ILR Case but no Job now

[DebSen]

Hi
We came to UK with work permit in May 2006 and switched to Tier-1 (General) Migrant category in June 2009. I was employed by an Indian consulting company and had to go back to India after my assignment got over in Oct 2010. I worked for them continuous in UK since May 2006 till Oct 2010 without any break in UK. Then I worked just more than 2 months in India between Oct-Dec 2010 and then I came back to UK after resigning from my employer in Dec-2010 (less than 90 days out of UK). During this time my family (wife and kids in Tier-1 dependents) continued to live in UK and in the same address since we arrived in UK in May 2006.

After coming to UK in Dec 2010, I am still looking for Job and do not have any offer as of date although it is progressing now. As per my entry date, I am eligible for ILR in April/May 2011.

My income consisted of the following for the past 15 months:

1. My UK salary in £ (GBP) deposited in UK Bank Account.
2. My Indian salary deposited in UK Bank Account in £ (GBP) until Oct 2010.
3. My Indian salary deposited for 2 months (Nov & Dec 2010) in Indian bank account
4. Cannot show income since Jan 2011.

I am satisfying the following criteria:
1. Both my wife and I have passed the Life in the UK test.
2. I will be able to show all bank statements and payslips till Dec 2010 (for all income)
3. P60 for last two years and P45 (this year).
4. I can show a net income of £35K to £47K depending on the 12 months slab I consider out of the
15 months.

I am planning to apply in person in PEO in May 2011.

Can you please advise me on the following?

1. Is it possible to apply when you are currently not in job?
2. If the answer is NO, what is the best advice you have in my case.
3. Can I consider my salary (point 2) as UK income?
4. If the answer is YES, what are the chances that my application will be approved?
5. Is my 12 months income calculation basis is correct?
6. Is it possible to get into self employment now and then file ILR in May-2011?

Any help and suggestion will be highly appreciated.

[dr.watson]

I checked with one of my colleagues - He said that you cannot apply without proof of regular income. If u change jobs, then its recommended to have three payslips from new employer to support your case.

[DebSen]

I checked with one of my colleagues - He said that you cannot apply without proof of regular income. If u change jobs, then its recommended to have three payslips from new employer to support your case.

Thanks for the reply. I had regular income since May 2006 till Dec 2010. Will not that suffice? If I became self employed now, will that help me?

Please reply to my other Qs please.

Thanks,
Deb Sen

[dr.watson]

If you can get a job then good.

As you must be already area rules for ILR have changed as of today...So you need to prove Tier1 eligibility again + Ability to support family... for tricky case such as this lawyer representation is good.

The rule regarding Tier1 are not changing so unless there are dire reasons.. continuation is no problem and then extension... as per internal grapevine (including from corporates who provide sponsorship)...If home office change PR rules for Tier 1 converts, then if anybody who is not eligible, then Home Office need to be able to allow extensions to current visas.

[dr.watson]

The Self Employment route is open...but I think you need to build income there as well as you are converting from Tier1 - points based...

I got two or three friends who were even contracting.. and their ILR visa was rejected after three months of income because they couldn't prove longer term stability of job.... if u r asking about self run business then that's different all together... u need to show clients and have business set-up in that manner...and accountant needs to confirm your finances and state of affairs.

I think the problem is that home office see anybody switching into ILR, while having a good amount of Tier1 visa left in a different light than somebody who is nearing end of Tier1 visa... There is also more loss to such a person, because if the application is rejected, they know they can't even appeal! while in other cases, you can keep on taking judicial route and stay in country for eternity..

I know of a case who applied for hsmp in 2008 and got tier 1 visa last month!

[DebSen]

The Self Employment route is open...but I think you need to build income there as well as you are converting from Tier1 - points based...

I got two or three friends who were even contracting.. and their ILR visa was rejected after three months of income because they couldn't prove longer term stability of job.... if u r asking about self run business then that's different all together... u need to show clients and have business set-up in that manner...and accountant needs to confirm your finances and state of affairs.

I think the problem is that home office see anybody switching into ILR, while having a good amount of Tier1 visa left in a different light than somebody who is nearing end of Tier1 visa... There is also more loss to such a person, because if the application is rejected, they know they can't even appeal! while in other cases, you can keep on taking judicial route and stay in country for eternity..

I know of a case who applied for hsmp in 2008 and got tier 1 visa last month!

Hi

I called UKBA this week and they told me that I can apply so bit confused.
Can any senior member please look into my case PLEASE..

I will be able to show income of 12 months (out of the 15 required) to claims sufficient points. I read in this forum the continuous residency in UK is required and you do not need to be in Job while applying. Is this true?

Please help....

Regards,
Deb Sen

[londongirl10]

Here is a post from someone that received ILR while unemployed

http://www.immigrationboards.com/viewto ... =73711[url]

Here is also a post with my own experience

http://www.immigrationboards.com/viewtopic.php?t=75884[/url]

Be aware that each case is individual and it would be good, if you could get a job/temp job/self employed to show that you are economically active

[DebSen]

Here is a post from someone that received ILR while unemployed

http://www.immigrationboards.com/viewto ... =73711[url]

Here is also a post with my own experience

http://www.immigrationboards.com/viewtopic.php?t=75884[/url]

Be aware that each case is individual and it would be good, if you could get a job/temp job/self employed to show that you are economically active

Thanks londongirl10 for sharing these links. I called a lawyer today, who are on UKBA list, advised me that if I can show that I am actively looking for job, then it should not be an issue. I am going to call UKBA again within few days to verify the claim. I also plan to ask them once more about my case - if my application will be approved even I am not employed but satisfy all criteria. If I get a favorable response, I may try my luck by applying in person. Hope GOD helps...


Can I request some senior member to advise me please....

Regards,
Deb Sen

[poppy913]

Hi there,

Just wondering if you've got further info regarding this topic. I'm in the same shoes - eligible for ILR but currently unemployed (9 months now). Would appreciate any insight to this.

Thanks

[DebSen]

Hi
I called the UKBA twice regarding last month my case. There was one lady, seems to be very kind and professional answered my Qs. I explained her that I do not have job now and asked her if I can apply?. She said Yes and the she took almost 10 minutes to consult someone as she do not want to misguide me. The answer "Yes" has made me hopeful. Depending on this I am going to apply, of course there is some risk. Not sure what will be the outcome.. Will update in the forum when I have more detail.

You can call UKBA and discuss your case. Please update if you have some detail

Regards
DebSen

Hi there,

Just wondering if you've got further info regarding this topic. I'm in the same shoes - eligible for ILR but currently unemployed (9 months now). Would appreciate any insight to this.

Thanks

[poppy913]

Hi,

See if this link helps http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

I fall under Judicial Review (see section 245CD(f) so will need to be employed upon application. Several scenarios listed out here so you might want to read carefully.

The rules change all the time. Drives me crazy. Requirement to be employed for those who fall under Judicial Review is a April 2011 change. I'll write again if I find anything new. Appreciate if you can do the same.

Good luck!



[quote="DebSen"]Hi
I called the UKBA twice regarding last month my case. There was one lady, seems to be very kind and professional answered my Qs. I explained her that I do not have job now and asked her if I can apply?. She said Yes and the she took almost 10 minutes to consult someone as she do not want to misguide me. The answer "Yes" has made me hopeful. Depending on this I am going to apply, of course there is some risk. Not sure what will be the outcome.. Will update in the forum when I have more detail.

You can call UKBA and discuss your case. Please update if you have some detail

Regards
DebSen

[quote="poppy913"]Hi there,

Just wondering if you've got further info regarding this topic. I'm in the same shoes - eligible for ILR but currently unemployed (9 months now). Would appreciate any insight to this.

Thanks[/quote][/quote]

[dr.watson]

Hello Debsen,

Could you please kindly update on your case?

Best Regards,
Dr. Watson.

[DebSen]

Hi Watson,

I will update this case again in last week of May with what happens in my case. I plan to call UKBA sometime next week before I try my luck.

Did you call UKBA office. I suggest please make a phone call and discuss your case in details. The answer you get from UKBA may be postive.

As said wait till next week for updates..

Hi sushdmehta,
Can you please comment in my case please...

Regards,
DebSen

Hello Debsen,

Could you please kindly update on your case?

Best Regards,
Dr. Watson.

[vik_mad]

Hi Watson,

I will update this case again in last week of May with what happens in my case. I plan to call UKBA sometime next week before I try my luck.

Did you call UKBA office. I suggest please make a phone call and discuss your case in details. The answer you get from UKBA may be postive.

As said wait till next week for updates..

Hi sushdmehta,
Can you please comment in my case please...

Regards,
DebSen

Hello Debsen,

Could you please kindly update on your case?

Best Regards,
Dr. Watson.

Well i think UKBA says yes to unemployment is kind of contradicting their point system. if someone is unemployed how he/she will be able to match the points requirement for salary as per PBS?

Or out of last 15 months if somone is unemployed for 9 months and rest 6 months salary covering the specific band, will be alright.

Thanks,

[DebSen]

Hi Watson,

I will update this case again in last week of May with what happens in my case. I plan to call UKBA sometime next week before I try my luck.

Did you call UKBA office. I suggest please make a phone call and discuss your case in details. The answer you get from UKBA may be postive.

As said wait till next week for updates..

Hi sushdmehta,
Can you please comment in my case please...

Regards,
DebSen

Hello Debsen,

Could you please kindly update on your case?

Best Regards,
Dr. Watson.

Well i think UKBA says yes to unemployment is kind of contradicting their point system. if someone is unemployed how he/she will be able to match the points requirement for salary as per PBS?

Or out of last 15 months if somone is unemployed for 9 months and rest 6 months salary covering the specific band, will be alright.

Thanks,

Hi
I am able to show continuous 11 months salary, out of 15 months and getting the required points as per PBS. Not sure if this assumption is good, but I have explained them this as well.

I also as I said I am going to try my luck.

DebSen

[vik_mad]

Hi Watson,

I will update this case again in last week of May with what happens in my case. I plan to call UKBA sometime next week before I try my luck.

Did you call UKBA office. I suggest please make a phone call and discuss your case in details. The answer you get from UKBA may be postive.

As said wait till next week for updates..

Hi sushdmehta,
Can you please comment in my case please...

Regards,
DebSen

Hello Debsen,

Could you please kindly update on your case?

Best Regards,
Dr. Watson.

Well i think UKBA says yes to unemployment is kind of contradicting their point system. if someone is unemployed how he/she will be able to match the points requirement for salary as per PBS?

Or out of last 15 months if somone is unemployed for 9 months and rest 6 months salary covering the specific band, will be alright.

Thanks,

Hi
I am able to show continuous 11 months salary, out of 15 months and getting the required points as per PBS. Not sure if this assumption is good, but I have explained them this as well.

I also as I said I am going to try my luck.

DebSen

I think you will be alright then as i had the same situation when i renewed my Tier 1 and they happily accepted. Till the time you are fulfilling your criteria of banding.

[psdesai]

Look at the post below:

http://www.immigrationboards.com/viewtopic.php?t=78436

This person's experience is that employer's letter is very important dispite having proper payslips and bank statements!
I raised the question that what about people who are contractors who are not perm.

[DebSen]

Look at the post below:

http://www.immigrationboards.com/viewtopic.php?t=78436

This person's experience is that employer's letter is very important dispite having proper payslips and bank statements!
I raised the question that what about people who are contractors who are not perm.

Hi All,

I would like to share my experience. I went to Croydon PEO, had an appointment on last week (2x th May 2011) at 9.xx and reached there around 8.xx am. After security check, went to counter no xx. At the counter, one UKBA officer did the initial check on the application, entered some detail in system and put VALID stamp on SET(O) PEO application (myself + daughter), issued a token and asked me to go to 1st floor for payment.

Paid, waited in the sitting area, my no was called around 11.xx am.

The case worker first asked me the application form and proof of income only. I gave all the documents to her (Application Form, covering letter, Bank Statement, P45, HMRC letter and Pay Slips). The case worker took almost 45 mins to check all the details in the documents, did the calculation for 11 months (month by month) herself. She finally confirmed me that I have earned more than my last Tier-1 application, and is awarding me full points (45 points claimed 45 awarded). As my former employer paid salary in UK as well as in India, she asked me do you have any proof? I had the letter with me (old deputation letter of 2006) and she was ok with that.

During these 45+ mins time she asked "If I remember how much I claimed when applied initial Tier-1"
I said it was around £40K+ net and she confirmed that, and told me she is awarding 45 points to me and my net earnings is coming around £44K+ now as per her calculation, so previous earning criteria is fulfilled.

I have also fulfilled all other criteria such as..

- Completed 5 years of Lawful Staying in UK
- Less than 180 days absence from UK in last 5 years (I had around 115-120 days). No single absence is more than 90 days.
- LIUK passed
- Had sufficient fund to support myself and family

In between she asked me about my family, what is my son doing? ..and some very friendly chat.
She entered all the details of my absence in computer and did some other checks. She finally asked me one question - How will I support myself as I do not have a job. I told her that I have sufficient money, I am actively looking for job and I can proof that. Then she asked me the proof of my fund and I handed over saving bank statement. She refused to looks at job search details and other details I had.

She then consulted one of her senior case worker came back, again sat on the computer. I presume it was decision in my favor.. granting me ILR ?… But she was again called back immediately by the senior and then my hope came to end. She returned within minutes and told me that my application will be rejected and she is referring my case to refusal cell. I asked her “I have satisfied all the criteria, then why will my application be rejected?â€

[Casa]

Regrettably this is a good example of why no application that isn't 100% straightforward should be submitted in person at a PEO. The checking officers there simply don't have the authority to pass anything which requires further verification. It may be some time before you hear anything as your application will have joined the postal queue, without any greater priority.

[DebSen]

Regrettably this is a good example of why no application that isn't 100% straightforward should be submitted in person at a PEO. The checking officers there simply don't have the authority to pass anything which requires further verification. It may be some time before you hear anything as your application will have joined the postal queue, without any greater priority.

Hi Casa,
Thanks for response, I am wondering what verification they will do? I have submitted all required documents either original, other electronic copy (payslips) signed/dated by my former employer.

NO visa gaps. I do not drive or drink so 100% clean record. Any thoughts on the type of verification they will do?

Also, please advice me on other Qs?

Thanks,
DebSen


Hi All,
Can you please guide me what to do. I have not heard anything till date from UKBA.

Regards
Deb

[Manas]

Regrettably this is a good example of why no application that isn't 100% straightforward should be submitted in person at a PEO. The checking officers there simply don't have the authority to pass anything which requires further verification. It may be some time before you hear anything as your application will have joined the postal queue, without any greater priority.

Hi Casa,
Thanks for response, I am wondering what verification they will do? I have submitted all required documents either original, other electronic copy (payslips) signed/dated by my former employer.

NO visa gaps. I do not drive or drink so 100% clean record. Any thoughts on the type of verification they will do?

Also, please advice me on other Qs?

Thanks,
DebSen

Debsen,

Have you sought legal advice? I believe, you have been denied of a legitimate ILR. Tier1G Visa holders in contracting services can lose their job in a week's notice and it is a very common phenomenon in contracting that a self employed person remains economically inactive for weeks/months till they get another job. Therefore, a person who has applied for a date in any PEO, say a month before ILR is due, can lose his/her job in between and suddenly become economically inactive just days before appointment at PEO!! The only question is whether one has enough points at the time of settlement. I have not gone through the latest SET(O) form, does it ask for a letter from the employer? If one is self employed, then basically that particular person is an employee of the company that he/she has formed during starting contracting. Otherwise, if one is in T1G Visa but employed as a regular staff in a particular company (as I am) then probably one can get a letter from the employer. Many of my friends who in the last couple of months got ILR on T1G Visa (as a regular staff in our company) have taken a letter from our employer stating that this person is employed with this company from such and such date and his/her present salary is so much.
Anyway, I strongly feel that you have been denied of ILR, and am pretty much sure your case would be sorted out once you go through a solicitor and eventually would be able to claim back all your expenses from the HO.

[Casa]

Thankyou Manas for stepping in. Debsen, I'm not ignoring you, but there are those who have more knowledge than I have on this type of application.

[Manas]

Thankyou Manas for stepping in. Debsen, I'm not ignoring you, but there are those who have more knowledge than I have on this type of application.

Thanks Casa!! Yes, just because one is economically inactive, how can a T1G application be denied of ILR, even if the applicant meets the point criteria? In UKBA website, the requirement for settlement for T1G applicants never asks for economically active applicant, please correct me if I have missed out any particular clause which specifically asks a T1G applicant to be economically active at the time of ILR.
Whereas, for T2 applicants, the letter from the sponsor stating that they still need the applicant in their services and also stating that they pay the applicant at/above the appropriate rate for the particular job are two mandatory clauses.
This is why I wonder how can a T1G Visa due for settlement be denied on being jobless at the time of appointment at PEO, even though the applicant has enough points required for settlement?

[DebSen]

Thankyou Manas for stepping in. Debsen, I'm not ignoring you, but there are those who have more knowledge than I have on this type of application.

Thanks Casa!! Yes, just because one is economically inactive, how can a T1G application be denied of ILR, even if the applicant meets the point criteria? In UKBA website, the requirement for settlement for T1G applicants never asks for economically active applicant, please correct me if I have missed out any particular clause which specifically asks a T1G applicant to be economically active at the time of ILR.
Whereas, for T2 applicants, the letter from the sponsor stating that they still need the applicant in their services and also stating that they pay the applicant at/above the appropriate rate for the particular job are two mandatory clauses.
This is why I wonder how can a T1G Visa due for settlement be denied on being jobless at the time of appointment at PEO, even though the applicant has enough points required for settlement?

Hi Manas/Casa,

Thank you very much for the guidance. Worry is I have two grown-up school going kids here in UK. Since my Visa will expire next year (June End), my son will face lot of difficulty so as my daughter. I have already paid UKBA £2025 as fees (me and daughter at this moment) already and can survive few more months, as I have no choice due to my kids education.. I am continuing my job hunt as of date but after that life will be difficult.

I also felt that I should have given the ILR, but can you really say anything to the case worker if he/she is not willing to exercise the discretion power given to them ??

Regarding the Qs on the points (35 for Masters + 45 for Previous Earning+ 10 for funds+5 points for UK exp).. the case worker herself confirmed my earning which is more what I was earning during change to Tier-1 (General).

Any good lawyers in the forum, who can assist me, please contact me in PM. I will be highly obliged, will pay fees etc... but do not want to loose lot of time/money..The entire family is disturbed now...

Thanks & Regards,
DebSen

[psdesai]

It does sounds unfair and there is nothing in the policy document which suggest that you should be in the employment when you apply for the ILR. (You should be actively looking for work, which I believe you were doing). I think you have a strong case for you here.