question about continous employment in ILR

[golu]

hi,

If things go ok I will quaify for ILR in 2012. however I had a question. When I applied for my first HSMP leave to remain in June2007, I used to work for a company until oct 2007. That company is closed now and hence I dont have any proof of income from june 2007 to oct 2007. Can this affect my chance for ILR? Do they expect us to be in employment for full 5 years ?

Kindly advise,

Golu

[kunald]

IMO, it should not affect your ILR application in 2012. As per current rules you need to be economically active when you apply for ILR and your salary should be in the same band (or more) when you first applied for HSMP. If you have P60 for the first year that should suffice. Alternatively you can request a tax history from HMRC.

[Aryan2013]

Alternatively you can request a tax history from HMRC.

How do you request a tax history from HMRC??

[deepu_0158]

As per current rules you need to be economically active when you apply for ILR and your salary should be in the same band (or more) when you first applied for HSMP

Correct me if I am wrong
I have not seen anywhere in the ILR Guidance mentioning about the salary being in the same band or more, I think that we have to score 75-80 ponts from those tables.

Can you point me where it said about the salary band(same or more) in the new Application form or guidance

[[iD]]

As per current rules you need to be economically active when you apply for ILR and your salary should be in the same band (or more) when you first applied for HSMP

Correct me if I am wrong
I have not seen anywhere in the ILR Guidance mentioning about the salary being in the same band or more, I think that we have to score 75-80 ponts from those tables.

Can you point me where it said about the salary band(same or more) in the new Application form or guidance

Also, I wanna know if they ever asked for 5 years employment history.

[kunald]

How do you request a tax history from HMRC??

Refer to this thread

Can you point me where it said about the salary band(same or more) in the new Application form or guidance

You are right. It is NOT mentioned in the application form or guidance notes but it is included in the Statement of changes in immigration rules (Refer to EXPLANATORY MEMORANDUM TOTHE STATEMENT OF CHANGES IN IMMIGRATION RULESLAID ON 16 MARCH 2011 (HC 863)....Sec 2.1 (Bullet #8 ) - Page (53/67)

To apply to settlement applications made by skilled and highly skilled migrants the income criteria that applied when they last extended their permission to stay, and to require such applicants to pass the ‘Life in the UK’ test prior to gaining settlement, except those applying under transitional arrangements;

As you rightly said, it is NOT mentioned in the application form or guidance notes, I am hoping too that they will not stress on this factor but it is better to remain prepared as "same income criteria" and "criminality threshold" are the major factors in this change.

Also, I wanna know if they ever asked for 5 years employment history.

To my knowledge they never asked for 5 years employment history but its safer to take all 5 years P60 just in case.

[golu]

thanks guys for replies.

I still have P60 for all my years, its just that I dont have payslips, I hope they dont ask for all 5 years payslips, because since the company is closed I cant get the payslips anyways

[deepu_0158]

Applicants for indefinite leave to remain as a Tier 1 (General) Migrant will also be required to pass the same points test as they had to pass when they applied for further leave to remain. This effectively means that applicants will need to have achieved the same minimum level of earnings as they had to achieve in their previous application.

You are right. it is included in the Statement of changes in immigration rules (Refer to EXPLANATORY MEMORANDUM TOTHE STATEMENT OF CHANGES IN IMMIGRATION RULESLAID ON 16 MARCH 2011 (HC 863).

Seniors can you please shed some light on this please.

I am a bit worried now!!

[golu]

doesnt it mean, that for the last year you should satisfy your 75 points criteria and not for all 5 years ? because technically you have proved your previous years when you applied for your extension ?

So my take is , you need to get 75 points, with age and qual coming from your first application and for salary points, you calculate it from your last 12 months leading to ILR