Immigrationboards.com

Hi everyone,

I am eligible for ILR in Mar 2014 (after 5 years on Tier 1 General). I am really struggling with what to do about my employment situation right now and would greatly appreciate any input.

I am currently unemployed but registered self-employed (historically I have worked as both SE and as an employee). For medical reasons it would be much better for me to work part-time as SE right now rather than find a normal employed job. From reading other people's experiences on here though it appears that ILR applicants who are SE attract scrutiny for all 5 years (rather than just the previous year).

In my situation this could be a problem as my earnings on Tier 1 (G) have fluctuated wildly:

Year 1: £15k
Year 2: £3,500*
Year 3: £34k
Year 4: £30k
Year 5: (will be circa £23k, just enough to meet my income threshold)

*During year 2 I was studying as well as working as SE (I phoned UKBA several times and spoke to an immigration lawyer to make sure I would still be considered "economically active" even if I was working PT and studying, but now I am concerned a caseworker will question this). I earned a Masters during this year but the UKBA only has my BA on file (what I originally applied with).

Is it too big of a risk to work as SE for year 5, given the above? Will having earned only £3500 in year 2 preclude me from being eligible for ILR because I've broken the terms of my visa?

Again any help would be hugely appreciated.

To qualify for ILR you need to have an income at the appropriate scale during the previous 12 months. If you make that amount you will qualify. It does not matter whether you are employed, self-employed or unemployed at any time during those 12 months or at the time of applying.

I guess you would be fine as long as you maintain the income threshhold. Dont complicate your head with your own self assumptions. Keep it simple.

Lucapooka wrote:To qualify for ILR you need to have an income at the appropriate scale during the previous 12 months. If you make that amount you will qualify. It does not matter whether you are employed, self-employed or unemployed at any time during those 12 months or at the time of applying.

Thanks for your quick reply Lucapooka.


There appears to be examples on here where meeting the income threshold for SE applicants isn't enough though:

SE applicant asked for evidence of economic activity from year 4
SE applicant asked for evidence of additional qualification relating to SE

Those threads are not relevant to your question. The first link is for a completely different category that is not points-based. The second link is with regard to potential fraud detection of trading that may not be genuine.

Thanks for clarifying Lucapooka, I really appreciate it.

Do you think it would cause problems if I used my Masters to get more points (thus lowering my required income threshold), or would it draw my ILR eligibility into question because I studied while on a Tier 1 (General)?