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IRL and unemployment during Tier 1 General

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sheraz_aries
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IRL and unemployment during Tier 1 General

Post by sheraz_aries » Sun Nov 28, 2010 3:40 pm

Hi
I am on tier 1 general visa since Mar2009 , and had a gap in employment for 5 months. I have seen loads of threads regarding the employment gaps on different threads but still confused about,

1-Does the unemployment in tier 1 general will effect on ILR or not?
The below is what I found on SET(0) form.

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 evi¬dence should take the form of documents showing your personal earnings (if you are employed) or business accounts (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

Another doc for ILR has one paragraph saying:
there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;

2-Does it mean you cannot be unemployed for the period for 3 months in continuation?
(because on some threads people have mentioned that they have provided P60s for all 5 years, to show that they were economically active.

3-I cannot see anywhere on the form where they specifically asking for evidence for employment during the whole 5 years in clear words.
Many Thanks

morpheus_2008
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Post by morpheus_2008 » Sun Nov 28, 2010 5:41 pm

which is this another ILR doc are you refering to ?

Set(O) doesnt have anything about employment interruptions.

sheraz_aries
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Post by sheraz_aries » Sun Nov 28, 2010 5:54 pm

morpheus_2008 wrote:which is this another ILR doc are you refering to ?

Set(O) doesnt have anything about employment interruptions.
this is the Other doc i am refering to:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Many Thanks

antouk
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Post by antouk » Sun Nov 28, 2010 8:33 pm

this is the same question i too have raised in this thread.
-HSMP(2008)->Tier 1(2009)->ILR(2013)->Naturalisation(2014)->OCI(2014)-

sheraz_aries
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Post by sheraz_aries » Sun Nov 28, 2010 8:37 pm

antouk wrote:this is the same question i too have raised in this thread.
Yes its really confusing, i could not understand this paragraph:

there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total.

Although i saw some cases in these forum who got there ILR with having 5-5 unemployment during there HSMP...totally confused:(
Many Thanks

calvtan
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Post by calvtan » Sun Nov 28, 2010 8:43 pm

this might help?!?

LINK

calvtan
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Post by calvtan » Sun Nov 28, 2010 8:46 pm

Or this,

LINK

morpheus_2008
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Post by morpheus_2008 » Sun Nov 28, 2010 9:18 pm

I think policy document speaks about 'Discretion in cases where continuous residence has been broken' do u come under this criteria ?

If you are not , I cannt see the problem.

Also calvtan's link explains the obvious.

sheraz_aries
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Post by sheraz_aries » Sun Nov 28, 2010 9:22 pm

morpheus_2008 wrote:I think policy document speaks about 'Discretion in cases where continuous residence has been broken' do u come under this criteria ?

If you are not , I cannt see the problem.

Also calvtan's link explains the obvious.
'Discretion in cases where continuous residence has been broken'

Could you explain the above line please?
Many Thanks

sheraz_aries
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Post by sheraz_aries » Sun Nov 28, 2010 10:09 pm

morpheus_2008 wrote:I think policy document speaks about 'Discretion in cases where continuous residence has been broken' do u come under this criteria ?

If you are not , I cannt see the problem.

Also calvtan's link explains the obvious.
Does this rule apply on 5-6 months contineous gap in employment during Tier 1 general ?
Many Thanks

sheraz_aries
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Post by sheraz_aries » Mon Nov 29, 2010 1:44 pm

Can any one clearify please?
Many Thanks

sriaady
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Post by sriaady » Mon Nov 29, 2010 6:55 pm

As long as you hae P60 for your 5 years there should be no problem. They ask you for the payslips for the last 3 months and bank statements for the last 3 months. The bank account should ideally be your salary account.

I recently got my ILR granted and had a employment gap of 4 months.

sheraz_aries
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Post by sheraz_aries » Mon Nov 29, 2010 7:49 pm

sriaady wrote:As long as you hae P60 for your 5 years there should be no problem. They ask you for the payslips for the last 3 months and bank statements for the last 3 months. The bank account should ideally be your salary account.

I recently got my ILR granted and had a employment gap of 4 months.
Many thanks for your reply...
But i also got my P60 lost, is it possible to show proof of earning for the period i worked from my previous employer?

Many thanks
Many Thanks

sriaady
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Post by sriaady » Tue Nov 30, 2010 10:38 am

If you have lost your P60, then it is worth contacting your employer and asking them a copy of the P60 for that particular year. Get the copy attested by them.

Otherwise, take your P45 to show the earnings from your previous employer for that period.

sheraz_aries
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Post by sheraz_aries » Tue Nov 30, 2010 11:23 am

sriaady wrote:If you have lost your P60, then it is worth contacting your employer and asking them a copy of the P60 for that particular year. Get the copy attested by them.

Otherwise, take your P45 to show the earnings from your previous employer for that period.
Actually my employer havent got the copy of p60 and my P45 lost in post aswell. Would it will be okay to get a letter from previous employee mentioning the dates i joined and leave along with the total earning, Tax paid and NI contribution, On company letter head with HR signature?
Many Thanks

fahadz1
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Post by fahadz1 » Sun Dec 19, 2010 12:18 pm

sheraz_aries wrote:
sriaady wrote:If you have lost your P60, then it is worth contacting your employer and asking them a copy of the P60 for that particular year. Get the copy attested by them.

Otherwise, take your P45 to show the earnings from your previous employer for that period.
Actually my employer havent got the copy of p60 and my P45 lost in post aswell. Would it will be okay to get a letter from previous employee mentioning the dates i joined and leave along with the total earning, Tax paid and NI contribution, On company letter head with HR signature?
same i had situation .. call to HMRC guys and they will send you replacement which is called statment of earning... tell them you NI no and tax year you like to have your earnings

eager2learn
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Post by eager2learn » Sun Dec 19, 2010 3:48 pm

fahadz1 wrote:
sheraz_aries wrote:
sriaady wrote:If you have lost your P60, then it is worth contacting your employer and asking them a copy of the P60 for that particular year. Get the copy attested by them.

Otherwise, take your P45 to show the earnings from your previous employer for that period.
Actually my employer havent got the copy of p60 and my P45 lost in post aswell. Would it will be okay to get a letter from previous employee mentioning the dates i joined and leave along with the total earning, Tax paid and NI contribution, On company letter head with HR signature?
same i had situation .. call to HMRC guys and they will send you replacement which is called statment of earning... tell them you NI no and tax year you like to have your earnings
Hi Fahad, which number did you call for HMRC statements?

fahadz1
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Post by fahadz1 » Sun Dec 19, 2010 10:58 pm

eager2learn wrote:
fahadz1 wrote:
sheraz_aries wrote:
sriaady wrote:If you have lost your P60, then it is worth contacting your employer and asking them a copy of the P60 for that particular year. Get the copy attested by them.

Otherwise, take your P45 to show the earnings from your previous employer for that period.
Actually my employer havent got the copy of p60 and my P45 lost in post aswell. Would it will be okay to get a letter from previous employee mentioning the dates i joined and leave along with the total earning, Tax paid and NI contribution, On company letter head with HR signature?
same i had situation .. call to HMRC guys and they will send you replacement which is called statment of earning... tell them you NI no and tax year you like to have your earnings
Hi Fahad, which number did you call for HMRC statements?
this is the no ....01619319070

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