ILR when unemployed

rkrohela · Post by **rkrohela** » Wed Jul 11, 2012 10:48 am

Hello,

I have just been made redundant from my job, I am due to apply for ILR in November 2012.

I am now going self employed, and was wondering if I cannot show any income from the business until that time, will that create any problems with ILR? I meet the income criteria as per Tier 1 requirements when I extended my visa, based on my income in the 12 months before the date of application. (My income for Nov 2011 to June 2012 exceeds 25k).

Senior members, please advise if that would satisfy all ILR requirements?

innocentdevil · Post by **innocentdevil** » Wed Jul 11, 2012 5:10 pm

if your income is within last 12 months and you score enough points with 6 months salary so that will be fine. so lets say you are showing payslips from jan12-june 12 which gives you enough points you should be fine.

rkrohela · Post by **rkrohela** » Mon Sep 24, 2012 9:37 am

I have just got a reply from UKBA Settlement, which seems to suggest that I must be in some kind of employment at the time of applying for ILR, either employed or self employed.

It appears it is NOT OK to be unemployed at the time of ILR.

Can someone shed more light as to have they got ILR when they were unemployed at the time of application?

******************************************************

QUESTION:

Just to be clear then, if I can demonstrate that I have had the required earnings in the previous 12 months but I am unemployed at the time of application, will that be ok?
********************************************

ANSWER:

Dear XXXX,

Just to be clear, you must be able to demonstrate that you are ‘economically active’ at the time of your application i.e., engaged in any type of employment.

Post by **geriatrix** » Mon Sep 24, 2012 11:00 am

People who are in employment and those who are actively seeking employment are "economically active".

ldbright · Post by **ldbright** » Mon Sep 24, 2012 2:47 pm

Is there an official definition from UKBA for "economically active"?

ldbright · Post by **ldbright** » Mon Sep 24, 2012 2:55 pm

Found the information below from internet. Here is the URL:
http://www.whatdotheyknow.com/request/i ... c_activity

"Dear Sir/Madam,

Thank you for your enquiry.

Please be advised that under the Immigration Rules a person is
considered to be economically active, if s/he is in employment or
self-employment or both. Being unemployed is not considered to be
economically active. Having a healthy bank balance has no direct
relation to being economically active or not.

Yours faithfully,

Amrit Haria
Immigration Group
UK Border Agency

If you intend to reply to this e-mail please ensure that you re-send all
the information from your original enquiry.

--
"

Post by **geriatrix** » Mon Sep 24, 2012 3:00 pm

ldbright wrote:Found the information below from internet. Here is the URL:
http://www.whatdotheyknow.com/request/i ... c_activity

Please be advised that under the Immigration Rules a person is considered to be economically active, if s/he is in employment or self-employment or both. Being unemployed is not considered to be economically active.

Ask them where is this stated in the immigration rules, as they so claim.

Also ask them where it is so written in the immigration rules that a Tier 1 (General) migrant must be either in employment or in self-employment on the date of a settlement application.

Adojay · Post by **Adojay** » Mon Sep 24, 2012 3:13 pm

It is a ridiculous statement from UKBA to state you must be employed to apply for ILR. This is clearly not the case, as there is no where on the application form you are asked to indicate if you are out of work or not. You only need to show you meet the salary/income threshold for your category for the last 12 months of the preceding 15 months prior to your application.

Just my 2 pence though.

Kind regards,

Adojay

ldbright · Post by **ldbright** » Mon Sep 24, 2012 3:33 pm

Adojay wrote:It is a ridiculous statement from UKBA to state you must be employed to apply for ILR. This is clearly not the case, as there is no where on the application form you are asked to indicate if you are out of work or not. You only need to show you meet the salary/income threshold for your category for the last 12 months of the preceding 15 months prior to your application.

Just my 2 pence though.

Kind regards,

Adojay

I would love to think you are right as it will give all of us more flexibility in this tough job market.
Is there a direct quote from the tier 1 ILR from stating that we need to be "economically active" at the time of application? If yes, the logic I see the HO applying is:

You need to be economically active but UKBA has the right to define what economically active is.

Hope we can get more people involved in this discussion - maybe someone has successfully received their ILR while unemployed.

Adojay · Post by **Adojay** » Mon Sep 24, 2012 3:49 pm

On the lighter side of things. Let's say you are lucky to be a Euromillion winner, or any lottery winner with several millions in your bank account, do you still need to be employed to apply for ILR?

Kind regards,

Adojay

innocentdevil · Post by **innocentdevil** » Wed Oct 03, 2012 11:36 am

UKBA call handlers / advisors / keyboards warriors (who reply to your emails) are not highly trained at all.

How do I know. I used to work in call centre with some guys who are now good friends. They started working in UKBA call centre in Sheffield and some of them were only like 21 years of age with no experience at all.

I bet you can get answer by googling it or better advice here.

My 2 pence

rkrohela · Post by **rkrohela** » Wed Oct 03, 2012 5:09 pm

Hi All,

I am going to visit the Croydon PEO for my ILR application.

I lost my job in June 2012 and have since been unemployed. I set up a limited company to carry on my work as a director of that Ltd. Company.

Now, I am claiming earnings from July 2011 to June 2012 and I meet the criteria. What I am concerned about is: will the caseworker ask for specific proof that I am economically active, i.e. some sort of earnings proof for the date of application?

Because I have not yet started my business activities, and I have no salary slips from my previous job after June 2012. I am including the certificate of incorporation of the company etc.

Will a covering letter also help?

Anyone who was in a similar situation or experts, please guide.

jack902 · Post by **jack902** » Wed Oct 03, 2012 5:23 pm

Adojay wrote:It is a ridiculous statement from UKBA to state you must be employed to apply for ILR. This is clearly not the case, as there is no where on the application form you are asked to indicate if you are out of work or not. You only need to show you meet the salary/income threshold for your category for the last 12 months of the preceding 15 months prior to your application.

Just my 2 pence though.

Kind regards,

Adojay

Correct, that there is no requirement to be currently in employment. But this questions is clearly asked in section 5.3 of the set o form. They also ask for your pay after tax and deductions

Post by **geriatrix** » Wed Oct 03, 2012 5:55 pm

Technically, you are employed. It is just that you employer hasn't paid you any salary or dividend(s) yet!

If you are applying in October 2012 the first thing you need to check is if you can use July 2011-June 2012 as the 12 month period!

For all those who are / remain worried regarding this issue, see this topic. And before someone comments that it is an old case, let me say that the rules have changed since.

Immigrationboards.com: Immigration, work visa and work permit discussion board

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