Economic Activity for ILR

S Garg made this Freedom of Information request to UK Border Agency

The request was successful.

From: S Garg

2 November 2009

Dear Sir or Madam,
I wish to enquire regarding the internal guidelines for
interpretation of the rule-

135G (iii)that the applicant is lawfully economically active in the
United Kingdom in employment, self-employment or a combination of
both.

A question by a friend attracted following clarification from UKBA-
As this refers to an individual's present economic status, it is
their position at the time of the decision that is decisive rather
than any requirement to be employed for a minimum period of
employment during their limited leave.
As such, providing that an individual is able to demonstrate that
they are economically active in either employment, self employment
or a combination of both when they apply for ILR as a HSMP
participant they will meet this requirement.

My Questions-

1. Do you consider 'actively seeking work' also as economic
activity? OR does the applicant have to be in employment or self
employment on the date of application? This question is due to the
fact that being earning is not in control of the applicannt. He may
be made redundant a few days before the date of his application for
ILR.

2. I wish to enquire if you consider 'is lawfully economically
active' as status during the period of HSMP (4or5 years) or only is
applicable to the date of application?
Surely the sentiment in placing the 'is economically active' clause
refer to most of the period of his stay and not merely for the date
of application.

Please consider a scenario- A person works for 3 out of 4-5 years
and cannot find work just before the date of his ILR application.
Would he qualify under the above rule?

3. Do you interpret 'IS' as present tense to the date of
application OR to the time of decision?
Surely it must be date of application.

Please respond to the questions clearly. I shall be obliged.

Yours faithfully,

SG

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From: Employment Policy

5 November 2009

Dear Sirs

Please find the response to your numbered points below.

1. In order to meet this requirement an applicant must be in employment,
self employment or a combination of both when they apply for indefinite
leave to remain (ILR). Where this is not the case, they will not
qualify for indefinite leave to remain and should look to extend their
leave under the relevant immigration category.

2. In assessing the ILR application, the emphasis is on whether the
applicant is in employment at the time of application as it is this that
indicates they are able to continue supporting themselves. The purpose
of the HSMP scheme was to attract those highly skilled individuals who
would be of benefit to the UK economy, as such it is reasonable to
expect them to be able to demonstrate their ability to fulfil this
purpose through being economically active.

3. When submitting an application an applicant should provide evidence
that reflects their current position. As such economic activity would
normally be considered at the time of application. However there may be
some limited scenarios where it is necessary for us to look at a more up
to date position, such as where the Ilr application is submitted early
and the case is not being considered until the relevant period of
residence has been completed.

Kind regards

NEYH Regional Operational Policy Team
UK Border Agency
Vulcan House - Iron
PO Box 3468
Sheffield
S3 8WA

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From: S Garg

13 March 2010

Dear Employment Policy,

I require further clarification-

In the Form Set(O) Point 9H (for HSMP under court ruling
candidates) states-
If you are employed, document(s) showing your economic activity and
your personal earnings during your stay in the UK.

Does it mean payslips and bank statements for the last 4 years
needs to be submitted or is it for the last x months? If later what
could be the x months.

Also please take notice of of Note 5 of SET(O)

NOTE 5-We do not accept internet or cashpoint statements as
evidence of finances. If you claim that a relative or friend is
providing you with financial support (see question 5.4), in
addition to evidence of your own finances, you must provide bank
statements or other documents of the kind described above as
evidence of their financial resources. The documents showing the
finances available to you and to any person supporting you should
cover at least the last 3 months.

Please note the last sentence of this note, which implies that 3
months of payslips are required.

MY QUESTION
Please clarify if The applicant needs to be in employment for any
minimum period immidiately before the date of ILR application (SET
O).

Yours sincerely,

S Garg

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From: Musgrave, Gareth

16 March 2010

Dear S Garg,

As previously advised, the requirement to be economically active is only
relevant to the ILR application. As such, it is not necessary to show
that you have been economically active throughout the whole of your HSMP
leave. In demonstrating that you are economically active it would
normally be appropriate to supply documents showing employment or self
employment for a period of around three months immediately prior to the
ILR application.
However the key issue is that you can demonstrate that you are employed
at the time you make your ILR application.

Kind regards

NEYH Regional Operational Policy Team
UK Border Agency
Vulcan House - Steel
PO Box 3468
Sheffield
S3 8WA

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