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rajendrasingh1 wrote:Hi Guys,
I called Croydon PEO today and they told me that my ILR will be rejected as I was not employed for 5 years continously (even of Tier 1 General visa).
She cited the immigration rule part 6A:
https://www.gov.uk/government/uploads/s ... _final.pdf
245CD. Requirements for indefinite leave to remain
(f) Where the applicant:
(i) received a Highly Skilled Migrant Programme approval letter issued on the
basis of an application made before 7 November 2006,
(ii) was subsequently granted entry clearance or leave to remain on the basis of
that letter, and
(iii) has not since been granted entry clearance or leave to remain in any category
other than as a Highly Skilled Migrant or Tier 1 (General) Migrant, the
applicant must be economically active in the UK, in employment or selfemployment
or both.
I am very confused and nervous now. How can they expect Tier 1 General guys to be continuously employed
Just for clarity, has your application now been refused? Or was the above just information given over the UKBA helpline? Additionally were you requested to provide P60's covering your 5 year residence period? If so did you provide them? There is no requirement to be continuously employed, but you can be economically active over the residence period without being employed every single day/month over that period. If however there is a year where you have no economic activity at all, that may certainly be questioned.rajendrasingh1 wrote:Hi Guys,
I called Croydon PEO today and they told me that my ILR will be rejected as I was not employed for 5 years continously (even of Tier 1 General visa).
She cited the immigration rule part 6A:
https://www.gov.uk/government/uploads/s ... _final.pdf
245CD. Requirements for indefinite leave to remain
(f) Where the applicant:
(i) received a Highly Skilled Migrant Programme approval letter issued on the
basis of an application made before 7 November 2006,
(ii) was subsequently granted entry clearance or leave to remain on the basis of
that letter, and
(iii) has not since been granted entry clearance or leave to remain in any category
other than as a Highly Skilled Migrant or Tier 1 (General) Migrant, the
applicant must be economically active in the UK, in employment or selfemployment
or both.
I am very confused and nervous now. How can they expect Tier 1 General guys to be continuously employed
Reading your post, IMHO the fact that you had a lower annual income over that particular year shouldn't have a negative impact on your application (purely on the basis of insufficient economic activity) Personally what I'd do, is have a personal statement with the medical certificate explaining the gap you have - to be provided if requested (assuming you are applying at a PEO). So long as you qualify with the required points you should be fine. Note that the requirement to meet the absence threadshold is independent to the economic activity requirement (even though there are instances where they overlap, if you've been overseas and unemployed at the same time), therefore you should ensure you meet both those requirements when preparing your application.tier1app wrote:I have been reading lots of topics regarding to unemployed absence; what about if you were in the UK, but you are unemployed for a while? (as you are meant to be "economically active?")
Cut the long & sad story short, I was changing job and thus purposely left a gap for some personal commitments overseas, then I had an unexpected medical situation so I couldn't make it back for the new role (which I have obtained a doctor certificate for.) I ended up being absent for just over 100 days, came back unemployed and had to look for a job.
I am now back in the market and am planning to submit my ILR application when I have enough points from my income. But I am hoping to find out if this few months of unemployment would cause any negative impact on my settlement application given that I had actually stayed in the UK? (i.e. because my income for the last tax year will be significantly lower than the others.)
Thank you, cs95tdg, that is a huge relief for me for sure; though I was planning to have the personal statement and the medical certificate as part of my application; so you are saying I should only provide it to the case workers if they asked for it?cs95tdg wrote: Reading your post, IMHO the fact that you had a lower annual income over that particular year shouldn't have a negative impact on your application (purely on the basis of insufficient economic activity) Personally what I'd do, is have a personal statement with the medical certificate explaining the gap you have - to be provided if requested (assuming you are applying at a PEO). So long as you qualify with the required points you should be fine. Note that the requirement to meet the absence threadshold is independent to the economic activity requirement (even though there are instances where they overlap, if you've been overseas and unemployed at the same time), therefore you should ensure you meet both those requirements when preparing your application.