Economically Active Requirement?

[wm]

Hi all,

I have a question on the "economic activity" requirement for ILR applications.

Just to be clear I am applying for the ILR based on my 5 years as a Work Permit -> HSMP -> Tier 1 (General) holder.

In September 2008 I left my job, voluntarily, and went back to school to do a 10-month Masters degree. Times were tough so I didn't find a job straight away, which means I was unemployed for a total of 16 months (although I was applying for jobs for 14 of those months). During this time I did NOT rely on public funds. I have had a good job since January, and have a healthy savings account. I wish to apply for the ILR in June, by which time I will have amassed 5 payslips.

Does this constitute a problem? I've seen the UKBA guidelines (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary) and they state only that I should be "economically active", not that I should have been economically active for the entire five years. However speaking to various supposed experts gives me different answers so I'd like to see your experiences.

I've been going back and forth on this subject with solicitors and Home Office employees, and would really appreciate a definitive answer.

Thanks,
WM

[wm]

Hi all,

Can anyone please give me their thoughts on the below? I'd really appreciate your input.

Thanks,
WM

[bani]

I'm afraid only UKBA can give you the definitive answer.

Personally, I think you will get ILR, but it is not a straightforward case. Gaps in employment are OK on HSMP, as long as you are economically active at the time of ILR application. 16 months is quite a long gap and you might be asked about this, but you can bring proof that you were trying to find a job. Otherwise, I think 5 payslips is sufficient. You can also get a letter from your employer(s). Good luck.