Job for ILR (on HSMP)

[Rex]

Hi to forum moderators,

Writing after a long time, my question is that for ILR on HSMP as a main applicant do I have to keep working till the end of 5 years.

Can there be any gaps in the job?
Is there any salary requirement?

My background is that I have been working for 3.5 years and now due to some personal problems I cannot continue to work full time.

I am a web developer and cant find anywhere I can find part time though I also have a limited company which is slightly active as I was doing my job.

Now if I show 3.5 years job references and 1.5 in the company, what company papers i need to show?

There is question is ILR form about the salary and how much rent we pay,
so if our rent is 850 per month then salary must be atleast 1500 per month net.

But as a Director of the company recommended salary is 5000 per annum.

Please help in this situation as due to credit crunch I might be declared redundant at the end of this year.

Please note me ILR is due in July 2010 therefore if I have to focus on the company I should start doing it now.

Thanks in advance.

[Sushil-ACCA]

As HSMP holder applicant nned not be a job holder

u will be fine if your company is valid and meeting all requirments of HMRC

In last year als you can show you are eaning dividends but see that you have sufficient fund in your bank a/c to show that you will not require public funds

[Rex]

Good to know that job is not a must.

Thanks for your reply Sushil.

[kawasaki1]

Actually, is there any more clarity on this, specifically for self-employed HSMP holders? If we run a one person LTD company and happen to be out of contract at the time of ILR application, is this OK? In my case I have 6 months left until ILR and might struggle in the current market to get a new contract.

My company has enough cash to pay myself decent dividends for the 6 months and financially I can cope with the downturn - but if a caseworker asks for proof my company is economically active at the time there will be none. One could always say that due to economic climate the time spent between assignments is longer, I just don't know whether they will buy that?

Anyone have experience with applying for ILR as a self employed person and not having true income in the few months leading up to application?

Requirements for indefinite leave to remain as a highly skilled migrant

135G. The requirements for indefinite leave to remain for a person who has been granted leave as a highly skilled migrant are that the applicant:

(i) has spent a continuous period of 5 years lawfully in the United Kingdom, of which the most recent period must have been spent with leave as a highly skilled migrant (in accordance with paragraphs 135A to 135F of these Rules), and the remainder must be made up of leave as a highly skilled migrant, leave as a work permit holder (under paragraphs 128 to 133 of these Rules), or leave as an Innovator (under paragraphs 210A to 210F of these Rules); and

(ii) throughout the five years spent in the United Kingdom has been able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and

(iii) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both; and

(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.

[kawasaki1]

Any thoughts from anyone?