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Hello,

Thanks for providing a place for solving immigration questions! I am qualified for long residence settlement and meet the requirements of valid continuous stay, have all the passports.

However, when I read the immigration law, I am confused about the Employment Record section:
According to the description, employment record is a significant factor for consideration although not having a record is not in itself a reason to refuse. However, it states later that the lack of a record of income tax or national insurance contributions would count against the applicant.

I had Tier 4 student visas for master and PhD degree and then Tier 2 Dependent visa till now. After the graduation of PhD I started to study another subject but only took short courses every year so do not hold a student status. Because of these, during the 10 year period, I have not had any national insurance contribution or employment history. I also have not had any public funds or charges.

My questions are as below:

1. How likely is that I would be rejected by SET(LR) given my absent of employment record and national insurance/tax contribution?
2. I am planning to work as a professional when I complete the current training and study and I intend to state so in the covering letter. Is there anything else that I could add in the covering letter to explain my lack of employment record?

Many thanks!

Hello all,

I need some help on immigration rules regarding long residence and thanks in advance for reading the post.

I am preparing for the Long Residence Settlement application and when I read the immigration rules, I am confused about the Employment Record section (276Bii):
According to the description, employment record is a significant factor for consideration although not having a record is not in itself a reason to refuse. However, it states later that the lack of a record of income tax or national insurance contributions would count against the applicant.

Could someone help me by clarifying what 276Bii(c) means exactly and how it applies in deciding the outcome of Long Residence applications? I am qualified for long residence settlement and meet the requirements of valid continuous stay and have all other required documents. However, I do not have any national insurance or tax contribution. I wonder would this be a reason to refuse my application apart from that I have met all the other requirements?

Many thanks!

Employment is not mandatory and should not be a ground for refusal provided you have not worked in breach of your visa conditions.

CR001 wrote: ↑

Thu Sep 13, 2018 7:34 am

Employment is not mandatory and should not be a ground for refusal provided you have not worked in breach of your visa conditions.

Thanks for the reply. Yes this is not mandatory. Where against public good can be a reason for refusal, in 276B(ii) it is very unclear what exactly the criteria is to consider employment record as the factor that against public interest.

I am curious about how likely and to what extent that applications could be refused based on 276B(ii)?

It refers to being of bad character, ie working illegally, crime, being an overstayer or being convicted etc.

NOT being employed is not a grounds for refusal. You are perhaps overthinking this a little.

CR001 wrote: ↑

Thu Sep 13, 2018 1:50 pm

It refers to being of bad character, ie working illegally, crime, being an overstayer or being convicted etc.

NOT being employed is not a grounds for refusal. You are perhaps overthinking this a little.

Thanks again for the reply and now I feel much better! I hope this post and your reply could help others who overthink like me

There are many applicants, often wives who don't work, who are successful with long residence if they have held valid visas in any category for 10 years.

CR001 wrote: ↑

Thu Sep 13, 2018 2:38 pm

There are many applicants, often wives who don't work, who are successful with long residence if they have held valid visas in any category for 10 years.

Thanks for the information. Very useful to me.

Hi
My wife got ILR on basis of 10 year rule even never worked and she was my dependent.

Best wishes

Amjad from leeds