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I think the point that topic starter is making is that he was unemployed when he reached 4 years. From this point of view it may not really matter if you find it later or not, as you application circumstances time could be "frozen" back to that date. At least this is the approach they take when considering cases where the applicant is unemployed now, but was employed at the date of 4 years according to HSMP Forum FAQ ... not sure if this works the same the other way around though. Looks like a gray area to me ..jazbaati99 wrote:If that is the case, can you not wait till you start any job and with the pay slips apply for ILR.
Duzzar,duzzar wrote:hi guys, I am an HSMP holder and completed my 4 year period in mid March this year. Covered by recent JR ruling I should be able to apply for ILR now. However, I am really concerned about the evidence for economical activity. I lost my job in early March, which leaves 2 weeks unemployed to my last day of 4 year stay. My payslip and P45 clearly show last day of my employment. Therefore, I can't provide any employer letter and actually no economical activity since then. Is this gonna be a big problem and HO will not be happy about it? If so, what action should I do now? If it is still acceptable, what should I explain to the caseworker when I go to the interview?
Thanks so much for any thoughts.
Your guidance is to use common sense.duzzar wrote:Thanks for above replies.
yes, my concern is that even if I take a job now, it can still not change the fact I was unemployed when approaching 4 years. However, the tricky thing is according to rules, I should have been able to apply up to 28 days before 4 year stay was completed in February, and back in that time I was employed.
I cant find any guidance mentioning about this situation. What should I do?
Tech,tech wrote:The main concern here is for OP is not just about finding new employment.Based on the experiences for some applicants, casewokers still demand evidence for 5 years based on continous employment as listed below link.
http://www.ukba.homeoffice.gov.uk/worki ... ettlement/
HSMP forum in their FAQ section, did not mention anything about documentation requirements and did not seek clarification on this.
Even yesterday, they sent another letter to UKBA on some issues but didn't seek any clarification on this issue.
No it doesnt stop mucking it up with this infotech wrote:The main concern here is for OP is not just about finding new employment.Based on the experiences for some applicants, casewokers still demand evidence for 5 years based on continous employment as listed below link.
You did not quote it or understand it correctly. It doesn't say continously, meaning every single day of the visa so my point is not negatedtech wrote:I was just quoting what is mentioned in the link.
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.
just point of correction, pple used to (and am sure still do) get jobs before HSMP was approved, infact back in the day 2004/2005 it used to take 6/7 months to get approval and those with jobs used to be able to use their job offer to get their case treated as urgent. Anyway the 'continuous activitiy' clause definitely applies for HSMP / Tier1. They just don’t define what exactly it means to be in 'continous' employment'willnotbackHSMP wrote:Republique and Bani said well. This is the real things to consider.
What I can add is that if continuous employment is one pre condition to be successful in HSMP ILR , then no HSMP applicant won't / wouldn't be successful as each and every HSMPian ( who applied from outside UK) didnt get job just after landing UK means he/she was unemployment atleast only for one day.
Continuous employment condition is applicable only for WPians.