Definition of lawfully economic activity

[willnotbackHSMP]

Any one can give any link/ref related to definition of lawfully economic activity followed by HO specially for HSMP category, please ? I am looking but cant find anywhere. Thanks in advance.

[kenilelk]

Any one can give any link/ref related to definition of lawfully economic activity followed by HO specially for HSMP category, please ? I am looking but cant find anywhere. Thanks in advance.

From dictionary:
Economically active - People aged 16 or over who are either in employment or are registered unemployed.

HO current understanding:
1. - "in the United Kingdom in employment, self-employment or a combination of both".

Old HO definition for HSMP extention cond. after the 1st year:
2. "(ii) has already taken during his period of leave all reasonable steps to become lawfully economically active in the United Kingdom in employment, self-employment or a combination of both;"

Therefore, comparing 1. and 2., "seeking a job" activity is not uncluded to a "lawfully economically activity" in the current HO understanding.

[yasa]

Any one can give any link/ref related to definition of lawfully economic activity followed by HO specially for HSMP category, please ? I am looking but cant find anywhere. Thanks in advance.

From dictionary:
Economically active - People aged 16 or over who are either in employment or are registered unemployed.

HO current understanding:
1. - "in the United Kingdom in employment, self-employment or a combination of both".

Old HO definition for HSMP extention cond. after the 1st year:
2. "(ii) has already taken during his period of leave all reasonable steps to become lawfully economically active in the United Kingdom in employment, self-employment or a combination of both;"

Therefore, comparing 1. and 2., "seeking a job" activity is not uncluded to a "lawfully economically activity" in the current HO understanding.

Thats perfect...

[willnotbackHSMP]

Any one can give any link/ref related to definition of lawfully economic activity followed by HO specially for HSMP category, please ? I am looking but cant find anywhere. Thanks in advance.

From dictionary:
Economically active - People aged 16 or over who are either in employment or are registered unemployed.

HO current understanding:
1. - "in the United Kingdom in employment, self-employment or a combination of both".

Old HO definition for HSMP extention cond. after the 1st year:
2. "(ii) has already taken during his period of leave all reasonable steps to become lawfully economically active in the United Kingdom in employment, self-employment or a combination of both;"

Therefore, comparing 1. and 2., "seeking a job" activity is not uncluded to a "lawfully economically activity" in the current HO understanding.

Well. But if we look in the SET(O) form HO has given a guideline about what nature of document(s) the ILR applicant have to submit. It says :

'' (9H) Highly skilled migrant under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy document If you are applying for indefinite leave to remain on completing 4 years’ continuous stay in the UK under the Highly Skilled Migrant Programme (HSMP) and other appropriate categories, in addition to the relevant documents in 9A, you must provide the following:

If you are employed, document(s) showing your economic activity and your personal earnings during your stay in the UK.

If you are self-employed, you should provide evidence of the progress of the business.

If you were given leave in other categories leading to settlement before being granted permission to stay
under HSMP and would like this stay to be taken into consideration in your application for indefinite leave to remain, you
should provide details of the categories involved and the periods spent in each of them.''

On the other side for the Tier-1 category the form says :

''(9L) Tier 1 (General) migrant If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in the UK made up of leave as a Tier 1 (General) migrant and leave as a highly skilled migrant, work permit holder,innovator, self-employed lawyer or writer, composer or artist, in addition to the relevant documents in 9A, you must provide
the following documents:.

Evidence that you are economically active in the UK in employment or self-employment or both. The evidence should take the form of documents showing your personal earnings (if you are employed) or the business (if you are self-employed).

For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules.''

So, SET(O) form mentioned that for HSMP ( under ILR JR) applicant have to show evidence economic activity and personal earnigns. It didnt say economically active in employment or self employment or both. It is only for T-1 applicant.
There are two criteria : economic activity and personal earlings. Personal earlings represent employment then what economic activity reprsent ? ( ' job seeking' ?)

And if one didnt find job for sometimes during his 4 years time how it will be considered by case worker ?

Any idea from expertise ?

[push]

Economic activity generates income. Thus having an income is a proof of being economically active

[tech]

The HSMP JR policy guidance and recent caseworker guidance clearly states applicant should be working at the time of application. That is all required on economic activity.Caseworker guidance is very explicit about this.

But concession will be given to applicants who are already in 5th year and not working as decribed in the below link. see Point no 6
http://www.hsmpforumltd.com/letter_from ... 05.09.html

But four year personal earnings documentation is to make you are supporting yourself with out need for public funds. Your application won't be refused if you don't supply this but would cause delays.

HSMP forum requested to grant ILR automatically based on extension rather asking applicants to prove all 4 years again. See point 6
http://www.hsmpforumltd.com/letter_to_U ... 05.09.html


This is my understanding based guidance notes from caseworker and policy document.

[willnotbackHSMP]

Tech

Thank lots for your info.

Take care.

[Kelvin]

Hi Tech,

Can you give us a link to the case worker guidance you mentioned below?


Thanks,

Kelvin

The HSMP JR policy guidance and recent caseworker guidance clearly states applicant should be working at the time of application. That is all required on economic activity.Caseworker guidance is very explicit about this.

But concession will be given to applicants who are already in 5th year and not working as decribed in the below link. see Point no 6
http://www.hsmpforumltd.com/letter_from ... 05.09.html

But four year personal earnings documentation is to make you are supporting yourself with out need for public funds. Your application won't be refused if you don't supply this but would cause delays.

HSMP forum requested to grant ILR automatically based on extension rather asking applicants to prove all 4 years again. See point 6
http://www.hsmpforumltd.com/letter_to_U ... 05.09.html


This is my understanding based guidance notes from caseworker and policy document.