Do not have continuous Employment for 5 years

[mhkhan]

Dear All,

When I came almost five years ago on Tier 1 ( G), I was unemployed for about six months. Do I have to prove five years continuous employment when applying for the ILR? I am under the impression that continuous employment was only for those who came on Work Permits. It was even clear in the Immigration Rules but that article 255 is now deleted from the revised rules so am now confused.

Any advice or reassurance would be highly appreciated.

Hamad

[argus7]

Haven't seen this in the guidance, The guidance says only about 180 day period in 12 months
of each year.

But I think if you were in UK for 6 months during unemployment it should be fine. I have a similar case

I came within first 28 days to look for a job and went back after 15 days. And came back again after 59 days and then got a job in 2 months and since that period I am away from UK for only 18 days

So My absences are:

27 days from Initial EC
59 days away in the first yr
9 days in the third yr
9 days in the fourth yr.

So Does my first 27 days count . Total as of now is 101 within 180 days/5 yrs.

Thanks,

[dk2011]

There is no such requirement to be in Job for all five years for Tier 1 general applicants.

[mhkhan]

Thank you all for your replies. Another member was unemployed for a year and he also confirmed he got his ILR without any questions asked about the period he was unemployed. What a relief!!

Best wishes.

[argus7]

Reading this will help.

The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period, as long as it does not exceed 90 days. This can occur
if the applicant is delayed travelling to the UK. The period of delay will not be counted as an
absence if it does not exceed 90 days. If the delay is more than 90 days, none of the period
between entry clearance being issued and the applicant entering the UK can be included in
the continuous period calculation.

If the absences are connected to other employment outside the UK, which demonstrates the
UK employment is secondary, these are not permitted absences, and the continuous period
requirement is broken.

So this clearly means if you are in the first year or any year and unemployed and away from UK, continuous residency is broken.
But nowhere it says what duration of the period whether in 180 days.

I think here economic activity comes in to play whether you have had a job/Paid UK tax. A professional immigration lawyer will be able to understand and provide help in the above.

Thanks,

[mhkhan]

Many thanks for your detailed reply. I did some further research on this.

I reckon since there was never any word on how much should the tax be paid and Income has always only been linked with the last 12 months before application, am staying hopeful.

Additionally, the precedence of applicants getting the ILR despite similar period of unemployment is also reassuring.

[argus7]

Dear mhkhan,

When is your ILR due, let us know the outcome of your application.

Thanks,

[mhkhan]

It's in early June. And I will definitely do so.

Cheers.

[rahul656]

am also in the same situation where i spent 4 months outside uk during my first year and those were unpaid. I am due ilr in dec 2015. Please let us know the outcome of your application in june.

[smartkhan]

HSMP/Tier1 scheme was for the people who didn't have job offer before getting the visa. So it was for people who had qualifications and job experience so that they can go/come to UK and search for job. Not everyone was lucky enough to secure job in first week after landing in UK. So this question is irrelevant.

[mhkhan]

Thank you smartkhan. Another reassuring reply.

[argus7]

I suggest professional help from immigration lawyers on this point of continuous employment and residency period. Because in the first yr there will always be cases where ppl are in UK within 90 days but unemployed for more than 1 - 6 months either in UK or outside UK traveling.

I would not be surprised if the case worker rejects an application on these grounds, If this was the case they should have made it clear in the guidance that continuous employment for 5 yrs is also required , which there isnt anything like this.

Some posts say that for Tier 1 G there is no requirement to be employed for all 5 years. But there is nothing officially like this mentioned anywere

Best is to take an early extension and fill in that gap of 2 yrs or 3yrs and make up for the time. esp in the first year. Its expensive, but an assurance that next application would be an ILR. AS ILR ceases to exists from April 2018.

Best question to ask a lawyer is whether full employment of 5 yrs is mandatory towards continuous residency

Thanks,

[argus7]

There is no such requirement to be in Job for all five years for Tier 1 general applicants.

Where is this mentioned and if there is any source?

[sak20099]

https://www.whatdotheyknow.com/request/ ... us_perio_2

this may help

[argus7]

https://www.whatdotheyknow.com/request/ ... us_perio_2

this may help

Ok This looks like generic reply. Also states that seek OISC qualify specialist for any advice.Economically being active in the UK is a proof, so may be P60 for first year as evidence or tax paid in the UK while being employed .

[rahul656]

There is no requirement to be employed during 5 year qualifying period for ILR but if you are un employed and go out of uk for couple of months means you are not financially active anf not even trying to do so. In this scenario it could be a problem. I am also in the same situation and not able to make my mind to go for extension or direct ILR. During my first year i spent 4 months outside uk when un employed.

[argus7]

There is no requirement to be employed during 5 year qualifying period for ILR but if you are un employed and go out of uk for couple of months means you are not financially active anf not even trying to do so. In this scenario it could be a problem. I am also in the same situation and not able to make my mind to go for extension or direct ILR. During my first year i spent 4 months outside uk when unemployed.

I have a similar case of being unemployed for 5 months in the first half of the qualifying year, but I came to the UK within the first 90 days and returned back to home country after 15 days and came back after 59 days and remained in the country and got a job offer from Dec 2010. So my tax period for first year is only for 3 months till 5th April 2011.

Visa period started 15th July 2010 came to UK 13th August left back on 30th Aug and came to UK in Oct 28th 2010 and here since then, current LTR ends 15 July 2015. Sounds a very simple case v v less absences of less than 180 days in the whole 5 yr period so far.

I am confused with this situation, but mentally prepared to pay extra money and go for another extension in March or beginning of April 2015 and get visa from April 2015 to April 2018 and then decide for ILR anytime after 5-6 months that will give me proof all all 5 yrs as economically active. But in this period anything can happen. I am also seeking immigration advice, and would recommend others as well. its a question of Life here and future decisions.

Good luck to everyone in similar cases. Happy to help and encourage anybody that needs help.

Thanks,

[sak20099]

There is no requirement to be employed during 5 year qualifying period for ILR but if you are un employed and go out of uk for couple of months means you are not financially active anf not even trying to do so. In this scenario it could be a problem. I am also in the same situation and not able to make my mind to go for extension or direct ILR. During my first year i spent 4 months outside uk when unemployed.

I have a similar case of being unemployed for 5 months in the first half of the qualifying year, but I came to the UK within the first 90 days and returned back to home country after 15 days and came back after 59 days and remained in the country and got a job offer from Dec 2010. So my tax period for first year is only for 3 months till 5th April 2011.

Visa period started 15th July 2010 came to UK 13th August left back on 30th Aug and came to UK in Oct 28th 2010 and here since then, current LTR ends 15 July 2015. Sounds a very simple case v v less absences of less than 180 days in the whole 5 yr period so far.

I am confused with this situation, but mentally prepared to pay extra money and go for another extension in March or beginning of April 2015 and get visa from April 2015 to April 2018 and then decide for ILR anytime after 5-6 months that will give me proof all all 5 yrs as economically active. But in this period anything can happen. I am also seeking immigration advice, and would recommend others as well. its a question of Life here and future decisions.

Good luck to everyone in similar cases. Happy to help and encourage anybody that needs help.

Thanks,

my situation is similar but little different, i arrived in UK within 90 days and after 1 stay month left for business trip for 4 months, although i was employed by the UK company i was not paying tax in UK as it took some time for the employer to start processing the UK base location, but i have obtained letter from them mentioning my trips are genuine as business trips, the only concern is i am not being paid in UK for that period. I am going to apply for ILR next month.

[argus7]

well good luck with your application next month and let everyone know your outcome mentioning your case ( employment wise)By no means to discourage you here, But best get some lawyer advice of this and then apply. Unless you know of similar cases like thhese and have got ILR.

[mhkhan]

Hi,
I was in touch with the same applicant ranjeet1979, an applicant who was unemployed for a year, had very few dats outside the UK and got ILR last week.

[shace318]

I got ILR today didn’t have a job for 10 months in the 1st year (2009).
there is no reason to be continuous employment for 5 years, if you were outside UK at this period you need to
give a reason for unpaid holidays, hope this helps.

shace

[argus7]

so you were out of a job for 10 months in the first year and how many days in total out of the UK ,

This is a relief, as most of the people here were unemployed in the first year, but not away for more than 180 days.

I was away from UK for a total of 59 days unemployed and entered in first 28 days. so looks like I dont need to worry. Also I was unemployed for 5 months in the first yr but was in UK for 3 months of unemployment.

Thanks,

[mhkhan]

Hi Shace,

Congratulations and many thanks for your reply. Was waiting for someone to confirm this after getting the ILR. Am sure many, like myself, would be relieved to read your reply. Wish us luck now .

[argus7]

So it looks like if you were unemployed in the first year and away from the UK less than 180 days and arrived to the UK within 90 days is acceptable as long as the LTR expires exactly after 5 years.

[mhkhan]

[quote="argus7"]So it looks like if you were unemployed in the first year and away from the UK less than 180 days and arrived to the UK within 90 days is acceptable as long as the LTR expires exactly after 5 years.[/quote]

Argus, I think that's right. What situation are you in?