ILR 5 years eligibility condition & effect of unemployme

[zkhan101]

If a person remain unemployed for some period in last 5 years does it effect ILR application?

I have Tier 1 General visa and would complete my 5 years in March 2014 although my visa is valid till October 2014.

I am currently unemployed been 6 months and considering not to to start a job/work for another 3 months.

So if I have 9 months of unemployment over the last five years as a Tier 1 General visa holder would it effect my application eligibility for ILR?

I understand that I would have to provide a proof of earnings over the 12 months prior to ILR application but I am wondering if unemployment/breaks over last 5 years would effect the ILR application eligibility?

245AAA. General requirements for indefinite leave to remain
(i) the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor; and

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

Kind regards,
Z

[Lucapooka]

You have cited that section of rules completely out of context. Please read the paragraph immediately prior to this - the one that begins:

(b) Except for periods when the applicant has leave as a .........

[zkhan101]

Ok Thank you for correcting me... So being a Tier 1 General visa holder am I on safe side or does the break of 9 months effect?

[[iD]]

Ok Thank you for correcting me... So being a Tier 1 General visa holder am I on safe side or does the break of 9 months effect?

You can be unemployed for any length of time as long as you meet the points when apply for extension/ILR.