ILR: Being unemployed in the first year under Tier 1

[goodssb]

Hi all

I came to the UK under Tier 1 visa and am due to apply for ILR in one year's time. I've seen people mentioning providing P60 for all 5 years. However, I did not work in the first year since I came to the UK. I was simply unemployed. Would that impact my application? I'm particuly concerned because I entered the UK 2.5 months after the start date of my initial visa. I understand that under current rules CW "may" disregard this absence.

Any help would be really appreciated.

[Lucapooka]

You need to score points based on your final year salary. What you were doing five years ago is not relevant. Delays in initial entry of up to 3 months can be included in the five year residence period if the total grant of leave is for exactly five years and you can't, otherwise, complete this. Shortfalls for any other reason (early extension) can not.

[argus7]

The new ILR counting continuous residency and employment states that there should not be a break in employment and the migrant must be economically active .

[newbie_2013]

The new ILR counting continuous residency and employment states that there should not be a break in employment and the migrant must be economically active .

This is a year old post matey , we both probably are wasting our time replying on this post.

Nevertheless It was no where mentioned in the ILR rules that there should be no break in employment (this doesnt break continuous residency at all, may be for work permits, but not for tier 1). I believe it's practically impossible for everyone to be employed for 5 years. As long as one has enough points at the time of ILR and if one satisfies other requirements like absences, no public funds, no criminal records, etc, they should be absolutely fine. Other requirements like p60s, NI contributions, HMRC history would only strengthen the documents you submit as a part of the application, but not being employed will no way deter your prospects of getting an ILR. Earning enough points at the time of the application itself proves that one is a highly skilled migrant.

[argus7]

The new ILR counting continuous residency and employment states that there should not be a break in employment and the migrant must be economically active .

This is a year old post matey , we both probably are wasting our time replying on this post.

Nevertheless It was no where mentioned in the ILR rules that there should be no break in employment (this doesnt break continuous residency at all, may be for work permits, but not for tier 1). I believe it's practically impossible for everyone to be employed for 5 years. As long as one has enough points at the time of ILR and if one satisfies other requirements like absences, no public funds, no criminal records, etc, they should be absolutely fine. Other requirements like p60s, NI contributions, HMRC history would only strengthen the documents you submit as a part of the application, but not being employed will no way deter your prospects of getting an ILR. Earning enough points at the time of the application itself proves that one is a highly skilled migrant.

Not really. Reading this from the policy guidance will help.

1.The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days.
This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

2.If the absences are in connection with other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences,
and the continuous period requirement is considered broken.

My case is similar. Came to UK first on 13th August 2010 Visa stamp EC: 15th July 2010
Came back to UK again in Oct 28th 2010.Was still employed In home country (India) till October

So according to new ILR rules my continuous residency would have been broken in the first year itself.

[newbie_2013]

The new ILR counting continuous residency and employment states that there should not be a break in employment and the migrant must be economically active .

This is a year old post matey , we both probably are wasting our time replying on this post.

Nevertheless It was no where mentioned in the ILR rules that there should be no break in employment (this doesnt break continuous residency at all, may be for work permits, but not for tier 1). I believe it's practically impossible for everyone to be employed for 5 years. As long as one has enough points at the time of ILR and if one satisfies other requirements like absences, no public funds, no criminal records, etc, they should be absolutely fine. Other requirements like p60s, NI contributions, HMRC history would only strengthen the documents you submit as a part of the application, but not being employed will no way deter your prospects of getting an ILR. Earning enough points at the time of the application itself proves that one is a highly skilled migrant.

Not really. Reading this from the policy guidance will help.

1.The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days.
This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

2.If the absences are in connection with other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences,
and the continuous period requirement is considered broken.

My case is similar. Came to UK first on 13th August 2010 Visa stamp EC: 15th July 2010
Came back to UK again in Oct 28th 2010.Was still employed In home country (India) till October

So according to new ILR rules my continuous residency would have been broken in the first year itself.

Sorry I didn't get what you've meant: You came to the UK on 13th Aug 2010, then back to the UK again on 28th Oct 2010?

My clarification is regarding unemployment during the 5 year qualifying period. Unemployment will never affect ILR application as long as you have enough points at the time of ILR application, and you have proof that you were actively seeking employment during these years. Also overseas employment can be shown as apart of ILR application as long as the absence threshold is below 180 days and if it meets other requirements. There are cases here where the applicant has successfully shown overseas employment as a part of previous earnings.

[argus7]

The new ILR counting continuous residency and employment states that there should not be a break in employment and the migrant must be economically active .

This is a year old post matey , we both probably are wasting our time replying on this post.

Nevertheless It was no where mentioned in the ILR rules that there should be no break in employment (this doesnt break continuous residency at all, may be for work permits, but not for tier 1). I believe it's practically impossible for everyone to be employed for 5 years. As long as one has enough points at the time of ILR and if one satisfies other requirements like absences, no public funds, no criminal records, etc, they should be absolutely fine. Other requirements like p60s, NI contributions, HMRC history would only strengthen the documents you submit as a part of the application, but not being employed will no way deter your prospects of getting an ILR. Earning enough points at the time of the application itself proves that one is a highly skilled migrant.

Not really. Reading this from the policy guidance will help.

1.The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days.
This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

2.If the absences are in connection with other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences,
and the continuous period requirement is considered broken.

My case is similar. Came to UK first on 13th August 2010 Visa stamp EC: 15th July 2010
Came back to UK again in Oct 28th 2010.Was still employed In home country (India) till October

So according to new ILR rules my continuous residency would have been broken in the first year itself.

Sorry I didn't get what you've meant: You came to the UK on 13th Aug 2010, then back to the UK again on 28th Oct 2010?

My clarification is regarding unemployment during the 5 year qualifying period. Unemployment will never affect ILR application as long as you have enough points at the time of ILR application, and you have proof that you were actively seeking employment during these years. Also overseas employment can be shown as apart of ILR application as long as the absence threshold is below 180 days and if it meets other requirements. There are cases here where the applicant has successfully shown overseas employment as a part of previous earnings.

I came on 13th aug 2010 and left after 15 days, to get my visa and passport stamped within the 90 days

If you see point.2 it clearly says that overseas employment breaks residency. Unless someone clarifies this point.

[newbie_2013]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 40 clearly states:

If, during the period for which we are considering the applicant’s previous earnings, he/she has earned money from outside the United Kingdom, he/she can include these in the calculation to score points for earnings. The applicant should provide details of the overseas earnings, in the original currency in which they were paid. The applicant should convert these earnings into pounds sterling by using the closing exchange rate on the OANDA website for the last day of the period for which he/she has claimed earnings in that currency.

I have been researching on this as I will be showing my overseas earnings for my ILR application next month. And I've contacted UKBA aswell. They confirmed that overseas employment can be shown (you wont get any points for UK experience, but thats not a problem if you have enough points covered in earnings)

I strongly believe the points you've quoted are for the situation if the absence threshold was exceeded.

Hope that helps.

cheers

[argus7]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 40 clearly states:

If, during the period for which we are considering the applicant’s previous earnings, he/she has earned money from outside the United Kingdom, he/she can include these in the calculation to score points for earnings. The applicant should provide details of the overseas earnings, in the original currency in which they were paid. The applicant should convert these earnings into pounds sterling by using the closing exchange rate on the OANDA website for the last day of the period for which he/she has claimed earnings in that currency.

I have been researching on this as I will be showing my overseas earnings for my ILR application next month. And I've contacted UKBA aswell. They confirmed that overseas employment can be shown (you wont get any points for UK experience, but thats not a problem if you have enough points covered in earnings)

I strongly believe the points you've quoted are for the situation if the absence threshold was exceeded.

Hope that helps.

cheers

Hope so, Let me know how your applications goes, as far as UKBA are concerned they change rules every yr and I have a long way to go......