Eligible for ILR?

[Mardavich]

Hi,

I came to the UK in September 2002 on a student visa and finished my masters in June 2006, I was lucky enough to get a job right away and received my work permit in June 2006. In November 2008 I applied for a Tier 1 General Visa and got it. I was made redundant due to the recession in February 2009. I attempted to change my career but I have technically been unemployed since as far as I am concerned. From Feb 2010 to August 2010 I worked at a self-employed position but I made no money so I personally don't want to count that. It is now December 2010 and on Feb 2011 it will have been 2 years that I have been unemployed. I plan to apply for ILR in June 2011, my question is if I can secure a job before then, will I be ok? or is the 2 year gap too much? I have not broken any of the rules of being out of the country for too long and there has never been a break in residency.

In summary:
Sep 2002 - June 2006 Student visa
June 2006 - November 2008 Work Permit
November 2008 - November 2011 Tier 1 Migrant visa
Feb 2009 redudant and unemployed since.
June 2011 plan to apply for ILR. Will I be ok if I have a job by then?

Thanks in advance.

[surajban]

I think the gap really doesnt matter, i am appling almost the same time as you and i got a year gap, spoke to lawyer she say if you have any proof of emails that you were actively looking jobs at that time then that would be fine.

Regards
sbn

[xyz123]

keep in mind that technically you need to be "economically active" during Tier 1 stay. so how do you plan to prove that without any employment?

also keep in mind that rules might change in 2011 (may be april but thats my guess) but no one knows that for sure.

[Mardavich]

Thanks for the replies.

So to confirm, I definitely have to have a job before June 2011? I tried switching careers and though I landed a job, it was a non-paying one, not sure how to prove I was economically active during this time other than I attempted to get a job... From what I've read though, it seems that if you are in a job at the point at which you apply, then it should be fine. Can anyone confirm?

Also there's nothing to do but wait for any rule changes but hopefully they won't be retroactive or too severe whatever they are but I guess we can only wait and see on that one.

Thanks again in advance.

[xyz123]

Thanks for the replies.

So to confirm, I definitely have to have a job before June 2011? I tried switching careers and though I landed a job, it was a non-paying one, not sure how to prove I was economically active during this time other than I attempted to get a job... From what I've read though, it seems that if you are in a job at the point at which you apply, then it should be fine. Can anyone confirm?

Also there's nothing to do but wait for any rule changes but hopefully they won't be retroactive or too severe whatever they are but I guess we can only wait and see on that one.

Thanks again in advance.

please read the rules and interpret them in way you like them. a lot depends on your caseworker. there are no guarantees. try to get a job as soon as possible rather than waiting till june 2011. they ask for last 3 months bank statement and payslips so would be useful to have at least this.

do remember there is no clear requirement on Tier 1 and job for ILR. it is down to caseworker's interpretation of your situation and how much ready you are to convince him as required.

[Mardavich]

Thanks for the replies.

So to confirm, I definitely have to have a job before June 2011? I tried switching careers and though I landed a job, it was a non-paying one, not sure how to prove I was economically active during this time other than I attempted to get a job... From what I've read though, it seems that if you are in a job at the point at which you apply, then it should be fine. Can anyone confirm?

Also there's nothing to do but wait for any rule changes but hopefully they won't be retroactive or too severe whatever they are but I guess we can only wait and see on that one.

Thanks again in advance.

please read the rules and interpret them in way you like them. a lot depends on your caseworker. there are no guarantees. try to get a job as soon as possible rather than waiting till june 2011. they ask for last 3 months bank statement and payslips so would be useful to have at least this.

do remember there is no clear requirement on Tier 1 and job for ILR. it is down to caseworker's interpretation of your situation and how much ready you are to convince him as required.

Thanks again for the reply.

Having read the Immigration Rules 135G - 135HA at http://www.ukba.homeoffice.gov.uk/polic ... les/part5/.

The specific point that applies here is point (iii):
135G. The requirements for indefinite leave to remain for a person who has been granted leave as a highly skilled migrant are that the applicant:
: is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both.

The immigration rules specify that I only need to be employed at the time of applying for indefinite leave to remain. Is this correct?

In any case, I will do my best to secure a job as soon as possible.

Could you please also clarify the maximum amount of time I am allowed to be out of the country and still be eligible?

Thanks again in advance.

[xyz123]

as i said interpret rules as you like them. get a job as soon as possible and be ready with all paperwork as evidence.

with regards to days outside of UK, do bother to search the forum. there are a lot of posts relating to this subject.