ILR- if unemployed for more than 3months

HSMPnUK · Post by **HSMPnUK** » Wed Mar 04, 2009 1:06 pm

Hi,

What if one has more than 3 months continuous break in employment i.e (unemployed) Are they still eligible for applying residence permit?

The following is stated in the case worker manual regarding residence and employment break.

3.1. Discretion in cases where continuous residence has been broken

In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:

* [b]there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or [/b]

* there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.

NB: Decisions in such cases must be taken at HEO level or above.

In cases involving breaks in residence and/or employment or self-employment other than or in excess of those detailed above, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.

GoodFun · Post by **GoodFun** » Wed Mar 04, 2009 6:33 pm

Assuming that you are currently on the HSMP visa any break in employment is not an issue as long as you are in employment at the time you make the application for ILR.

I am not sure about employment breaks on WP visa.

HSMPnUK · Post by **HSMPnUK** » Wed Mar 04, 2009 7:30 pm

Thanks for your reply Goodfun.

Yes I am talking about HSMP visa holder entered UK in 2005.

GoodFun · Post by **GoodFun** » Wed Mar 04, 2009 8:09 pm

Part 5 (Persons seeking to enter or remain in the United Kingdom for employment) of the Immigration Rules:
"Section 135G (iii) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both;"

Note the present tense of the rule implying you just need to be employed / self-employed at the time of making the ILR application.

mahesh008 · Post by **mahesh008** » Sat Aug 01, 2009 11:09 am

Dear forum members,

I'm about to apply for ILR as I have completed my 5 years in three catagories leading the PR ( WP + HSMP + Tier1).

My concern is regarding my stay in WP.

I have acquired my WP on 27th Aug 2004 till 26 Aug 2009. But I worked for that company only till 4th Mar 2006. I have stopped my work with this company and the company has sent a Premature End of employment form to Home Office. But I have not received any letter from Home Office to leave to UK. Then I applied for HSMP which I has been approved in Oct 2006.

I was on HSMP for two years since then and also being employed. In Oct 2008 I had HSMP extension which was given as Tier1. I'm on Tier1 since then.

Can I amalgamate all these catagories and apply for ILR? Even though my work was premeturely terminated I still had a work permit which was curtailed after I have been given the HSMP.

I appricate any advice please.

Many thanks,
Mahesh

global gypsy · Post by **global gypsy** » Sat Aug 01, 2009 2:21 pm

HSMPnUK - as others have pointed out, breaks in employment while on HSMP wouldn not be an issue. However, it would be good if you have been employed for 3 months before you make your ILR application. This is because they ask for last 3 months' payslips for ILR.

Mahesh, it's extremely rude to hijack others' threads and ask about your issues that are not directly related. You can open a different thread.

IMMIGRATION LAWYER · Post by **IMMIGRATION LAWYER** » Sat Aug 01, 2009 5:46 pm

Hello,

Based on my rgular face-to-face work with caseworkers at one of the Home Office PEOs (same day appointments), if someone is on an HSMP/Tier1 visa AND he/she has P60s for 4(5) years or tax returns, that will not be a problem.

Hopefully you are NOT staying unempoyed for more then 6 months, correct ?

mahesh008 · Post by **mahesh008** » Sat Aug 01, 2009 5:58 pm

Thank you, yes the gap was not more than 6 months and I have ALL P60'S.

I hope for the best.

tech · Post by **tech** » Sat Aug 01, 2009 9:05 pm

Approvals based on 3 months payslips is no longer happens for HSMP. You have to show some economic activity for the whole period by supplying P60 or P45 or payslips. Gaps in employment won't even come into picture if you have P60's all four years. ( working some/most part of every year on HSMP)

wunder · Post by **wunder** » Sun Aug 02, 2009 1:39 am

What if someone does not have some P60s?

In my case I entered UK (on HSMP) in March 2006, I got two P60s in April 2006 and 2007, and no P60s in 2008 and 2009 as I was unemployed at the end of the corresponding tax years (in both cases I started new employment literally a week after that).

boonworkpermit · Post by **boonworkpermit** » Sun Aug 02, 2009 1:53 am

If I understand correctly, you should submit P45s that your employers sent to you when you left them in 2008 and 2009.

wunder wrote:What if someone does not have some P60s?

In my case I entered UK (on HSMP) in March 2006, I got two P60s in April 2006 and 2007, and no P60s in 2008 and 2009 as I was unemployed at the end of the corresponding tax years (in both cases I started new employment literally a week after that).

global gypsy · Post by **global gypsy** » Sun Aug 02, 2009 6:50 am

Approvals based on 3 months payslips is no longer happens for HSMP.

Not sure of this. They need to ensure you are working at the time of applying for ILR, and P60 cannot help prove this.
Recently I applied for ILR on HSMP basis, and the caseworker specifically asked me for last 3 months' payslips.

wunder · Post by **wunder** » Sun Aug 02, 2009 7:56 am

tech wrote:Approvals based on 3 months payslips is no longer happens for HSMP.

By the way, is there any source for this information? Surely such a huge change would be announced somewhere?

boonworkpermit wrote:If I understand correctly, you should submit P45s that your employers sent to you when you left them in 2008 and 2009.

Cool, I have those

Thank you!

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR- if unemployed for more than 3months

ILR- if unemployed for more than 3months

employement gap while transiting from WP to HSMP