ILR question economically active definition for tier1General

[Dene]

Hi,

I am currently on Tier1 General visa and had my ext last year in August.
I am going to apply for ILR in July 2013.

I just have couple of questions:
1- what is the definition of economically active. Basically I was made redundant on 5th of May 2011.
I got new job in November 2011. So it took me 6 months to get a new job. I will get my P60 this year. I have last three years P60s and then I will get another P60 in 2013. I am just confuse about this 6 months job gap?
Technically I only work for 6 months from April 2011 to March 2012
Please advise?
2- Also my wife is in the UK since March 2011. She will also be applying for ILR at the same time. I suppose we only need to do LiUK test.
no other english language test required? please confirm?

I will appreciate your help.

Cheers,
Munna

[Dene]

Hi,

70 views and not reply. Strange??? please reply???

Regards,
Munna Ji

[Dene]

Hi Gurus, Moderators and senior members or any member who has similar experience. please could you update me? please

Cheers,
Munna ji

Hi,

70 views and not reply. Strange??? please reply???

Regards,
Munna Ji

[katwmn6]

Hi Munna Ji,

Sorry to hear about you being made redundant and congrats on your new job.

I have queried the Home Office many times about what "economically active" means and have never received a clear answer. I believe they keep it purposely vague - what they reiterated to me is that the main purpose of the visa is to work. If you are in breach of that (e.g. if you are not working or not looking for work), then you are violating the terms of your visa and should change categories or leave the country. (Not sure how they would prove this in any case, but just reporting what they said to me!)

Given that you were looking for work, I see no reason to suspect that you have ever been in "violation" of the terms of your visa. So long as you meet all the requirements for ILR you should be fine.

I can't speak about the English language test but please search the board as there are lots of threads on it!

Best of luck!

[Dene]

Hi Kat,

Thanks for the reply. Yes I was looking for the job since I was made redundant. had few interviews. but had no luck until November 2011. I have proof of interviews or jobs applied etc...
Yes it is true there isnt any big definition of economically active.

Any more advise or suggestions or please share your experience.
I was jobless for 199 days which is 6 months and 19 days.

Cheers,
Munna Ji

Hi Munna Ji,

Sorry to hear about you being made redundant and congrats on your new job.

I have queried the Home Office many times about what "economically active" means and have never received a clear answer. I believe they keep it purposely vague - what they reiterated to me is that the main purpose of the visa is to work. If you are in breach of that (e.g. if you are not working or not looking for work), then you are violating the terms of your visa and should change categories or leave the country. (Not sure how they would prove this in any case, but just reporting what they said to me!)

Given that you were looking for work, I see no reason to suspect that you have ever been in "violation" of the terms of your visa. So long as you meet all the requirements for ILR you should be fine.

I can't speak about the English language test but please search the board as there are lots of threads on it!

Best of luck!

[Dene]

Hello Gurus, moderators,

Please help. so far more than 180 people hit this post and only one reply.
Please share your thoughts.

Best wishes.

Munna ji

[village]

Hi,
Mate,et your Tier 1 extension

your messing up your self......then how did u get ur tier 1 extension mate.........

[Dene]

Hi Village,

Thanks for asking below info.
I applied for second ext in July 2011 and It is true I was jobless.
But got my ext without any problem. As I had enough points for last earning, age, edu etc...

Cheers,
Munna ji

Hi,
Mate,et your Tier 1 extension

your messing up your self......then how did u get ur tier 1 extension mate.........

[village]

mate,

Ok fine....then why you are worried.....till now you have all the p60....
whats your problem?

[village]

As above mentioned you are Tier 1 general visa....nothing to worry ...

katwmn6...mentioned that if you dont have job you should return back.......there is no guidelines any where that you should leave ....untill you have enough money to support your self.......dont get messed up...


only thing is when ur applyling for ILR see you have paid all the taxes till date, u have all p60, and no crinimal cases on you..........

do not worry too much....

[katwmn6]

katwmn6...mentioned that if you dont have job you should return back.......there is no guidelines any where that you should leave ....untill you have enough money to support your self.......dont get messed up...

Hi Village,

Please don't misquote me - I did not say "if you don't have a job you should return back."

My post clearly states that I believe the OP should be fine.

Please don't add further confusion to what is already a difficult process for many people.

[Dene]

Hi Kat,

Thanks again mate. I think Village boy has not got some solid info/exp and dont think he has ever contacted HO. We should all avoid this type of confusion. Just need to be clear and let others share their thoughts and experiences.

I think we should wait for Gurus or moderators.

Cheers,
Munna Ji

katwmn6...mentioned that if you dont have job you should return back.......there is no guidelines any where that you should leave ....untill you have enough money to support your self.......dont get messed up...

Hi Village,

Please don't misquote me - I did not say "if you don't have a job you should return back."

My post clearly states that I believe the OP should be fine.

Please don't add further confusion to what is already a difficult process for many people.

[katwmn6]

Hi Munna Ji,

You might find this thread helpful.

Best of luck,
Kat

[goldfish]

Why are we discussing the definition of "economically active" for a Tier 1 General visa extension. If you meet the earnings, maintenance funds, etc requirements then you can be granted an extension even if there was a period you weren't working in the past year. Correct?

[katwmn6]

Why are we discussing the definition of "economically active" for a Tier 1 General visa extension. If you meet the earnings, maintenance funds, etc requirements then you can be granted an extension even if there was a period you weren't working in the past year. Correct?

Yes. (Note OP asked about ILR, not ext, but as far as I'm aware it makes no difference per OP's question.)

So long as you meet all the requirements for ILR you should be fine.

[Dene]

Thanks again Kat. Appreciated all your help.
Yes my question was for ILR. I think as far as you meet the requirements then you are fine. I hope 7 months jobless wont be a problem. As far as you show 12 months salary in last 15 months. I think last 15 months are important.

Best Regards,
Munna Ji

Why are we discussing the definition of "economically active" for a Tier 1 General visa extension. If you meet the earnings, maintenance funds, etc requirements then you can be granted an extension even if there was a period you weren't working in the past year. Correct?

Yes. (Note OP asked about ILR, not ext, but as far as I'm aware it makes no difference per OP's question.)

So long as you meet all the requirements for ILR you should be fine.

[Dene]

no Reply from Gurus.

[MB243]

Hello mate, as you might be aware ILR applications are now points based so as long as you garner sufficient points with whatever number of months you have worked, you should be fine.

Regarding the huge gap of being "economically active", you can explain in the covering letter that you were made redundant & were looking for work ever since then and also provide evidence of the same for peace of mind.

I would suggest for ILR applications, straight forward or not, should be done after some professional consultation.

Goodluck

[Dene]

Thanks every one for the comments.
I just spoke to couple of solicitors and they told me the same. Last 15 months are important. Person should be employed or self employed during last 15 months and should earn enough money to claim right points for 12 out of 15 months.
For peace of mind keep copies of interviews or job applied during unemployed period. attach them with your application or even that is not necessary. You need your P60s for 5 years or wages slips if P60 not available.
Thanks again for every ones help. Just a polite request, please try to put correct info on this forum. do not mislead any one.

Cheers
Munna Ji

Hello mate, as you might be aware ILR applications are now points based so as long as you garner sufficient points with whatever number of months you have worked, you should be fine.

Regarding the huge gap of being "economically active", you can explain in the covering letter that you were made redundant & were looking for work ever since then and also provide evidence of the same for peace of mind.

I would suggest for ILR applications, straight forward or not, should be done after some professional consultation.

Goodluck

[corby]

Hello,

I read lots of things from this forum and from UKBA's web site. I haven't understood what this 'economically active' means? I got confused.

According to "Guidance – ILR – calculating continuous period in the UK – v7.0" (updated on 23 January 2013)
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

- We have to be economically active in the UK! If I am a Tier 1 General visa holder, in which period should I be economically active? At the time I apply for the ILR or in the whole 5 year period?

My case is a bit complicated.

- I got the Tier 1 General visa on April 2009
- I entered to the UK on September 2009 (after 5 months I got my Tier1)
- I started to a postgrad (MSc) program on September 2009 under my Tier 1 General Visa.
- I started to work on March 2011
- I got my MSc degree on May 2011
- I extended my visa on April 2012

Do you think, I would be eligible to apply for the ILR in 2014?

Thanks

[Mela]

OP,

I think you panic unnessecarily. YOu have to stick to the rules in place in order to extend Tier 1/ apply for ILR.

The current rules are that you need to achieve certain income levels in any 12 month period out of 15 month. The ppreiod of earnings can be less than 12 months as soon as you achieve enough points for earnings. So, technically you can be unempleoyed as musch as you like as soon as you earn enough to qualify even in short period of time before the application.


Following the logic above economically actiove means being empoloyed and earn enough to qualify. How you earn and in which period is left for you to decide hence they dont clarify on this term further.

Take a cupa tea, read he guidance again and dont worry as it will distract you from the points

[Mela]

Hello,

I read lots of things from this forum and from UKBA's web site. I haven't understood what this 'economically active' means? I got confused.

According to "Guidance – ILR – calculating continuous period in the UK – v7.0" (updated on 23 January 2013)
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

- We have to be economically active in the UK! If I am a Tier 1 General visa holder, in which period should I be economically active? At the time I apply for the ILR or in the whole 5 year period?

Do you think, I would be eligible to apply for the ILR in 2014?

Thanks

Most importantly you need to be economically active in the continious 12 months period (or leass if you earn enough!) out of 15 months period befor eyour application.

Nooone on this forum will be able to tell you if you are eligible to apply because noone knows your earnings on the date of application, as simple as that.