Tier1 or 5 continous WP for ILR

Afternoon everyone, I really have a burning questions about ILR.

I am holding 5 years work permit and Tier1 (applied just before April 2010) at the same time with the same company who initially sponsed my 5 years work permit. And my ILR will due at the end of January 2012.

However since 5th Nov(I am still under their employement), I was been put on the risk of redundancy. I wan't in a hurry as I will be paid in a sum of 8 years services payments. So it will be enough notice period to cover myself till ILR date.

However I just been noticed actually company's Beijing office sent me an offer with very perspective position and they want to me start next Monday. This will be like a permanent transfer rather than secondement, so I won't receive UK pay slip instead new pay slip will unver Chinese tax and regulation.

So can I still apply ILR under WP category as company is not changed at all since I worked in UK? But it will be no latest 3 months payslip as they won't offer redundancy package if I took the offer. My last payslip in UK is November, I don't think I will be paid in December if they want to me work in China

Second, if WP route is not possible, can I still apply ILR under Tier1? As in new SET(O)M form, it states Section 9 A1. You can claim points for previous earnings for any single, consecutive 12 month period from the 15 months immediately before this application.

So can I use last November to 2011 November as a proof for earning assessment? But when I first applied tier1, my earning was immediate starting from my application date? Is home office expecting the same this time??

Is it risky to take offer in China? as I don't want to lose my ILR here, Can anyone clarify it? I am tring to contact home office as well, as I don't want to mess up everything.

hjlp wrote:I am holding 5 years work permit and Tier1 (applied just before April 2010) at the same time with the same company who initially sponsed my 5 years work permit.

You ceased to be a WP migrant the day Tier 1 leave was issued to you. You are now a Tier 1 migrant and may apply for settlement as a Tier 1 migrant as and when you qualify for it.

If you do not return to UK within 2 years of absence, your settled status may become void.

Can anyone clarify it? Is it a may or I definitely can qualify ILR?

Anything can think anything will against it ?

I understand that I will disqualify my PR if I would be away more than 2 years.

Hi , I have made TWO contacts with Home office, they were telling me very different stories. First lady I contacted said I will be fine if I am unemployed, but If I got an offer in other country permenantly, case work may reject my ILR application as I have no intention to stay in UK. However second lady said I got to be employed when I apply for ILR. as you came in this country with a job, it doesn make sense you apply for ILR without a job.


I thought second lady is silly, as I can be self-employed after I being made redundant, no matter they going to judge my earings or anything else, I will be qualified for ILR.

So have to contact again on Monday!!

Quite simply, the second lady is answering based on the assumption that you are (still) a WP migrant rather than Tier 1. As a Tier 1 migrant you don't need to be employed to qualify for ILR. This confusion may be hers entirely or based on confusing information that you have given. With all due respect, your standard of English is not sufficiently good to get clear picture (and that's quite normal with PBS migrants) so it's easy to see how these mistakes may arise.

Thanks for sushdmehta, you are quite right, Home office confirmed that I am under Tier1 migrant category, no longer WP holder.