# When can I resign after being granted ILR?



## ihateclouds (May 16, 2012)

Hi,

I'm applying for ILR same-day this week and wondering when it's ok to give notice at my current job (the company that is sponsoring me on ICT-Tier 2)?

I've been told once I leave the PEO with a certification letter, my ILR will be official and I can in theory resign on the spot. I've also heard that I should wait until I receive my BRP..I'd prefer to do so earlier.

I just want to make sure there will be no ramifications of giving notice the same day I receive ILR. 

Thanks all.


----------



## Joppa (Sep 7, 2009)

I suppose you can resign straightaway but I'd wait till you get your BRP confirming your ILR. You only need to wait a week or less.


----------



## ihateclouds (May 16, 2012)

Thanks for the reply Joppa. Understand it's probably safer to wait.

However, when you leave the PEO, you are issued a letter which confirms ILR though as well, correct? 

Also - My employer would have no right to contact the home office and try to mess anything up right?


----------



## Joppa (Sep 7, 2009)

Well, anything can still happen and Home Office can change their mind. Once you get your BRP, their ability will be limited unless the permit was issued in error etc, for example, it later transpires you submitted forged documents.


----------



## ihateclouds (May 16, 2012)

Joppa said:


> Well, anything can still happen and Home Office can change their mind. Once you get your BRP, their ability will be limited unless the permit was issued in error etc, for example, it later transpires you submitted forged documents.


Ok - thanks for the advice. I guess I should wait to be safe. 

It's always a bit confusing to me as the home office requires the current employer verification letter, but then ILR frees you from that responsibility. I have another job offer, so it isn't like I'm planning on hopping on the dole or anything like that...


----------



## Joppa (Sep 7, 2009)

Which you will be entitled to do. What they will be concerned about it that the job documents you present are genuine and confirm your current employment. While your case will in most cases be decided on the same day, this isn't invariably so and people have had a delay of a few weeks while they took time to check up on details, including contacting their employer. They were a bit peeved that although they were eventually approved, they was no refund of extra fees paid for premium service. UKVI don't promise to reach a decision on the same day.


----------



## Pallykin (Mar 30, 2014)

Related question... Do employers not look kindly on people switching from Tier 2 or Tier 2 ICT to some other visa such as spouse (or ILR as in this case)? I was wondering if no longer needing sponsorship (so they could potentially use it for another role) would be a plus, or if they view it as more like a stab in the back, or an act of disloyalty?


----------



## Joppa (Sep 7, 2009)

In most cases they will be glad that you (and they as sponsor) are no longer subject to odious responsibility under Tier 2.


----------



## ihateclouds (May 16, 2012)

Pallykin said:


> Related question... Do employers not look kindly on people switching from Tier 2 or Tier 2 ICT to some other visa such as spouse (or ILR as in this case)? I was wondering if no longer needing sponsorship (so they could potentially use it for another role) would be a plus, or if they view it as more like a stab in the back, or an act of disloyalty?



This is something I've wondered as well. 

Obviously they sponsored you for 5+ years, but they should be aware of the legal rights you have to gain ILR. In my opinion, 5 years of service to a company where your hands are basically tied to stay employed with them is plenty of time.


----------

