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Nicola-mod
Nicola-mod, Moderator
Category: Immigration Law
Satisfied Customers: 21
Experience:  Moderator
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I am a tier 2 (general migrant) holder, I have been resident

Customer Question

Hi
I am a tier 2 (general migrant) holder, I have been resident in the UK from 01/01/2011 and up till now with no absence gaps. As per regulations I have to provide a letter from the CURRENT employer stating I am still required to work when I apply for the indefinite leave to remain on December 2015. My question is what if I am going to move from the current employer to a new employer by the time of the application? Is it satisfactory to provide letter from the current employer saying I am working till the end date and also provide the new offer from the new employer as an evidence for the continuity of work in the UK?
The second question is for these employer letters how recent prior to the application time should be these letters? One month?
Many thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
This would depend on the discretion of the case worker.
I would advise you to obtain ILR first before switching to the new employer so as to avoid any complications and so as to avoid applying for another Tier 2 leave to remain with the new employer if ILR is not granted.
You would be eligible to apply for ILR 28 days before your current leave expires.
Hope this helps
Customer: replied 2 years ago.
Ok I will tell my situation exactly, I am a doctor working as a paediatric registrar currently based in the University Hospitals of Bristol, my current immigration status is tier 2 (general) migrant, the last (tier 2) leave to remain visa was granted to me on 17/07/2014, the expiry date is 20/09/2016. Because I am a trainee doctor (in run through training program) in Severn deanery the sponsor for this tier 2 visa is the deanery and not the university hospitals of Bristol which is the actual employer. The situation is I want to quit from the training program, but at the same time I will stay at the university hospitals of Bristol as they have already offered me a new job (same position paediatric registrar but not a trainee). Does that clarify my situation? You know I always thought that as per the immigration rules tier 2 visa can't be granted for more than 5 years, and that is why I thought about applying for the ILR and not just an extention for tier 2 visa because by the time I start the new job I will have completed 5 years on tier 2 visa.If there are some doubts about the success of an ILR application in my situation, would you advise me to apply for another tier 2 leave instead to ensure the application does not get refused?Thanks
Expert:  Nicola-mod replied 2 years ago.
Hello,
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Thank you!
Nicola