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ILR - "Being Economically Active" Explanation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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pwangchn
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Joined: Mon Mar 11, 2013 8:48 am

ILR - "Being Economically Active" Explanation

Post by pwangchn » Mon Mar 11, 2013 8:53 am

Dear all.

I'm in Tier one General Visa and just got my extension, thinking about applying for ILR in two year time. I have a question regarding the following paragraph in Guidance – ILR – calculating continuous period in the UK – v7.0:

"The Secretary of State considers the granting of ILR in the UK to be a privilege and the continuous period requirement is the minimum amount of time which a migrant must spend in employment or being economically active in the UK before being eligible to qualify for ILR."

Could anyone please specify the term "in employment or being economically active in the UK"? If employed, does it have to be employed by a UK company? If a person is employed by a foreign company, and his salary is paid in foreign currency, but his work is physically carried out in UK. Is the situation qualified as being economically active?

Thanks a lot.

Pengfei

selva
Member
Posts: 204
Joined: Wed Aug 17, 2011 3:21 pm

Re: ILR - "Being Economically Active" Explanation

Post by selva » Mon Mar 11, 2013 10:10 am

pwangchn wrote:Dear all.

I'm in Tier one General Visa and just got my extension, thinking about applying for ILR in two year time. I have a question regarding the following paragraph in Guidance – ILR – calculating continuous period in the UK – v7.0:

"The Secretary of State considers the granting of ILR in the UK to be a privilege and the continuous period requirement is the minimum amount of time which a migrant must spend in employment or being economically active in the UK before being eligible to qualify for ILR."

Could anyone please specify the term "in employment or being economically active in the UK"? If employed, does it have to be employed by a UK company? If a person is employed by a foreign company, and his salary is paid in foreign currency, but his work is physically carried out in UK. Is the situation qualified as being economically active?

Thanks a lot.

Pengfei
In employment or being economically active in the UK - you are paying tax to HMRC (through Employer if employed)

If your employer is paying tax to HMRC (UK) then yes.

pwangchn
Newly Registered
Posts: 4
Joined: Mon Mar 11, 2013 8:48 am

Re: ILR - "Being Economically Active" Explanation

Post by pwangchn » Mon Mar 11, 2013 10:50 am

In employment or being economically active in the UK - you are paying tax to HMRC (through Employer if employed)

If your employer is paying tax to HMRC (UK) then yes.
Thanks a lot for your reply. My employee is an international company. I'm employed by the overseas branch rather than UK, but most of time working in the UK branch. The oversea branch doesn't pay tax to HMRC, but the UK branch does. I really hope it counts this way, does it?

I represented my oversea earning when applying for extension. They didn't call or check any of my evidence and extended my visa. So will they be more strict if I represent similar document to apply for ILR?

pwangchn
Newly Registered
Posts: 4
Joined: Mon Mar 11, 2013 8:48 am

Re: ILR - "Being Economically Active" Explanation

Post by pwangchn » Mon Mar 11, 2013 12:03 pm

More help please.

pwangchn
Newly Registered
Posts: 4
Joined: Mon Mar 11, 2013 8:48 am

Re: ILR - "Being Economically Active" Explanation

Post by pwangchn » Tue Mar 12, 2013 8:28 am

More help please.

uksettlement
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Location: London
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Post by uksettlement » Tue Mar 12, 2013 8:32 am

It will be the same as extension application. Don't worry!
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

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