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you have to look at other post via the search function for detailswebhunter wrote:Due to the current economic downturn one or more of the HSMP holders might be out of work from short to long durations.
Now my question, is there a requirement on how long one can be out of work on a HSMP visa, when they eventually qualify for ILR.
As I understand when one applies for ILR, you are required to show economic activity in the last 5 years, and what happens when one is out of work for short to long times, ane even more importantly if he/she does'nt have job when they actually apply for ILR.
Most of us will qualify for ILR sooner or later, I thought the above questions are very important/relevant to the current downturn.
there is no rule that says so which is why i said the rule of thumb is to do what i saidwebhunter wrote:my gut feeling is, it is a perfectly valid scenario for someone to be out of work when they apply for ILR ( assuming it is perfectly valid for some one on HSMP to be out of work during their 5 year period).
So based on the documentation I could find, I did'nt see anywhere mentioning that it is mandatory for someone to be employed whey they apply for ILR. I think it is more an assumption that the applicants make, than is a requirement from HomeOffice.
A plain reading suggests that you must indeed not be unemployed when you apply for ILR. (¶33E-33F reference rules for extension of stay once ILR is applied for.)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,
 (v) as a Self-Employed Lawyer,
 (vi) as a Writer, Composer or Artist.
(c) The applicant must be economically active in the UK, in employment or self-employment or both.
(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
Requirements for indefinite leave to remain as a highly skilled migrant
135G. The requirements for indefinite leave to remain for a person who has been granted leave as a highly skilled migrant are that the applicant:
(i) has spent a continuous period of 5 years lawfully in the United Kingdom, of which the most recent period must have been spent with leave as a highly skilled migrant (in accordance with paragraphs 135A to 135F of these Rules), and the remainder must be made up of leave as a highly skilled migrant, leave as a work permit holder (under paragraphs 128 to 133 of these Rules), or leave as an Innovator (under paragraphs 210A to 210F of these Rules); and
(ii) throughout the five years spent in the United Kingdom has been able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(iii) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both; and
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Indefinite leave to remain as a highly skilled migrant
135GA. Indefinite leave to remain may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 135G is met and that the application does not fall for refusal under paragraph 135HA.
Refusal of indefinite leave to remain as a highly skilled migrant
135H. Indefinite leave to remain in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 135G is met or if the application falls for refusal under paragraph 135HA.
Additional grounds for refusal for highly skilled migrants
135HA. An application under paragraphs 135A-135C or 135G-135H of these Rules is to be refused, even if the applicant meets all the requirements of those paragraphs, if the Immigration Officer or Secretary of State has cause to doubt the genuineness of any document submitted by the applicant and, having taken reasonable steps to verify the document, has been unable to verify that it is genuine.
And my first reply said just as muchwebhunter wrote:Thanks, that seem to indicate, indeed one needs to be economically active (employed) at the time of application.
I firmly believe it will additional headache to apply for ILR with out being employed at that time. However, I also would like to highlight that being economically active is also a requirement for extension. However, economically active (at least for extension) need not necessarily means employed, but alos active searching of employment.
Anyway, to conclude this thread I would say it is better to be in some form of employment at the time of ILR application. Although I think it is perfectly acceptable for some one to be out of work (for a few months time) during their 5 year period.
I certainly hope it is WP only, but my question to Borders Agency was very specific about me being on HSMP only, and they came back with this 28days business. Theyre going to process my ILR, not yourself unfortunately...hence a slight panic moment (as ive had to wait more than 28days between jobs to get SC clearances).tech wrote:This rule is applicable for work permit holders. not for HSMP or Tier1 . Hope this helps.
28 days seems unreasonable for HSMP or Tier 1 holder. HSMP or Tier 1 holder is suppose to able to change between any valid jobs without any sponsor. How could they expecting only 28 days in total within 5 years for job changing?shockboy2000 wrote:I certainly hope it is WP only, but my question to Borders Agency was very specific about me being on HSMP only, and they came back with this 28days business. Theyre going to process my ILR, not yourself unfortunately...hence a slight panic moment (as ive had to wait more than 28days between jobs to get SC clearances).tech wrote:This rule is applicable for work permit holders. not for HSMP or Tier1 . Hope this helps.
I might ask them again, to show the immigration law they are referring to...will be another few weeks to get a response...
hi, no...i will b due for ILR in december this year if it's 4 years .ran wrote:Hiya all,
Shockboy2000 is there any news on your ILR - hope there was no trouble.
But I think tech's take on the matter is correct. Probably the letter you got from HO was their standard reply in such cases and they didn't even bother to change it even though you mentioned that you were on HSMP and not WP visa. I have come across such experiences, in various member's posts about their correspondence with HO, in this forum itself.
Hope all goes well.
Regards,
Ran
It's 180days TOTAL across the 4/5 year qualifying period, not each year. You could spend 1/2 your qualifying period out of the UK if it was 180 days a year...6months in uk, 6 months notmaheshnair wrote:Hi Guys ,
ILR also says ...you can be out of country for 3 months and also 180 days in a year .
Does this mean you are in-active economically in this period ....
Usually people on HSMP are contractors , they definitely will have 1-2 months breaks between contracts ............
I think,what they actually mean by 28 days is ...If you are on work permit and say ur current work permit gets cancelled by employer ...U have 28 days to get a new work permit ......
I know a lot of guys ......who is jobless for 3 months and getting ILR