Tier 1 to ILR and Redundancy

[transporter]

Hi,

I came to UK on HSMP in end of Feb 2008 and later moved into Tier 1. will be completing 5 years on 28 Feb 2013 and have been in full time employment.

Now i have been made redundant effective 31 Dev 2012 and by this time i would have earned enough to score the points for salary criteria. If i am unable to find a new job before i make the application for ILR in Feb 2013, would the application be rejected? please advise.


The reason i ask this is the following note from UK Border Agency in response to a Freedom of Information request. I am unable to ascertain whether this applies to Tier 1.

---
Note

135G (iii)that the applicant is lawfully economically active in the
United Kingdom in employment, self-employment or a combination of
both.

1. In order to meet this requirement an applicant must be in employment,
self employment or a combination of both when they apply for indefinite
leave to remain (ILR). Where this is not the case, they will not
qualify for indefinite leave to remain and should look to extend their
leave under the relevant immigration category.

---

[geriatrix]

See also ILR Case but no Job now

You may say that the topic is outdated - but the rules haven't changed since.

And, for the sake of accurate reference, para 135 is not applicable to you, 245CD is.

[transporter]

Dear sushdmetha, many thanks for the reply. much appreciated.

I looked through section 245CD of the following link and my findings are as follows:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

It states that '(f) Where the application is being made under the terms set out in Appendix S, the applicant must be economically active in the UK, in employment or self-employment or both.'

The Link for Appendix S is
http://www.ukba.homeoffice.gov.uk/polic ... appendixs/

which states that

1. In this appendix, all references to the Highly Skilled Migrants Programme refer to the scheme of that name that operated until 7 November 2006.

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In my case, HSMP approval was granted on 23 August 2007 based on the qualifying criteria from 05 December 2006.

[geriatrix]

245CD(f) does not apply to you, nor does Appendix S.

You are not an HSMP migrant but a Tier 1 (General) migrant, so stop looking at rules that refer to and are relevant to HSMP migrants.