WP + HSMP > ILR (economic activity)

[GoodFun]

I have been in the UK on a WP since Jul 2004, I then changed to a HSMP in Jul 2007 was given an extension for 2 years hence my WP + HSMP equate to 5 years (in Jul 2009) enough time to get an ILR.

I have a question about the importance of economic activity when deciding ILR cases.

Obviously when I was on a WP, I was in full time employment, then full time employment for 3 months into my HSMP. However following that for 6 months I was out of work (self studying) retraining for a career change living off personal savings. Following that I got a full time management trainee job for 6 months and subsequently a permanent job with the same employer.

Now from the guidance on the SET(O) form, I understand that economic activity has to be listed in the application to account for time spent in each category. My timeline looks something like this.

Jul 2004 - Jul 2007 (WP) - full time employment (fixed term contract)
Jul 2007 - Sep 2007 (HSMP) - full time employment (fixed term contract)
Sep 2007 - Mar 2008 (HSMP) - no employment (self study)
Mar 2008 - Oct 2008 (HSMP) - full time employment (fixed term contract)
Oct 2008 - Jul 2009 (HSMP) - full time employment (permanent contract)

If anyone has been through a similar situation can they please advise as to how is my Sep 2007 - Mar 2008 period going to be viewed for the purposes of my ILR application by BIA. I have not yet come across the guidance notes for SET(O) applications to deal with such cases and can therefore not understand how things work with regards to periods of no economic activity in ILR applications.

[republique]

I have been in the UK on a WP since Jul 2004, I then changed to a HSMP in Jul 2007 was given an extension for 2 years hence my WP + HSMP equate to 5 years (in Jul 2009) enough time to get an ILR.

I have a question about the importance of economic activity when deciding ILR cases.

Obviously when I was on a WP, I was in full time employment, then full time employment for 3 months into my HSMP. However following that for 6 months I was out of work (self studying) retraining for a career change living off personal savings. Following that I got a full time management trainee job for 6 months and subsequently a permanent job with the same employer.

Now from the guidance on the SET(O) form, I understand that economic activity has to be listed in the application to account for time spent in each category. My timeline looks something like this.

Jul 2004 - Jul 2007 (WP) - full time employment (fixed term contract)
Jul 2007 - Sep 2007 (HSMP) - full time employment (fixed term contract)
Sep 2007 - Mar 2008 (HSMP) - no employment (self study)
Mar 2008 - Oct 2008 (HSMP) - full time employment (fixed term contract)
Oct 2008 - Jul 2009 (HSMP) - full time employment (permanent contract)

If anyone has been through a similar situation can they please advise as to how is my Sep 2007 - Mar 2008 period going to be viewed for the purposes of my ILR application by BIA. I have not yet come across the guidance notes for SET(O) applications to deal with such cases and can therefore not understand how things work with regards to periods of no economic activity in ILR applications.

this is a non issue for hsmp holders. all you need to show is a p60 for 5 years and be currently working to get ilr

[GoodFun]

this is a non issue for hsmp holders. all you need to show is a p60 for 5 years and be currently working to get ilr

Just been reading the requirements for ILR for HSMP holders (135G) from the immigration rules:

http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

(iii) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both; and

What is the definition of "lawful economically active". Is this requirement going to cause a problem considering that I was still living off my personal savings whilst I was retraining.

[republique]

this is a non issue for hsmp holders. all you need to show is a p60 for 5 years and be currently working to get ilr

Just been reading the requirements for ILR for HSMP holders (135G) from the immigration rules:

http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

(iii) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both; and

What is the definition of "lawful economically active". Is this requirement going to cause a problem considering that I was still living off my personal savings whilst I was retraining.

you have just gone in a circle
your question has been answered

[GoodFun]

you have just gone in a circle
your question has been answered

Thanks for the reply. I did not see the present tense of the requirement for being economically active.

(iii) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both; and

This implies that one has to be economically active at the time of the application.

Just out of curiosity has anyone seen the internal guidance for indefinite leave following a HSMP visa under freedom of information. UK BA has only published the guidance for settlement following a work permit which is out of date too.