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IRL and unemployment during Tier 1 General
Posted: Sun Nov 28, 2010 3:40 pm
by sheraz_aries
Hi
I am on tier 1 general visa since Mar2009 , and had a gap in employment for 5 months. I have seen loads of threads regarding the employment gaps on different threads but still confused about,
1-Does the unemployment in tier 1 general will effect on ILR or not?
The below is what I found on SET(0) form.
Tier 1 (General) migrant If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in the UK made up of leave as a Tier 1 (General) migrant and leave as a highly skilled migrant, work permit holder, innovator, self-employed lawyer or writer, composer or artist, in addition to the relevant documents in 9A, you must provide the following documents:
Evidence that you are economically active in the UK in employment or self-employment or both. The evi¬dence should take the form of documents showing your personal earnings (if you are employed) or business accounts (if you are self-employed).
For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules
Another doc for ILR has one paragraph saying:
there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;
2-Does it mean you cannot be unemployed for the period for 3 months in continuation?
(because on some threads people have mentioned that they have provided P60s for all 5 years, to show that they were economically active.
3-I cannot see anywhere on the form where they specifically asking for evidence for employment during the whole 5 years in clear words.
Posted: Sun Nov 28, 2010 5:41 pm
by morpheus_2008
which is this another ILR doc are you refering to ?
Set(O) doesnt have anything about employment interruptions.
Posted: Sun Nov 28, 2010 5:54 pm
by sheraz_aries
morpheus_2008 wrote:which is this another ILR doc are you refering to ?
Set(O) doesnt have anything about employment interruptions.
this is the Other doc i am refering to:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Posted: Sun Nov 28, 2010 8:33 pm
by antouk
this is the same question i too have raised in this
thread.
Posted: Sun Nov 28, 2010 8:37 pm
by sheraz_aries
antouk wrote:this is the same question i too have raised in this
thread.
Yes its really confusing, i could not understand this paragraph:
there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total.
Although i saw some cases in these forum who got there ILR with having 5-5 unemployment during there HSMP...totally confused:(
Posted: Sun Nov 28, 2010 8:43 pm
by calvtan
Posted: Sun Nov 28, 2010 8:46 pm
by calvtan
Posted: Sun Nov 28, 2010 9:18 pm
by morpheus_2008
I think policy document speaks about 'Discretion in cases where continuous residence has been broken' do u come under this criteria ?
If you are not , I cannt see the problem.
Also calvtan's link explains the obvious.
Posted: Sun Nov 28, 2010 9:22 pm
by sheraz_aries
morpheus_2008 wrote:I think policy document speaks about 'Discretion in cases where continuous residence has been broken' do u come under this criteria ?
If you are not , I cannt see the problem.
Also calvtan's link explains the obvious.
'Discretion in cases where continuous residence has been broken'
Could you explain the above line please?
Posted: Sun Nov 28, 2010 10:09 pm
by sheraz_aries
morpheus_2008 wrote:I think policy document speaks about 'Discretion in cases where continuous residence has been broken' do u come under this criteria ?
If you are not , I cannt see the problem.
Also calvtan's link explains the obvious.
Does this rule apply on 5-6 months contineous gap in employment during Tier 1 general ?
Posted: Mon Nov 29, 2010 1:44 pm
by sheraz_aries
Can any one clearify please?
Posted: Mon Nov 29, 2010 6:55 pm
by sriaady
As long as you hae P60 for your 5 years there should be no problem. They ask you for the payslips for the last 3 months and bank statements for the last 3 months. The bank account should ideally be your salary account.
I recently got my ILR granted and had a employment gap of 4 months.
Posted: Mon Nov 29, 2010 7:49 pm
by sheraz_aries
sriaady wrote:As long as you hae P60 for your 5 years there should be no problem. They ask you for the payslips for the last 3 months and bank statements for the last 3 months. The bank account should ideally be your salary account.
I recently got my ILR granted and had a employment gap of 4 months.
Many thanks for your reply...
But i also got my P60 lost, is it possible to show proof of earning for the period i worked from my previous employer?
Many thanks
Posted: Tue Nov 30, 2010 10:38 am
by sriaady
If you have lost your P60, then it is worth contacting your employer and asking them a copy of the P60 for that particular year. Get the copy attested by them.
Otherwise, take your P45 to show the earnings from your previous employer for that period.
Posted: Tue Nov 30, 2010 11:23 am
by sheraz_aries
sriaady wrote:If you have lost your P60, then it is worth contacting your employer and asking them a copy of the P60 for that particular year. Get the copy attested by them.
Otherwise, take your P45 to show the earnings from your previous employer for that period.
Actually my employer havent got the copy of p60 and my P45 lost in post aswell. Would it will be okay to get a letter from previous employee mentioning the dates i joined and leave along with the total earning, Tax paid and NI contribution, On company letter head with HR signature?
Posted: Sun Dec 19, 2010 12:18 pm
by fahadz1
sheraz_aries wrote:sriaady wrote:If you have lost your P60, then it is worth contacting your employer and asking them a copy of the P60 for that particular year. Get the copy attested by them.
Otherwise, take your P45 to show the earnings from your previous employer for that period.
Actually my employer havent got the copy of p60 and my P45 lost in post aswell. Would it will be okay to get a letter from previous employee mentioning the dates i joined and leave along with the total earning, Tax paid and NI contribution, On company letter head with HR signature?
same i had situation .. call to HMRC guys and they will send you replacement which is called statment of earning... tell them you NI no and tax year you like to have your earnings
Posted: Sun Dec 19, 2010 3:48 pm
by eager2learn
fahadz1 wrote:sheraz_aries wrote:sriaady wrote:If you have lost your P60, then it is worth contacting your employer and asking them a copy of the P60 for that particular year. Get the copy attested by them.
Otherwise, take your P45 to show the earnings from your previous employer for that period.
Actually my employer havent got the copy of p60 and my P45 lost in post aswell. Would it will be okay to get a letter from previous employee mentioning the dates i joined and leave along with the total earning, Tax paid and NI contribution, On company letter head with HR signature?
same i had situation .. call to HMRC guys and they will send you replacement which is called statment of earning... tell them you NI no and tax year you like to have your earnings
Hi Fahad, which number did you call for HMRC statements?
Posted: Sun Dec 19, 2010 10:58 pm
by fahadz1
eager2learn wrote:fahadz1 wrote:sheraz_aries wrote:sriaady wrote:If you have lost your P60, then it is worth contacting your employer and asking them a copy of the P60 for that particular year. Get the copy attested by them.
Otherwise, take your P45 to show the earnings from your previous employer for that period.
Actually my employer havent got the copy of p60 and my P45 lost in post aswell. Would it will be okay to get a letter from previous employee mentioning the dates i joined and leave along with the total earning, Tax paid and NI contribution, On company letter head with HR signature?
same i had situation .. call to HMRC guys and they will send you replacement which is called statment of earning... tell them you NI no and tax year you like to have your earnings
Hi Fahad, which number did you call for HMRC statements?
this is the no ....01619319070