Tier 1 with period of unemployment

[dannizhou]

Hi,

I came to the UK to work in Sep 2007 with a work permit and by earlier Aug 2009 i applied and been granted Tier 1. I left the employer by the end of Aug 2009, and had been searching for a new job until Feb 2010, when i got a temporary job and worked for a month or so. Then I travelled for a while until i get my current job in June 2010.

This means, during the priod i was holding Tier 1, I had 4 months unemployed in 2009 and 5 months in 2010. However, I was staying in the UK for most of the time, so my total absence from UK is within 180 days.

Could you please advice if this might have an impact on my ILR application, and if there are any additional documents i should prepare for this?

Many thanks

Danni

[cs95tdg]

Being unemployed during part of your 5 year residency will not have an effect on your ILR application, so long as you qualify with the required PBS points (which will include previous earnings) and your absences are within the allowed limit. I.e. a total of 180 days with no single absence being over 90 days.

[dannizhou]

Many thanks for the reply!

For the PBS points, I thought as long as the most recent continued 12 months’ earning meet the PBS points, it’s ok.

When I use the Point based calculator, they refer to 5 points for UK experience, where
You can be awarded five points if you have previous earnings made in the UK.

They further explain that:

‘If you have permission to stay in the UK as a Tier 1 (General) migrant, a Highly Skilled Migrant, a Writer, Composer or Artist or as a Self-Employed Lawyer under the rules in place before 6 April 2010, you can score five points for UK experience if £16,000 or more of the previous earnings for which you are claiming points were earned in the UK.

If you have permission to stay in any other category you can score five points if £25,000 or more of the previous earnings for which you are claiming points were earned in the UK.’

I don’t quite get what they mean above? Is this what you referred to as the requirement for PBS for previous earnings?

Thanks a lot!

[cs95tdg]

To qualify for ILR you will need to earn a certain number of points (PBS - Points Based Score) just like you did when you applied for your Tier 1 Application (i.e. this consists of categories such as Age, Education, Previous Earnings). And yes, for previous earnings what is considered here will be any 12 consecutive month period within the 15 months prior to your application. The number of points you need will depend on when you made you initial Tier 1 General Application. This is what I was referring to above. You need to read the SET(O) form and understand the sections you need to fill.