(WP+HSMP) leading to ILR

[NMSheikh]

Hello,

My query is related to ILR. I have a typical scenario for which I could not see any discussion on the new or old immigration discussion boards. Here is the background:

1. I came to UK on 29 July 2000 with my family (spouse and a kid) on a 3 years WP.
2. Our passports were stamped for the visa valid up to 29 July 2003.
3. Under redundancy I lost my job on 04 July 2002.
4. Decided to stay in UK and to look for another job. No success but remained in UK.
5. Switched to HSMP on 10 October 2002 (valid up to 10 Oct. 2003)
6. I got a consultancy job on 19 Feb 2003 under which I had to spend frequent time overseas (none of the overseas stay was more than 3 months)
7. My salary was disbursed in UK with due tax & NI deductions.
8. Got my HSMP renewal for 3 years (now valid up to 10 Oct 2006)
9. My contract finished on 15 Oct 2003.
10. Since then I am again on a job hunt.

Based on the clear assumption that time spent under both the categories, WP & HSMP can be amalgamated I intend to apply for ILR by end June 2004 (completing 3 years 11 months).

As per many discussions, one of the documentary requirements is the provision of letter confirming current employment but that is for WP holders. Does any one have such experience or knowledge that while applying for ILR under HSMP, is it a must that applicant should be in employment (or self employment)? Please note that employment is not a requisite for initial grant of HSMP neither for its renewal. However, I have had a reasonable economic activity in between and now continuously on a job hunt. All the tax and financial documents (P-60, P-45 & bank statements) are in line. Savings are over £20K.

Looking forward for the views of experts and/or member under similar circumstances.

Regards

[Chess]

NM Sheikh,

As soon as you are very economically active (i.e in employment, self employment or a combination of both), after June 2004, you should then apply for ILR.

It would be helpful that you are in employment whilst applying for ILR. Unlike WP, you do not need a letter from your employer to support your ILR application, however if the employer provides a letter - no problem.

Further guidance from home office:
http://www.ind.homeoffice.gov.uk/defaul ... ageId=3201


Good Luck

[Joseph]

NMSheikh

Chess is right, you have to be economically active at the time you apply for ILR. See 135G(iv) below:

(iv) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both.

I am in almost exactly the same boat as you, although I am already eligible for ILR now from a time perspective. I plan to apply as soon as I land a job or assignment and can show a couple of months of payslips, billing etc.

I guess there's really no need to rush, given our 3 year extensions. The main consideration in getting ILR now is that it allows you to apply for nationality earlier.

Joseph

Joseph

[NMSheikh]

Thanks Chess / Joseph

Regards

[AtW]

Chess is right, you have to be economically active at the time you apply for ILR. See 135G(iv) below:

Joseph, surely if one wants to be self-employed on HSMP, then that person can register Ltd and (say like I plan myself) start developing software - revenues may not and should not be expected to come on Day 1, because it takes time to actually develop product, I think this is as lawful economical activity as it gets.

Also, "economically active" is not defined anywhere, and while we know that earning money, while being employed, will definately fit it, I am not convinced that self-employment options as above are not satisfactorily especially if they only take few months before ILR.

Specifically in ILR document for self-employed HSMP holders they say:

"If you are applying under the Highly Skilled Migrant Programme (HSMP), document(s) showing your economic activity and your personal earnings during your stay in the UK, if you are employed. If you are self-employed, you should provide evidence of the progress of the business. If you have been given leave to enter or remain in other categories leading to settlement before being granted permission to stay under HSMP, and you would like this stay to be considered in connection with your pplication for indefinite leave to remain, you should provide details of the categories involved and the periods spent in each of these categories."

I therefore conclude that it is NOT necessary to be earning money while being self-employed on HSMP in order to qualify for ILR - evidence of progress in business is acceptable proof of "economical activity", particularly if it happens a few months before you qualify for ILR because no business can be expected to be profitable from Day 1.

URL: http://www.workingintheuk.gov.uk/workin ... /SET_O.pdf

[User]

From my experience, I can confirm that the ILR team wanted to specifically see my salary slips or dividend declarations from my own company (I am self employed).

They insited to see my business plan and Bank statements and Tax and NI payments information and matched these with my bank statement income and outgoings.

Although the interpretation can be that you just need to show evidence of business progress, practically they want to see your self-employment business bank statements and whether you have been paying either NI class 4 or class 1 payments and any Income tax.

regards.

[AtW]

thats bad - looks like I will have to stick to my current job for few more months

I guess if they are so insistant on paying yourself salary at early stage then thats what initial shareholders funds could be used...

User, how long were you running your business (months) before you applied for ILR? And were you on HSMP at the time of application?

[Joseph]

AtW

(iv) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both.

The standard for getting ILR is certainly higher than renewing HSMP. Also as User can attest, they pay particular attention to the payment of tax and NI for self employed persons, either for renewal of HSMP or ILR. The word "lawfully" is the operative word, meaning that they want to see payment or deposit of NI and Income Tax. Collecting revenues or billings without promptly making these deposits will not be looked upon favorably. Regular employment is not a problem because PAYE is supposed to take care of that, which is why they still like to see payslips.

That being said, suppose that you were running a consulting business for a number of years under HSMP and you collected revenues and paid tax and NI for your various projects lasting a few months each. Suppose that when you qualified for ILR, you were between projects and were not making revenues at that time. I would argue (my opinion here!) that they should still give you ILR because the nature of your business is that your billings are not necessarily constant throughout the year. Of course, to convince them you would have to show your historical accounts and payments to Inland Revenue.

Joseph

[AtW]

This all fine but what if we have the following situation here:

37 months on work permit - employed
8-7 months on HSMP - employed
2-3 months on HSMP - started business but due to time required to develop product no revenues

I think it is reasonable to expect to receive ILR on the balance that most of time on HSMP I was employed - ie economically active, (got payslips etc) and just before I qualified for ILR I started business, which understandably won't generate money in the first few months - which will be in my business plan. The business I am going to start is _true_ business, unilke Ltd shells used to minimise taxes for people who are essentially employees, hence there has to be a lag between start and first revenues due to product development.

I understand that ILR starndarts are higher, but they say it in black in white that so long as business progress is shown its fine, especially considering small periods involved.

I think I will stick in my current employment for little longer to be sure, but I like to know options just in case I have to leave.

[Joseph]

I think the time you were employed under HSMP would definitely help your case for ILR. If you applied for ILR under that scenario you would be a good "test case" for this forum.

Still, I agree with your caution in keeping your employment job as long as possible. If you did both jobs at least until you got ILR (you can apply after 3 years and 11 months) you would remove any doubt about getting a quick approval.

Joseph

[AtW]

Yeah I agree - it will be a "test" case, but I think the odds are very good, not least due to the nature of business (will be detailed in business plan). My bank account is also very good so they should have no questions regarding me rushing to drain public funds after I get ILR.

I might opt to go for it 1-2 months before the time, will get back on this one once I get or not get ILR! Should I fail to get ILR, I think I will still have good odds to get my HSMP renewed as I have been in well paid employment most of time.

One more question to this - I had 2 weeks break between work permits, should I wait extra 2 weeks before I apply for ILR or consider that time counted towards ILR? The break was due to Home Office taking time to process new work permit - the old one has not expired at the time, however it may have been few days past last working day in the previous place.

thanks

[Joseph]

No, you don't have to worry about the 2-week gap between work permits. You can apply for ILR starting from 28 days before your 4-year anniversary of your first WP entry into the UK.

Good luck on your ILR application, whatever you decide to do.

Joseph

[AtW]

thanks Joseph - I will update this forum on whatever happens, cant wait till I get ILR - should I find myself employed at that time I will resign next day

[AsherY]

Hi all,

I got my ILR few weeks ago, which was based on a combination of WP+HSMP. Just wanted to share my experience with this forum.

My case was rather straightforward. I spent about 20 moths on WP. While observing the frequent layoffs in the telecom market, I switched to HSMP. In 5th month of HSMP my job ended. After 2 months job hunting I found another job, which I am still holding. After spending 3 years 11 months and 5 days in UK, I booked the appointment, went to Solihull PEO, made the payment, presented my case (covering letter, Passports –self & family, Old WP, HSMP award letter, HSMP extension letter, employment contract, wage slips, bank statements, tenancy agreement and P-60s). They asked noting and stamped our passports.

Good Luck to all
Regards

[geejay]

Hello!

I got HSMP in Nov 2003 and then FLR till Nov 2007. Because of new rules, failed to quailfy but won AIT. HO appealed against and was overruled. However,HSMPs won JR in the meantime.

Now I have to send passports but according to the JR judgement, I am entiltled to ILR after 4 years that would be Nov 2007.

I resigned from FT job in Dec 2007 and started business in which I am a shareholder. I havenot yet taken anpother job as the new business requires time.

Can someone please advice how to apply for ILR according to the new judgemnt as my understanding is that my passport should not be stamped for another one years as 5th yr extension.