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Given your current situation, I believe it will be difficult to satisfy these requirements.Recent document(s) from the employer named in your current work permit confirming that you are still needed and that that your employment with them is continuing.
Document(s) confirming that you have spent a continuous period of 5 years in the UK:
- either as a work permit holder throughout that period, or
- as a work permit holder most recently combined with previous permission as a work permit holder, highly skilled
migrant, self-employed lawyer, or writer, composer or artist.
How long have you been on your work permit and working for this company?FestusThomson wrote:After further searching, it appears that ILR requires <235 days of absence, and no >90 day absences. I'd appreciate it if someone could tell me whether I'm wrong there. That still leaves open the question of whether there are different regulations for question #1.
I also have an additional question: Let's say it takes me six months to find a new job. Would that period of unemployment be a determining factor in issuing ILR?
If you switched to a Tier 1 visa, 6 months of unemployment may very well disqualify you from getting ILR. Again the requirements are very vague on exactly how long you can be out of work before your employment is considered to be broken but from what I can tell, not > 6 months in total and no single period > 3 months is about the current measure.FestusThomson wrote:I also have an additional question: Let's say it takes me six months to find a new job. Would that period of unemployment be a determining factor in issuing ILR?
There is no employment considered broken for Tier 1. To qualify for ILR, there is a residence requirement that may be considered broken if you leave the country for long periods or too many times. It has nothing to do with how long you are unemployed.MrBaboo wrote:If you switched to a Tier 1 visa, 6 months of unemployment may very well disqualify you from getting ILR. Again the requirements are very vague on exactly how long you can be out of work before your employment is considered to be broken but from what I can tell, not > 6 months in total and no single period > 3 months is about the current measure.FestusThomson wrote:I also have an additional question: Let's say it takes me six months to find a new job. Would that period of unemployment be a determining factor in issuing ILR?
6 months of unemployment on Tier 2 or a work permit visa is simply not permitted because of the nature of the visa (rather than aforementioned vague guideline) and so assuming you got away with it for whatever reason you couldn't reveal this in your ILR application (which you should because to not would be deception) and expect it to succeed.
Regarding my comments in the previous post, I'm not certain but I suspect you also have a duty to inform the Home Office of any material changes to the circumstances of your work permit visa (like no longer being employed by your company any more).
I'm having mash for tea tonight. I'm not mashing ideas but making an educated guess from the SET(O) document.republique wrote: There is no employment considered broken for Tier 1. To qualify for ILR, there is a residence requirement that may be considered broken if you leave the country for long periods or too many times. It has nothing to do with how long you are unemployed.
For Tier2, there isn't employment considered broken either. You just can't keep the visa if you are not working. Try not to mash ideas together.
This is quite a bit more restrictive than the evidence required for HSMP ILR applications (notably it mentions employment and the entireity of one's stay on a Tier 1 visa).Tier 11 (General) migrant If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in
the UK made up of leave as a Tier 1 (General) migrant and leave as a highly skilled migrant, work permit holder, innovator,
self-employed lawyer or writer, composer or artist, in addition to the relevant documents in99AA, you must provide the follow-
ing documents:
Evidence that you are economically active in the UK in employment or self--employment or both, and have been
since you were granted leave to remain as a Tier 1 (General) migrant. This evidence should take the form of documents show-
ing your personal earnings (if you are employed) or the the progress of the business (if you are self-employed).
See my post above. In a word, possibly. We'll have a better idear if Tier 1 holders start applying for ILR and things come unstuck based on gaps in employment.paulp wrote:Have they changed the economic activity requirement during the move from HSMP to Tier 1?
And my ideas on the maximum possible time out of work, again an educated guess, comes from this old case worker guidance: http://www.ukba.homeoffice.gov.uk/sitec ... iew=BinaryMrBaboo wrote: I'm having mash for tea tonight. I'm not mashing ideas but making an educated guess from the SET(O) document.
It still doesn't mean you can't have gaps of employment. Second, you did mash the concept of continuity of residence being broken with working so again you shouldn't use the concept of continuity broken and unemployment in the same sentence.MrBaboo wrote:
I'm having mash for tea tonight. I'm not mashing ideas but making an educated guess from the SET(O) document.
The current SET(O) form:
This is quite a bit more restrictive than the evidence required for HSMP ILR applications (notably it mentions employment and the entireity ofTier 11 (General) migrant If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in
the UK ... and provide ...
Evidence that you are economically active in the UK in employment or self--employment or both, and have been
since you were granted leave to remain as a Tier 1 (General) migrant.
one's stay on a Tier 1 visa).
I never said you can't have gaps, please re-read. There were two questions - one on absences, one on unemployment. I addressed both (in separate posts btw).republique wrote: It still doesn't mean you can't have gaps of employment. Second, you did mash the concept of continuity of residence being broken with working so again you shouldn't use the concept of continuity broken and unemployment in the same sentence.
My point is that you indeed mashed the two concepts together regarding unemployment and residential continuity being broken.MrBaboo wrote:
If you switched to a Tier 1 visa, 6 months of unemployment may very well disqualify you from getting ILR. Again the requirements are very vague on exactly how long you can be out of work before your employment is considered to be broken but from what I can tell, not > 6 months in total and no single period > 3 months is about the current measure.
I never said you can't have gaps, please re-read. There were two questions - one on absences, one on unemployment. I addressed both (in separate posts btw).
If you say so.republique wrote:My point is that you indeed mashed the two concepts together regarding unemployment and residential continuity being broken.MrBaboo wrote:
If you switched to a Tier 1 visa, 6 months of unemployment may very well disqualify you from getting ILR. Again the requirements are very vague on exactly how long you can be out of work before your employment is considered to be broken but from what I can tell, not > 6 months in total and no single period > 3 months is about the current measure.
I never said you can't have gaps, please re-read. There were two questions - one on absences, one on unemployment. I addressed both (in separate posts btw).
It probably is a long shot butFestusThomson wrote:I don't qualify for Tier I as I never finished my bachelor's degree.
As to the home office being informed and being asked to leave the country within 28 days, I wasn't aware of that requirement. That's a rather short period of time in which to close up shop on my entire life here!
Well worth trying but if I remember correctly, Tier 1 does make it impossible to obtain sufficient points without a bachelors at least.republique wrote:It probably is a long shot butFestusThomson wrote:I don't qualify for Tier I as I never finished my bachelor's degree.
As to the home office being informed and being asked to leave the country within 28 days, I wasn't aware of that requirement. That's a rather short period of time in which to close up shop on my entire life here!
why don't you try the points calculator before reaching any conclusions?
http://www.ukba.homeoffice.gov.uk/pointscalculator
I did try the points calculator. That's how I came to that conclusion.republique wrote:[quote=
It probably is a long shot but
why don't you try the points calculator before reaching any conclusions?
http://www.ukba.homeoffice.gov.uk/pointscalculator
Ok goodFestusThomson wrote:I did try the points calculator. That's how I came to that conclusion.republique wrote:[quote=
It probably is a long shot but
why don't you try the points calculator before reaching any conclusions?
http://www.ukba.homeoffice.gov.uk/pointscalculator
I agree 28 days is a very short time but not unexpected from this very unsympathetic Home Office. You could always take a trip to Paris on the Eurostar and re-enter the next day/few days/week and tell the immigration officer (if they ask why you're re-entering so soon) that you're winding up your affairs on your way home.FestusThomson wrote:I don't qualify for Tier I as I never finished my bachelor's degree.
As to the home office being informed and being asked to leave the country within 28 days, I wasn't aware of that requirement. That's a rather short period of time in which to close up shop on my entire life here!
Edit: Could you point me to the relevant government website that contains information on what happens upon termination of employment? I can't find anything that specifies 28 days.