Economically Active

[kpk1234]

Hi I am due to apply for my ILR next year. I have a question regarding Economically active. Its a bit too early to ask I guess, but wanted to be clear my self. During my stay in Uk i was unemployed for almost 6 months will it have any effect on my application.


Many Thanks

[cs95tdg]

The fact that you were unemployed for a 6 month period on its own, will not affect your ILR application. I.e. there is no requirement that you need to be employed throughout every month of the 5 year residence period. Your P60's can serve as proof that you were economically active over the residence period as a whole.

[Gagan1986]

The fact that you were unemployed for a 6 month period on its own, will not affect your ILR application. I.e. there is no requirement that you need to be employed throughout every month of the 5 year residence period. Your P60's can serve as proof that you were economically active over the residence period as a whole.

Does that imply to 5 year work permit holders too?

[cs95tdg]

Technically if you are on a WP, you wouldn't ever be unemployed (as that is a employer sponsored immigration category). So therefore during the time period you are on a WP you will need to show that you met the requirements of that WP (this is usually done using your P60).

[Gagan1986]

Technically if you are on a WP, you wouldn't ever be unemployed (as that is a employer sponsored immigration category). So therefore during the time period you are on a WP you will need to show that you met the requirements of that WP (this is usually done using your P60).

Many thanks. Totally agree, I am a 5 yr wp holder and have got PEO next week.I left the company and rejoined the same company within 4 months. Only left Uk for 35 days and rest of the time was in Uk waiting to get transferred. Notified Home Office, they agreed its fine n just asked us to fill in ' notification of technical change form' and agreed the same leave/work permit is fine. You think that going to be potential problem? All P60's are fine except for that tax year which is 400 less than the salary I got my work permit approved on

[cs95tdg]

Do you have any form of written confirmation from the Home Office, for the technical change? Additionally, when you initially left the company did your employer not notify the Home Office of the fact, i.e. resulting in the end of that WP?

[Gagan1986]

Do you have any form of written confirmation from the Home Office, for the technical change? Additionally, when you initially left the company did your employer not notify the Home Office of the fact, i.e. resulting in the end of that WP?

Yes have written letter from Home Office plus email from caseworker who sent my employer saying that everything is in order.

Company did inform HO, who in return curtailed the visa. When I joined again after 4 months, we notified them and they advised to send us technical change form and we will reinstate the leave and same wp is fine and will run till its original expiry date.

what do you make of it?

[cs95tdg]

A few more questions:

If you left the UK (for 35 days) after leaving that job, upon which the your WP leave was curtailed by the Home Office, how did you return to the UK? I.e. did you have to apply for EC again?

I'm trying to understand what your immigration status was during the time period between when you returned to the UK and re-joined the company (i.e. after your original WP leave was reinstated). You mention that there was a gap of 4 months... it's this period that isn't clear to me.

If you had valid leave to remain throughout the 5 years & meet all other ILR requirements including absences I don't foresee any issues in your application.

[Gagan1986]

Apparently, when my employer notified HO they must have taken a while to update their system. So when i returned to UK i was not asked anything at the airport. Came back, waited for my transfer and after getting the job back notified HO who informed us that what had happened and then asked to fill techincal change form. So to be very honest even am not aware what my immigration status was during those 4 months.

No one has any idea what the status was, as it is very rare HO agrees to just ask for a techincal change form rather than ask to apply for new WP. So i was lucky.

My absences in the UK are not more than 180 days in 5 years. Salary is more than stated in SOC code etc, bank statements, pay slips are all fine. Its just in one P60 the amount is £400 less than the agreed work permit approved amount in the starting

[Gagan1986]

Any more Guru's/moderator's who would like to comment on this challenging/complex situation please?