Query regarding Economic Activity for ILR

[ran]

Hiya All,

With May 20 nearing I had a query regarding the economic activity re:ILR application after 4 years on HSMP. I apologize beforehand for it is a repeat of a similar query I had put forward in this forum last year. But at that time this particular issue was mentioned as a part of a long list of other queries and I did check the replies to that post and there were no advice given on this particular issue.

Anyways the fact is for the first 18 months of my HSMP visa (visa issued before 2006 so I am definitely under the old rules) I was on two part time jobs but my primary income, during that period, was from a research studentship (I worked as a research scholar in the university). The research studentship was a grant and was not taxed though the income from the other two sources were naturally taxed. From then on I was on full time employment through till now.

I am worried that there maybe issues in terms of showing economic activity during the first 18 months as my primary source of income was a research grant. Also since it was a studentship whether that would have any negative impact on the application - I was on a student visa before the HSMP and this research work started about 6 months prior to the issuance of the HSMP visa.

I have consulted very minutely the hO guidelines on ILR through HSMp and what little caseworker guidance is available from their website. Also I have consulted solictors at EMLC and IAS. It seems fairly clear that my application should be valid as I have had taxed income throughout the 4 year period whatever amount they were. Also since the researchwork was done in conjunction with my part time jobs in the first 18 months of my HSMP visa thre is no HSMP legislation that has been violated.

In fact what one the solicitors stated was that as long as I have had no recourse to public funds and have had enough funds to maintain myself. Even if I was a full time student and I was earning a salary (taxed) in some capacity in conjunction, it should be no problem as there is no specific guideline that disallows a person pursuing studies or research while on HSMP.

Sorry for the long post but any advice, experiences or comments would be most appreciated.

Regards,
Ran

[tech]

When did you get your extension and for how long ? HO will be interested to look at your documents after your last extension and to make sure you are economically active for that period

Post your details to get further suggestions

[ran]

Hi,

Thanks for your reply.
I applied in jan'04 from UK. I got HSMP visa stamped for 4 years in May'04 till May'08. I was quite surprised at that time and had called up the HO regarding this and they had informed me that the visa was valid and I do not need to worry about it.
In feb'08 since I applied for EEA2 visa - which is what I am currently on!
I am confused about your reply though - are you saying that the 'first 18 months issue' which I have highlighted is a problem and that I was not economically active? If so can you please direct me to the guidelines or rules on which your advice is based on.

Thanks again.

Regards,
ran

[tech]

What i said was that you need submit documentation for whole period but HO will be interested your economic activity after your last extension.
This is because they had chance to review economic activity when people applied for extensions and approve them. )Approval means they are satisfied)

Your case in quite different from other people.
Before Apr 06 HO granted only one year HSMP and 3 years after that. (1+3) From Apr 06, they have started giving 4 year extension. (1+4)
In your case, they never had a chance review your economic activity at all. Hence they will looking into the whole period.

Just show your part time work for which you have paid taxes for first 18 months. It doesn't matter how low it is. you should be fine.

[ran]

hiya,

thanks a ton for your help.

regards,
ran