ILR + breaks in employment could lead to refusal?

[webhunter]

in the BIA website I have notice the following point as the eligibility criteria for ILR.

"have been employed, self-employed or a combination of the two throughout the five years"

Does this mean there can't be any breaks in employment in the last 5 years. What if someone was contracting and took a break of 1 month once every 4 months for a couple of years, or breaks of similar nature. I understand that an occassional month or two may be valid, but over a period of 5 year ( assuming someone was contractor) there could be several breaks, totalling up to 6 months or even more . Will such applications be refused??

[push]

Hi,

Which section are you referring to? The one under PBS says:

245E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused, unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, and the rest may be made up of leave:

(i) as a Tier 1 (General) Migrant,

(ii) as a Highly Skilled Migrant,

(iii) as a Work Permit Holder,

(iv) as an Innovator.

(c) The applicant must be economically active in the UK, in employment or self-employment or both.

in the BIA website I have notice the following point as the eligibility criteria for ILR.

"have been employed, self-employed or a combination of the two throughout the five years"

Does this mean there can't be any breaks in employment in the last 5 years. What if someone was contracting and took a break of 1 month once every 4 months for a couple of years, or breaks of similar nature. I understand that an occassional month or two may be valid, but over a period of 5 year ( assuming someone was contractor) there could be several breaks, totalling up to 6 months or even more . Will such applications be refused??

[webhunter]

Here's what is on the latest website. What you might be looking at might be old or become old soon.

Here' the latest.
The requirements for settlement
To qualify to settle in the United Kingdom under the HSMP you must:

have been living legally in the United Kingdom for the last five years; and
currently have permission to stay in the United Kingdom as a highly skilled migrant; and
have been in the United Kingdom as a highly skilled migrant, work permit holder or innovator throughout the five years; and
have maintained and accommodated yourself and any dependants without the use of public funds throughout the five years; and
have been employed, self-employed or a combination of the two throughout the five years; and
have sufficient knowledge language and life in the United Kingdom.

The link is http://www.bia.homeoffice.gov.uk/workin ... ettlement/

[push]

** duplicate post- removed**

[push]

Webhunter,

Infact what you have cited pertains toHSMp which is soon going to be replaced by the new Point Based Sysytem - tier-I. I am referring to the latest section of the immeigration rules that pertain to Tier-I. These are available at:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Even otherwise, it is a known fact that HSMP applicants need not have a job in hand before entering UK and so a number of them actually land up in UK and look for job (the search may go on for 3/6 mnths). I have never heard of any applicant being ineligible for ILR for not being employed "throughout" his 5 year stay under HSMP. However, I agree that there is no clearcut guideline as to how long can one be out of work and still be eligible for ILR.

regards,

push_hsmp

Here's what is on the latest website. What you might be looking at might be old or become old soon.

Here' the latest.
The link is http://www.bia.homeoffice.gov.uk/workin ... ettlement/

[webhunter]

I agree that there can be a gap from the time the hsmp was approved and the time you enter the country.

My question not exactly about the time spent outside UK during the 5 yr period, instead it is the break(s) in employment during the 5 yr period while in UK all the time.

What exactly "being economically active thorought the 5 yr period' mean ?( This is different from not claiming benifits etc as that is a seperate item in the requirements to meet)

What happens to someone say he does'nt have a job for 6 months or for that matter 12 months . Who knows how the job market is going to be in the coming years. And those factors should not make an applicant ineligible for ILR at the end of the 5 years.

[push]

This is what I am trying to say. Please have a look at my earlier post which you suggested was not based on latest rule (whereas it indeed was).

(c) The applicant must be economically active in the UK, in employment or self-employment or both.

The guideline no where says that you need to be employed every single day (throughout 5 years) during your stay in UK as a Tier-1 applicant. Although it is not clear as to for how long can one be out of work due to personal or economywide factors and still be eligible for LTR

hope that helps,

regards,

push_hsmp

I agree that there can be a gap from the time the hsmp was approved and the time you enter the country.

My question not exactly about the time spent outside UK during the 5 yr period, instead it is the break(s) in employment during the 5 yr period while in UK all the time.

What exactly "being economically active thorought the 5 yr period' mean ?( This is different from not claiming benifits etc as that is a seperate item in the requirements to meet)

What happens to someone say he does'nt have a job for 6 months or for that matter 12 months . Who knows how the job market is going to be in the coming years. And those factors should not make an applicant ineligible for ILR at the end of the 5 years.

[srini08]

Hi, I am new to this forum, don't know whether i am at the right place (thread) or not. please need some advice


My husband is a doctor, came to uk to write PLAB test in Sep 1998. on his passport initial stamp was '' C visit - PLAB'' valid for 6month.

within 5months of his initial period he shifted to permit free visa in Feb 1999 and started working.( applied to permit free visa from uk itself, not from his home country)

From then on he is on work permit (in October2004) and later changed to HSMP (April 2005),never had a gap.

My question is can we consider his initial visa period (first 5months in 1998) towards his ILR on 10 year long stay category.
any advice would be appreciated

[geriatrix]

Not sure of what categories of residence / stay within UK is allowed (or not) in the 10yr arrangement, but under normal circumstances (5 yr to ILR) neither the stay under C Visit - PLAB nor the one under the Permit Free Training (PFT) can be counted towards ILR.

regards

[rahsmp]

Hi
I saw this website may be use ful for you there are FAQ which may answer you query.
http://www.lawfirmuk.net/english/immigration.htm
-Ra

Hi, I am new to this forum, don't know whether i am at the right place (thread) or not. please need some advice


My husband is a doctor, came to uk to write PLAB test in Sep 1998. on his passport initial stamp was '' C visit - PLAB'' valid for 6month.

within 5months of his initial period he shifted to permit free visa in Feb 1999 and started working.( applied to permit free visa from uk itself, not from his home country)

From then on he is on work permit (in October1994) and later changed to HSMP (April 2005),never had a gap.

My question is can we consider his initial visa period (first 5months in 1998) towards his ILR on 10 year long stay category.
any advice would be appreciated

[srini08]

Thank u, i wiil check the link.
we r planning to apply under 10 year long stay category not with 5yr rule.
Anyone who applied for ILR with PLAB visa period, please share ur experience

[llNicell]

Hi,

I was at PEO yesterday to submit my ILR application after completion of 5 years under HSMP. I had submitted last 3 months original payslips, last 3 months original bank statements, Life in UK test certificate and last 5 years Income tax returns/ SA statements received from HM revenue office. My Application has not been processed and they have asked me to submit last 12 months original payslips / P60 within 14 days

Is there any mandatory requirement to submit last 12 months payslips for ILR?

Please advise