Applying for ILR while unemployed or with some unemployment

[jack902]

I understand that it is not a problem if you are currently unemployed at the time of ILR application, if you meet the points threshold. (ie your earnings in last 12 months is high enough)

But what about if you were unemployed for a long period in the previous 5 years???

I saw this extract in the official guidance notes:

"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;"

Please advise?

[wpilr_nov12]

But was this a problem with your ILR application in March 2012?

[jack902]

But was this a problem with your ILR application in March 2012?

No, it was not applicable then

It will likely be applicable when I apply again in October 2012, even though I easily meet earnings threshold.

The focus on the "180 days or 90 consecutive days" outide the UK has been extensively discussed on these forums- does the same apply to unemployment whilst in the UK as well?

[uksettlement]

No that is for absences only.

[jack902]

No that is for absences only.

Thanks, I always knew absences outside the UK is important, but why does the guidance also say "authorised employment or business here has not been broken by any interruptions of more than three months......"


By using the word "here" they are referring to work in the UK.

[turtle]

Hi I have the same query. Does it matter if you were unemployed for a long time in between, but you otherwise meet the criteria for last 12 months? I am not sure what the position is in light of UKBA guidelines as regards gap in authorized employment for more 3 months.

[sali11]

I saw this extract in the official guidance notes:

"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;"

I think the complete relevant extract is :

2.3 Discretion in cases where continuous residence has been broken
Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases
where:
 there have been no absences abroad (apart from those described in paragraph 2.1
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 for
the whole five year period.

So, it appears the this matters only in case continuous residency has been broken (due to absences from UK) in which case case worker (at HEO level) may consider aggregating/including absences due to employment and/or compelling reasons as part of continuous period.

[jack902]

Anyone have any experience here to share?

Ie, applying for ILR whilst unemployed (but meeting the 12 months earning threshold)

Many thanks. Appointment booked for October.

[jack902]

If applying while not currently in employment:

1) what do you answer in section 5.3 of the SET (O) form?
"Are you working in the UK? Yes or No

2) in 11 B of the SET (O) form:
"Provide your most recent payslip + bank statement. Dated no earlier than one calendar month before date of this application"


Anyone have any thoughts or experience here?

I can prove sufficient earnings and funds to maintain oneself, but very concerned on these points above

[geriatrix]

1. The truth.
2. The question to ask is whether 11B is relevant to you. Check!

[jack902]

1. The truth.
2. The question to ask is whether 11B is relevant to you. Check!

1. Yes, of course the truth

2. You are absolutely correct! 11B refers is only applicable to work permit holders! My apologies


I admit, I do fear caseworker immediately refuses to deal with application due to answering "NO" to current employment

[Darya]

Hello,

Sorry did you manage to get ILR? It's just I am in the similar situation. Many thanks,
Darya