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Category: Immigration Law
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Experience:  Principal at IA Solicitors
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I worked for Newcastle Upon Tyne Hospitals NHS Foundation

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Hi, I'm Ibra. I worked for Newcastle Upon Tyne Hospitals NHS Foundation Trust as well as Newcastle University as a surgeon and a clinical researcher for few years now. My contract finished on 31/12/2019 and I couldn't secure a new job since. Just shortly before the 31/12/2019 I was due to apply for Indefinite Leave to Remain ILR (after being working with tier 2 visas for five years). I applied for ILR on the last day of my contract, and as expected the response from the home office in regards ***** ***** outcome of my application will take up to six months. I'm still looking for jobs that fit my specialty at the moment, but I don't know if I'm restricted to the same previous employer or I could work for other employers? What evidence of right to work I could provide to my previous employer (if I secure a job internally) or other employers? Cheers, Ibra
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: in terms of what?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I've stated my queries as above, cheers/

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Sorry, I responded in error. I will opt out for another expert. Many thanks

Customer: replied 6 months ago.
No worries, thanks. Ibra
Customer: replied 6 months ago.
Let me put my queries in orderly fashion:
Status: I have applied for the ILR (based on 5yrs of tier 2 work visas) and am awaiting a decision.
a) Can I change or start a new job with a new employer without needing another Tier 2 visa?
b) Can I change my job to a different role with my current employer?
c) Can I start my own business?


I am reviewing your question.

Anything else you want to add?

You have submitted your application for ILR and waiting for decision.

You have received certificate of acknowledgement.

You can show your certificate of acknowledgement as evidence to your current employer or new employer to secure your job.

You do not need to apply new Tier 2 visa to secure your job.

You can not do your business until you receive your decision.

I hope it will help you

Customer: replied 6 months ago.
Let me explain my situation a bit further: I've applied for ILR while I was a still employed. Now, I'm unemployed and looking for jobs. My previous employer is trying to secure some funding for me to get a job internally.From my understanding, being an applicant of ILR requires of me to resume the rights of my previous visa status (that is Tier 2). I was under the assumption that I’m restricted to work only for my previous employer and under the same role I used to hold before. Therefore, a) I’m not allowed to change my employer or b) even work for the same employer but under a different role. That at least is my understanding of the matter but I could be wrong, hence I’m asking for your advice.

Have you received letter of acknowledgement from Home Office?

Customer: replied 6 months ago.
Only an email confirming I submitted an application.

When an applicant applies for visa in HOME Office then his/her current visa is extended until the applicant receive the decision.

In your case, you have applied for ILR and previously you had Tier 2. Your ILR application is pending with the home office and your previous tier 2 visa has automatically been extended until you receive the decision.

You can continue with your previous employer with same role but you can not join new employer.

Your understanding about new employer is absolutely fine.

I hope it will help you.

Customer: replied 5 months ago.
Sorry if I'm complicating the matter further, but before my contract finished I was working under two contracts. One was full-time contract under the university as a researcher, and another honorary contract with the local NHS trust as a clinician. While awaiting the outcome of my ILR application, could I seek to work under one of the entities (instead of both)? The reason I'm asking is because uni's contract is unlikely to be renewed due to lack of funding. So I'll be left with searching for a role with the local NHS trust, and as mentioned earlier it was an honorary contract instead of the leading full-time contract.

you must work with that employer which issued certificate of sponsorship and can continue your second job as you were working previously before the expiry of your tier 2.

If you do not work with sponsored employer and continue with second employer then it will be Home office and your second employer discretion. your main job should be with your sponsored employer.

I hope it will help you

please give positive rating

Customer: replied 5 months ago.
That's very helpful, but could you explain your second paragraph in details please? If my second employer (i.e through the honorary contract that I had with the local NHS trust) offers me a job, does that mean I need to apply for a tier 2 visa and then start working? Cheers, Ibra

if you want to keep your second job as your main job then you will have to apply tier 2 but your ILR application is pending with home office.

It is better for you to continue with your previous employer and can continue with your second employer as well.

I know it is difficult but this is better for you in your current circumstances.

I hope it will help you

IA Solicitors, Solicitor
Category: Immigration Law
Satisfied Customers: 1833
Experience: Principal at IA Solicitors
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