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Hello!

Losing your Skilled Worker job and being made redundant can be a very stressful situation, as your visa is directly tied to your employment with your sponsor. When your employment ends, your employer is legally required to notify the Home Office, and your Skilled Worker visa will typically be curtailed, usually giving you a 60-day grace period to either find a new sponsored job, switch to another visa route, or leave the UK.

Regarding your question about seeking asylum at this stage, it's a very serious step with significant implications, and it's crucial to understand the eligibility and process.

**Understanding Asylum in the UK:**

Asylum in the UK is for individuals who have left their own country and cannot return because they fear persecution based on:

* Their race

* Their religion

* Their nationality

* Their political opinion

* Anything else that puts them at risk because of the social, cultural, religious, or political situation in their country (e.g., their gender, gender identity, or sexual orientation).

You must be unable to live safely in any part of your own country and must have failed to get protection from authorities in your own country.

**Key points if you are considering seeking asylum:**

1. **Eligibility is Crucial:** Simply losing your job and being made redundant in the UK does not, by itself, make you eligible for asylum. Asylum is about protection from persecution in your home country, not about economic hardship or changes in immigration status in the UK. You would need to demonstrate a well-founded fear of persecution in your home country based on one of the protected grounds.

2. **How to Apply:** If you are already in the UK and wish to claim asylum, you should contact the Home Office to book a screening interview. During this interview, you will explain why you are seeking asylum.

3. **No Right to Work (Generally):** Most people who claim asylum in the UK are initially not allowed to work while their claim is being processed. You would generally be provided with accommodation and support to meet your essential living needs if you would otherwise be destitute. Permission to work may only be granted if your claim has been outstanding for more than 12 months through no fault of your own, and if granted, it's usually restricted to jobs on the Immigration Salary List (formerly Shortage Occupation List).

4. **Impact on your Skilled Worker Visa:** If you claim asylum while you still have valid leave (e.g., within your 60-day curtailment period), your leave may be extended under Section 3C of the Immigration Act 1971 while your asylum claim is being considered. However, your ability to work on your Skilled Worker terms would generally cease. If your asylum claim is refused and you have exhausted all appeal rights, you would then be expected to leave the UK.

**Before you consider seeking asylum, it's important to explore other options available to you if you wish to remain in the UK:**

* **Find a New Sponsored Job:** Your primary option would be to secure a new job offer with a licensed sponsor within your 60-day grace period and apply for a new Skilled Worker visa.

* **Switch to Another Visa Category:** Consider if you meet the eligibility criteria for other visa routes, such as:

* **Family Visas:** If you have a partner who is a British citizen or has settled status in the UK, you might be able to switch to a Spouse/Partner visa.

* **Graduate Visa:** If you have recently completed an eligible degree in the UK, you might be able to switch to the Graduate route.

* **Other Work Visas:** Depending on your circumstances and qualifications, other work-related routes might be available (e.g., Global Talent, Innovator Founder, or a specific government-authorised exchange scheme).

Given the complexities and the serious nature of an asylum claim, it is absolutely essential to seek expert legal advice to understand your options fully and the potential consequences. Making an asylum claim without a genuine and well-founded fear of persecution can lead to refusal and impact your future immigration prospects.

For detailed advice, Work with Me:

Solve Your UK Visa Problems! Ask Your Questions & Build Your UK Visa Strategy!

[https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call](https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call)

As a registered Immigration Lawyer with the IAA at Level 3 - Advocacy & Appeals, I can provide expert guidance and legal representation for all types of UK Visa Applications (including EU Settlement Scheme) and British Citizenship Applications.

Hello!

Yes, when applying for a No Time Limit (NTL) application, you absolutely need to submit your old passport copy with the Indefinite Leave to Remain (ILR) or Indefinite Leave to Enter (ILE) stamp. You don't have to submit the old passport. This is crucial as it serves as the primary evidence of your existing indefinite leave status in the UK.

The NTL application is essentially a process to transfer your existing ILR/ILE status from an old-style document (like a stamp or vignette in your passport) to a more modern form of proof, which is now primarily an eVisa, accessible through a UKVI account. While you may have previously received a Biometric Residence Permit (BRP) for NTL applications, the Home Office is moving towards a fully digital system.

It's excellent that you haven't been out of the country for more than a month, as this strongly indicates you haven't broken the continuous residence requirement (which is generally not being outside the UK for more than two continuous years since you were granted ILR/ILE).

When you apply, you will typically be asked to provide:

* Your current valid passport or other identity document.

* **All passports you've held during your time in the UK, especially the one containing your LTR stamp.**

* Proof that you have not lost your indefinite leave (e.g., by remaining in the UK or not exceeding the allowed absences).

The NTL application is free, and you generally upload scanned copies of your documents online as part of the application process. You may also need to attend a UKVCAS service point to provide your biometrics (fingerprints and a photo).

For detailed advice, Work with Me:

Solve Your UK Visa Problems! Ask Your Questions & Build Your UK Visa Strategy!

[https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call](https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call)

As a registered Immigration Lawyer with the IAA at Level 3 - Advocacy & Appeals, I can provide expert guidance and legal representation for all types of UK Visa Applications (including EU Settlement Scheme) and British Citizenship Applications.

Hello! It's great to hear that you're married to a British citizen. However, the rules for Indefinite Leave to Remain (ILR) can be quite specific depending on your immigration history.

While you've been on a Skilled Worker visa for three years, marrying a British citizen doesn't automatically make you eligible for ILR at that point.

Here's how it generally works:

* **Skilled Worker Visa Route to ILR:** If you stay on the Skilled Worker visa route, you typically need to complete 5 continuous years on this visa (or a combination of certain other work visas like Global Talent, Innovator Founder, etc.) to be eligible for ILR. Your 3 years on the Skilled Worker visa would count towards this.

* **Spouse Visa Route to ILR:** If you switch from a Skilled Worker visa to a Spouse visa (also known as a Partner visa), you would typically need to complete 5 continuous years on the Spouse visa route to be eligible for ILR. The important point here is that **time spent on a Skilled Worker visa generally does NOT count towards the 5-year period required for ILR on the Spouse visa route if you switch categories.** This means if you switch now, your "ILR clock" would essentially reset, and you'd need to accrue another 5 years on the Spouse visa.

Therefore, you cannot apply for ILR just yet based on being married for three years while on a Skilled Worker visa. You would either need to:

1. **Complete 5 years on your Skilled Worker visa (if you continue on that route) and meet all other Skilled Worker ILR requirements.**

2. **Switch to a Spouse visa and then complete 5 years on that visa.**

**Key considerations for a Spouse Visa application if you choose to switch:**

* **Genuine and Subsisting Relationship:** You'll need to provide significant evidence that your marriage is genuine and ongoing.

* **Financial Requirement:** As of applications made on or after April 11, 2024, you and your British spouse typically need a combined gross income of at least £29,000 per year, or equivalent cash savings.

* **Accommodation:** You must have adequate accommodation without recourse to public funds.

* **English Language and Life in the UK Test:** You will need to pass the Life in the UK test and meet the English language requirement (usually CEFR B1 level or higher for ILR).

It's crucial to carefully consider your options. Switching to a Spouse visa might offer more flexibility in terms of employment (as it doesn't tie you to a specific sponsored employer like the Skilled Worker visa does), but it would likely delay your ILR eligibility compared to remaining on your Skilled Worker visa if you are close to completing 5 years on that route.

General Information Notice: Please note that the content provided here is for informational purposes only and is not a substitute for legal immigration advice.

For detailed advice, Work with Me:

Solve Your UK Visa Problems! Ask Your Questions & Build Your UK Visa Strategy! [https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call](https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call) As a registered Immigration Lawyer with the IAA at Level 3 - Advocacy & Appeals, I can provide expert guidance and legal representation for all types of UK Visa Applications(including EU Settlement Scheme) and British Citizenship Applications.

Hello! Thanks for reaching out. I understand this is a concerning situation for you and your family.

Regarding your Immigration Health Surcharge (IHS) refund:

Unfortunately, under current UK immigration rules, you are generally not eligible for a refund of the IHS if you leave the UK before your visa ends, even due to redundancy. The IHS is paid upfront for the full duration of the visa granted, and a refund is typically only given in specific circumstances, such as:

Your visa application was refused.

You paid the IHS twice for the same period.

You withdrew your visa application before a decision was made.

You were granted a shorter visa than you applied for (in which case a partial refund is automatic).

You are a health or care worker who qualifies for a specific reimbursement scheme, or a student with an EHIC/S1 certificate under certain conditions.

Since your Skilled Worker visa was approved and you are leaving the UK before its expiry, it's unlikely you will receive a refund for the unused portion of the IHS.

When your employer reports your redundancy to the Home Office, your Skilled Worker visa will likely be curtailed, giving you 60 days (or until your visa's original expiry date, whichever is sooner) to either leave the UK or make a new valid visa application.

For detailed advice, Work with Me:

Solve Your UK Visa Problems! Ask Your Questions & Build Your UK Visa Strategy!

https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call

As a registered Immigration Lawyer with the IAA at Level 3 - Advocacy & Appeals, I can provide expert guidance and legal representation for all types of UK Visa Applications(including EU Settlement Scheme) and British Citizenship Applications.

Hi there, thanks for sharing your situation in detail. This is a very common concern for skilled worker visa holders, and it's wise that you're thinking proactively about your ILR application.

From a general perspective, the Home Office looks at whether you've been engaging in business or self-employment while on a skilled worker visa, as this is typically prohibited. The key aspect here is your statement that you had no trading activity and didn't spend any time working on or building the business in either case. Merely registering a company might not be considered 'engaging in business' if there was truly no operational activity, effort, or financial transactions related to it. However, the presence of these company registrations on your record is something that the Home Office could inquire about.

To give you a definitive answer and assess any potential impact on your ILR, we would need to review all the specific details, including the exact dates of registration and dissolution, and confirm there was absolutely no associated activity.

It's great to hear you're planning to apply for ILR next year and consider us for your representation. When the time comes, please feel free to reach out to our office to book a full consultation. We regularly advise on complex ILR applications involving various scenarios like yours.

Thanks again for your comment, and best of luck with the dissolution process!

For detailed advice, Work with Me:

Solve Your UK Visa Problems! Ask Your Questions & Build Your UK Visa Strategy!

https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call

As a registered Immigration Lawyer with the IAA at Level 3 - Advocacy & Appeals, I can provide expert guidance and legal representation for all types of UK Visa Applications(including EU Settlement Scheme) and British Citizenship Applications.

Yes, it is advisable to explain any overstay properly along with any mitigating circumstances, preferably use a legal representative to represent you with your visa application.

For detailed advice, Work with Me:

Solve Your UK Visa Problems! Ask Your Questions & Build Your UK Visa Strategy!

https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call

As a registered Immigration Lawyer with the IAA at Level 3 - Advocacy & Appeals, I can provide expert guidance and legal representation for all types of UK Visa Applications(including EU Settlement Scheme) and British Citizenship Applications.