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ILR- Absence from UK whilst unemployed

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rajendrasingh1
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ILR- Absence from UK whilst unemployed

Post by rajendrasingh1 » Wed Jun 11, 2014 4:23 pm

Hi Guys,
I am not sure if somebody else has already raised this question, so my apologies if I am asking the same question again.

I am in the UK on Tier 1 General visa, I came in July 2010. During the financial crisis it was very difficult for me to get a permanent job so I did lot of contract jobs. I love to travel so I was absent from UK many time (short weekends breaks and annual leaves).

I understand thet as per the new rule you have to provide evidence for all absence from the UK including annual leaves.

My question is some of my absence were during the period when I was unemployed and was looking for work. For eg- I finished a short term contract in July 2012 and after finishing the contract I went on holidays (not annual leave as my contract was over) for few weeks. So I have done this few time. But all absence from the UK whilst I was unemployed is less than 180 days over a period of 5 years (and none of them are more than continuous 90 days).

I have tried to clarify this through UKVI asking them if my absence from UK whilst I was unemployed although less than 180 days will it break continuity for ILR. I never got a straight answer. They said it depends on case worker

Can anyone guide me with this please. Has anyone in similar situation applied and got ILR?

Many thanks
Raj

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ILR- Absence from UK whilst unemployed

Post by manci » Wed Jun 11, 2014 6:03 pm

read Immigration Rule 245CD-SD a) - c)
https://www.gov.uk/government/uploads/s ... MASTER.pdf

rajendrasingh1
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Posts: 15
Joined: Wed Jun 11, 2014 3:22 pm

Re: ILR- Absence from UK whilst unemployed

Post by rajendrasingh1 » Wed Jun 11, 2014 6:25 pm

HI Manci,
Many thanks for your reply. I have read this rule and there is no clear guidance on whether absence from UK will break continuity.

As far as required documents goes it states

245CD-SD Specified documents

The specified documents referred to in paragraph 245CD(j) are:

(a) For periods where the applicant was in employment in the UK, a letter from the employer
detailing the purpose and period of absences in connection with the employment, including
periods of annual leave. (My leave was not in connection of Employment )

(b) For periods where the applicant was self-employed or in business in the UK, or looking for
work or setting up in business in the UK, a personal letter from the applicant detailing the
purpose and period of absences in relation to those activities.

(c) A personal letter from the applicant which includes full details of the reason for the
absences and all original supporting documents in relation to those reasons - e.g. medical
certificates, birth/death certificates, information about the reasons which led to the absence
from the UK.

The rule also states that "the applicant must be economically active in the UK, in employment or self-employed or both". I do not understand what constitutes "economically active".

I could find no guidance on whether a person's absence form UK whilst unemployed would break continuity.

shace318
Junior Member
Posts: 68
Joined: Wed Feb 26, 2014 10:52 pm

Re: ILR- Absence from UK whilst unemployed

Post by shace318 » Thu Jun 12, 2014 11:40 am

@rajendrasingh1

I was in very similar situation as you, came in 5/2009
had 2 long absence(unpaid) and got a permanent job in 4/2010 yet travelled a lot
for work from 2010.

as long as your absence are under 180 days a year, you should be ok, but you will have to provide
evidence such as employer letters & personal letters, copy of travel ticket etc.

I did provide all evidence and got my ILR on 10/4/14

Shace

rajendrasingh1
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Posts: 15
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Re: ILR- Absence from UK whilst unemployed

Post by rajendrasingh1 » Thu Jun 12, 2014 1:51 pm

Thanks Shace for your reply. So you are saying that you were also absent from UK whilst you were unemployed? Did you mention this in the cover letter?

I can provide letters for absence when I was working and took annual leave but I can't provide anything for the period when I was unemployed and went outside the UK.

So are you suggesting that till the time my total absence is less than 180 days it doesn't matter if I was unemployed during these absence, it should not impact my ILR?

Many thanks
Raj

rajendrasingh1
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Posts: 15
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Re: ILR- Absence from UK whilst unemployed

Post by rajendrasingh1 » Fri Jun 13, 2014 10:44 am

Hi Shace, would you be kind enough to reply please?

Senior members please feel to provide some advice.

gprao2010
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Re: ILR- Absence from UK whilst unemployed

Post by gprao2010 » Fri Jun 13, 2014 11:00 am

Hi Rajendra Singh,

As per my understanding, continuous residence for ILR is broken only when the period of absence is more than 180 days. Regarding evidences, I have seen certain cases in the forum where the applicant has just provided a spreadsheet listing out his absences, reason etc and the case worker has approved the ILR. So my guess would be it depends on the case worker.

Regards,

shace318
Junior Member
Posts: 68
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Re: ILR- Absence from UK whilst unemployed

Post by shace318 » Fri Jun 13, 2014 11:42 am

I didn't mention about absence in cover letter, but I gave a spread sheet which had all my absence, also gave a separate personal letter giving the reason for my absence.

My absence 2009 (around 150 days)

1st absence 3 months : I tried to establish a business outside UK and didn't work (no income means unpaid) gave all possible evidence.
2nd absence 2 months : I was in India spending time with my wife's family. gave a personal letter.

I personally believe you wont have an issue, may be senior members can advise!

rajendrasingh1
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Re: ILR- Absence from UK whilst unemployed

Post by rajendrasingh1 » Thu Jun 19, 2014 2:36 pm

Thanks Mr GP Rao and Shace,
Shace- So when you were in India for 2 months. I am assuming you were not employed during that time? So in that case I should be fine too.

rajendrasingh1
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Re: ILR- Absence from UK whilst unemployed

Post by rajendrasingh1 » Tue Mar 31, 2015 12:41 pm

Hi Guys,
I called Croydon PEO today and they told me that my ILR will be rejected as I was not employed for 5 years continously (even of Tier 1 General visa).
She cited the immigration rule part 6A:
https://www.gov.uk/government/uploads/s ... _final.pdf
245CD. Requirements for indefinite leave to remain
(f) Where the applicant:
(i) received a Highly Skilled Migrant Programme approval letter issued on the
basis of an application made before 7 November 2006,
(ii) was subsequently granted entry clearance or leave to remain on the basis of
that letter, and
(iii) has not since been granted entry clearance or leave to remain in any category
other than as a Highly Skilled Migrant or Tier 1 (General) Migrant, the
applicant must be economically active in the UK, in employment or selfemployment
or both.


I am very confused and nervous now. How can they expect Tier 1 General guys to be continuously employed

devp
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Re: ILR- Absence from UK whilst unemployed

Post by devp » Tue Mar 31, 2015 1:33 pm

The implication is NOT just about having a job on Tier-1, it is in their terms being economically active.
In your ILR application I believe you still need to show earnings to state that your candidature qualifies for the minimum number of points. So it is in two parts 1. your average earnings for the last 4years 2. average earnings in the last 12 out of 14months.
If you are able to produce a P60 or P45 or an income tax statement that clearly portrays your earnings, then it should not matter if you were out of job for a stipulated period or not. Because it is like contradictory to Tier-1 General facility which is to come into the country without a job offer and its purely based on how much money is in the bank for you.

bmaru
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Posts: 36
Joined: Sun Feb 06, 2011 8:04 pm
Location: UK

Re: ILR- Absence from UK whilst unemployed

Post by bmaru » Tue Apr 07, 2015 8:30 am

rajendrasingh1 wrote:Hi Guys,
I called Croydon PEO today and they told me that my ILR will be rejected as I was not employed for 5 years continously (even of Tier 1 General visa).
She cited the immigration rule part 6A:
https://www.gov.uk/government/uploads/s ... _final.pdf
245CD. Requirements for indefinite leave to remain
(f) Where the applicant:
(i) received a Highly Skilled Migrant Programme approval letter issued on the
basis of an application made before 7 November 2006,
(ii) was subsequently granted entry clearance or leave to remain on the basis of
that letter, and
(iii) has not since been granted entry clearance or leave to remain in any category
other than as a Highly Skilled Migrant or Tier 1 (General) Migrant, the
applicant must be economically active in the UK, in employment or selfemployment
or both.


I am very confused and nervous now. How can they expect Tier 1 General guys to be continuously employed

Hi Raj,
Can you able to send me Croydon PEO number?
Thanks in advance.
bmaru

Go12
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Posts: 256
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Re: ILR- Absence from UK whilst unemployed

Post by Go12 » Tue Apr 07, 2015 11:39 am

I m also in this kind of situation ,I mean came to UK in 2010 on tier 1 visa,came here for a month within 90 days,could not secure a job so went back to my home country as I had to sell my assets and resign my previous job but I was still seeking job in UK through gels interviews through vonage etc.i have a proof about it,further came again to UK after 150 days,and secured a job UK,and staying here till date.
What are the options now for me in such a situation.i have my ILR in oct 2015,m tensed now.
Any advices plz.
Thanks

rajendrasingh1
Newly Registered
Posts: 15
Joined: Wed Jun 11, 2014 3:22 pm

Re: ILR- Absence from UK whilst unemployed

Post by rajendrasingh1 » Fri Apr 24, 2015 12:43 pm

HI bmaru,
Croydon contact centre number is 0300 123 2241

Kumars1111
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Posts: 17
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Re: ILR- Absence from UK whilst unemployed

Post by Kumars1111 » Fri Apr 24, 2015 5:29 pm

Hi,

Did anyone get any concrete answer on this ? Any views from the senior members ?

Cheers,
Sudy

cs95tdg
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Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Re: ILR- Absence from UK whilst unemployed

Post by cs95tdg » Fri Apr 24, 2015 6:10 pm

rajendrasingh1 wrote:Hi Guys,
I called Croydon PEO today and they told me that my ILR will be rejected as I was not employed for 5 years continously (even of Tier 1 General visa).
She cited the immigration rule part 6A:
https://www.gov.uk/government/uploads/s ... _final.pdf
245CD. Requirements for indefinite leave to remain
(f) Where the applicant:
(i) received a Highly Skilled Migrant Programme approval letter issued on the
basis of an application made before 7 November 2006,
(ii) was subsequently granted entry clearance or leave to remain on the basis of
that letter, and
(iii) has not since been granted entry clearance or leave to remain in any category
other than as a Highly Skilled Migrant or Tier 1 (General) Migrant, the
applicant must be economically active in the UK, in employment or selfemployment
or both.


I am very confused and nervous now. How can they expect Tier 1 General guys to be continuously employed
Just for clarity, has your application now been refused? Or was the above just information given over the UKBA helpline? Additionally were you requested to provide P60's covering your 5 year residence period? If so did you provide them? There is no requirement to be continuously employed, but you can be economically active over the residence period without being employed every single day/month over that period. If however there is a year where you have no economic activity at all, that may certainly be questioned.

tier1app
Newbie
Posts: 44
Joined: Wed Jul 17, 2013 12:09 pm

Due for ILR (via Tier 1) but been unemployed?

Post by tier1app » Sun Apr 26, 2015 4:15 am

I have been reading lots of topics regarding to unemployed absence; what about if you were in the UK, but you are unemployed for a while? (as you are meant to be "economically active?")

Cut the long & sad story short, I was changing job and thus purposely left a gap for some personal commitments overseas, then I had an unexpected medical situation so I couldn't make it back for the new role (which I have obtained a doctor certificate for.) I ended up being absent for just over 100 days, came back unemployed and had to look for a job.

I am now back in the market and am planning to submit my ILR application when I have enough points from my income. But I am hoping to find out if this few months of unemployment would cause any negative impact on my settlement application given that I had actually stayed in the UK? (i.e. because my income for the last tax year will be significantly lower than the others.)
Last edited by tier1app on Sun Apr 26, 2015 12:24 pm, edited 1 time in total.

Kumars1111
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Re: ILR- Absence from UK whilst unemployed

Post by Kumars1111 » Sun Apr 26, 2015 6:23 am

After doing some research, here is my understanding of 'Economically Active' which is defined by OECD as - Population comprises all persons of either sex who furnish the SUPPLY of labour for the production of economic goods and services as defined by the United Nations System of National Accounts during a specified time-reference period.

So it really shouldnt mean that one should be getting salary in their bank accounts all the time. As long as they were available in the market as supply for work i.e actively looking for employment, attending interviews etc. they also are a part of the Economically active population.
So that period of time really should not count as an absence as such as long as one has entered UK and then may be have gone out back for a few (not more than 90 days) weeks or months.
Again, this is my personal view and not a confirmed rule.
I go for my ILR in a few days and would let everyone know how it goes.

tier1app
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Posts: 44
Joined: Wed Jul 17, 2013 12:09 pm

Re: ILR- Absence from UK whilst unemployed

Post by tier1app » Mon Apr 27, 2015 1:33 pm

Kumars, thank you for your insightful responses, and all the best for your application.

cs95tdg
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Posts: 3152
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Location: London

Re: ILR- Absence from UK whilst unemployed

Post by cs95tdg » Mon Apr 27, 2015 2:39 pm

tier1app wrote:I have been reading lots of topics regarding to unemployed absence; what about if you were in the UK, but you are unemployed for a while? (as you are meant to be "economically active?")

Cut the long & sad story short, I was changing job and thus purposely left a gap for some personal commitments overseas, then I had an unexpected medical situation so I couldn't make it back for the new role (which I have obtained a doctor certificate for.) I ended up being absent for just over 100 days, came back unemployed and had to look for a job.

I am now back in the market and am planning to submit my ILR application when I have enough points from my income. But I am hoping to find out if this few months of unemployment would cause any negative impact on my settlement application given that I had actually stayed in the UK? (i.e. because my income for the last tax year will be significantly lower than the others.)
Reading your post, IMHO the fact that you had a lower annual income over that particular year shouldn't have a negative impact on your application (purely on the basis of insufficient economic activity) Personally what I'd do, is have a personal statement with the medical certificate explaining the gap you have - to be provided if requested (assuming you are applying at a PEO). So long as you qualify with the required points you should be fine. Note that the requirement to meet the absence threadshold is independent to the economic activity requirement (even though there are instances where they overlap, if you've been overseas and unemployed at the same time), therefore you should ensure you meet both those requirements when preparing your application.

tier1app
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Re: ILR- Absence from UK whilst unemployed

Post by tier1app » Mon Apr 27, 2015 4:06 pm

cs95tdg wrote: Reading your post, IMHO the fact that you had a lower annual income over that particular year shouldn't have a negative impact on your application (purely on the basis of insufficient economic activity) Personally what I'd do, is have a personal statement with the medical certificate explaining the gap you have - to be provided if requested (assuming you are applying at a PEO). So long as you qualify with the required points you should be fine. Note that the requirement to meet the absence threadshold is independent to the economic activity requirement (even though there are instances where they overlap, if you've been overseas and unemployed at the same time), therefore you should ensure you meet both those requirements when preparing your application.
Thank you, cs95tdg, that is a huge relief for me for sure; though I was planning to have the personal statement and the medical certificate as part of my application; so you are saying I should only provide it to the case workers if they asked for it?

cs95tdg
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Re: ILR- Absence from UK whilst unemployed

Post by cs95tdg » Mon Apr 27, 2015 7:38 pm

There's no harm in providing it, even if it's not requested.

I remember providing P60's for all 5 years when I applied, even though this was not listed as a required document, purely to make the job of verifying economic activity quicker and easier. So if your planning to do the same, then you could include this evidence with it.

tier1app
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Re: ILR- Absence from UK whilst unemployed

Post by tier1app » Mon Apr 27, 2015 11:09 pm

Agree totally, I have all the p60's (except for 2015 obveriously) and also requested an employment history letter from HMRC, (and I can't thank you more for all the valuable comments.)

argus7
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Wales

Re: ILR- Absence from UK whilst unemployed

Post by argus7 » Tue Apr 28, 2015 8:19 am

If on Tier 1 (G), There was never a requirement to have employment for all 5 qualifying years as long as employment was not overseas. ( Absences) or Business with a supporting document to justify

Also scoring points verification is only done during extensions and during ILR/Tier 1 visa renewal. Even if your qualifying years had low income if below points is fine as long as necessary points are achieved during extensions/ILR application

jayacpr
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India

Re: ILR- Absence from UK whilst unemployed

Post by jayacpr » Tue Apr 28, 2015 9:05 am

Thank you argus7 ,,
so it means , only last 12 months from time application is important ,not the other yrs??

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