to the fact that this new job is more related my engineering field thats the reason i want to switch. So can i get visa easily ?
Expert:  Thomas replied 2 years ago.
Hi
I will be able answer at 9 a.m
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Obviously in order to apply for ILR after switching sponsors you have to show that you have remained in compliance with the tier 2 general conditions.
This means that you must earn the appropriate salaries in both roles. However, it seems that your salary – though you have said £36k for the new job in your original answer, but only £30k in your most recent reply – will be fine. This is because this is above the salary requirement.
So if you propose to change job then you would have to apply and change your sponsor to ensure that a new COS is issued with the correct (new) salary on it. If you do this then you should be fine.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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