Gap in Employments - ILR problem (seniors please help)

[instant1]

Dear forum members

I am HSMP visa holder since March 2005. My current leave is valid till Feb 2012. I have a spouse (who is working) and two kids aged 5 years and 1 years. I am also covered by ILR (JR) and my ILR is already due.

I am working on my application and have some problem which I need to discuss with the member of this forum. I hope some one of you can give me some information and guidelines to make my application successful.

March 2005 - Landed in the UK
April 2005 - Jan 2006 Employed
Jan 2006 - Nov 2007 Unemployed (remained as Housewife)
Nov 2007 - Oct 2008 Self employed as Marketing Consultant
Oct 2008 - To date Self employed (owner of off license and grocery store)

I am worried about the gap in my employments between Jan 2006 - Nov 2007. Which is almost 20 months.

Honestly, I did not apply for many jobs in this period. I only have 4 regret letters from different companies in this period confirming my efforts of finding job. My husband kept working 50+ hours in this tenure to meet our living expenses.

I had some mental illness between Dec 2005 - Sep 2007. For that I have 4-5 letters from NHS hospitals confirming my appointments with them. However in none of the letters it is advised that I need to take bed rest. I am aware that If my GP can issue me a letter confirming my poor health for the said period then this can serve the purpose. However, since Nov 2007 I have also changed 2 GPs and it would be very hard to get a fresh letter from my current GP confirming my health conditions in the back dates. If I manage to get such letter, I am also not sure if he can mention the fact that I was unable to work in that period.

I need some expert advise on this issue. All I can show for this period is, 4 job regret letters, few letters from NHS confirming mental illness almost for the duration of the period.

With this kind of case and documentation, what do you think are the chances of success? What could be the possible problems in getting the ILR? OR state otherwise.

[ChetanOjha]

You need to show that you are economically active since last 4 months. That's the basic requirement. Even if your business is in loss you should be actively earning something. You need to provide relevant proofs for the same.

Your unemployments period or health issues will not affect your ILR application.

You also need to show that you have never been outside UK for more than 180 days in last 5 years and 90 days in last one year.

Other members will add more to it. Wait for them to reply.

[instant1]

Dear Cheta, many thanks for such an instant reply.

As for as my understanding is concerned to qualify for ILR you need to show economic activity for last 4 years. Please correct me if I am wrong.

If this is only the last year for which I need to show econimc activity of then I should not have any problem in getting the ILR. I would appreciate if anyone of you could highlight any UKBA policy/guidance confirming the same.

Apart from this unemployment issue for the said period. I do not have any other problem with my application. I have more than sufficient documents for the last 20 months to show my full economic activity and profitability of the business.

I await yours and others feedback on this.

[willnotbackHSMP]

They may want your bank statements of your unemployment periods to see whether you took any state benefits or not.

[instant1]

I have joint bank account with my husband, as I said earlier he has been working 50+ hours per week for whole of that duration to keep our living expenses going. His weekly salary from two jobs kept coming into our joint account. I think we always had funds in the region of 1000-3000 pounds for whole of that period.

What do you guys suggest now?

Is this unemployment period going to cause difficulty for the grant of ILR?

Members please help and leave your feedback. Some of your guys have over 1000 posts experience of dealing in the group. Please please leave some feedback and advise on this.

[ChetanOjha]

I have joint bank account with my husband, as I said earlier he has been working 50+ hours per week for whole of that duration to keep our living expenses going. His weekly salary from two jobs kept coming into our joint account. I think we always had funds in the region of 1000-3000 pounds for whole of that period.

What do you guys suggest now?

Is this unemployment period going to cause difficulty for the grant of ILR?

Members please help and leave your feedback. Some of your guys have over 1000 posts experience of dealing in the group. Please please leave some feedback and advise on this.

I think its still 3 -6 months economical activity which you should be showing. Few colleagues of mine have recently got visa for showing max 11 months of employment in last year(5th year). Don't think you should worry much about 5 years of employment.

Check in this forum for more information and help. You will find ample threads and experiences of other members.
http://www.immigrationboards.com/viewforum.php?f=3

[bani]

I agree with chetanojha. Gaps in employment are OK under HSMP/Tier1. Explain in your cover letter the circumstances of those 20 months, show the job applications you made, it should be sufficient. The fact that you have been economically active the for the past 1 year should be enough for ILR.

Instead of asking repeatedly for senior advice because apparently one or two responses is not enough for you, why not read the HSMP guidance notes pre-April 2006 (there is a link on the HSMP forum website)? Then you can see that actively looking for a job constitutes economic activity. You could also join that forum and ask there, there are examples similar to yours. You will find examples of people who had no job on the first half year of HSMP or took time off to study, are still eligible for ILR.

[mahesh008]

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

[imranahmadkhan]

Dear instant1,

Dont be afraid of the unemployment period and the period you remained ill. You dont need to mention it. Just take all your P60 and letter from your accountant. This is all you need.

[imranahmadkhan]

Dear instant1,

Dont be afraid of the unemployment period and the period you remained ill. You dont need to mention it. Just take all your P60 and letter from your accountant. This is all you need.