Do I have to be employed while applying ILR

Hi,

I will be able to apply ILR on Jun 2012: HSMP (2 years) + Tier 1 (3 years) based on current rule.

According to current rule, I will need to meet my salary requirement the same as the amount, when I previously switched into Tier 1 visa, in any consecutive period 15 months before I apply IRL on Jun 2012. The fact is that I already meet the requirement last month (From feb 2011 to Jun 2011).

My question is that do I have to be employed when I apply for ILR on Jun 2012 If my salary already meet the minimum requirement? Or I can apply even I don't have any job at that moment?

Kevin

no comment?

HSMPnonJRtoT1 wrote:Hi,

I will be able to apply ILR on Jun 2012: HSMP (2 years) + Tier 1 (3 years) based on current rule.

According to current rule, I will need to meet my salary requirement the same as the amount, when I previously switched into Tier 1 visa, in any consecutive period 15 months before I apply IRL on Jun 2012. The fact is that I already meet the requirement last month (From feb 2011 to Jun 2011).

My question is that do I have to be employed when I apply for ILR on Jun 2012 If my salary already meet the minimum requirement? Or I can apply even I don't have any job at that moment?

Kevin

There is no straight requirement for being employed however there is a strong indirect requirement as Tier 1 visa holders are expected to be "economically active". I would imagine that his active status is quite difficult to prove without having a job!

There is no straight requirement for being employed however there is a strong indirect requirement as Tier 1 visa holders are expected to be "economically active". I would imagine that his active status is quite difficult to prove without having a job!

Thanks, xyz123. But from what I read, during the 5 years, the applicant should be economic active but it doesn't seem to mean that I have to be employed when I apply the visa. What if I am made redandant 2 weeks before the application and actively seeking for a job?

Did anyone applied successfully without job?

Thanks,

After reading Part 6A - Points-based system, I don't think the applicant has to be employed unless he/she applies under HSMP JR:


http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

(f) Where the application is being made under the terms of the HSMP ILR Judicial Review Policy Document, the applicant must be economically active in the UK, in employment or self-employment or both.

Please correct me if I am wrong.

HSMPnonJRtoT1 wrote:After reading Part 6A - Points-based system, I don't think the applicant has to be employed unless he/she applies under HSMP JR:


http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

(f) Where the application is being made under the terms of the HSMP ILR Judicial Review Policy Document, the applicant must be economically active in the UK, in employment or self-employment or both.

Please correct me if I am wrong.

As i stated there is no direct requirement for being employed but there is a requirement for being economically active. Again there is no clear definition of economic activeness. It is down to case worker to deside whetehr one is economically active or not.

Length of unemployment should also play a part. If one has been unemployed for lets say a year, then it may be a problem but if someone is unemployed by a week then it may be ok. You want a definite answer and there is no definite answer to this. Remember that even if someone previously has had their ILR without employment, it doesnt guaratee that they will apply the same criteria to you.