ILR Under ILR -Economic Activity

I am quite confused why the Immigration Group are implying that one needs to be employed/self employed for throughout the 5 year period.

The Operational Policy team are stating that one needs to be economically active at the time? Is this not confusing?

I also wrote to the Immigration Group on a separate occasion to which I got the same response as Raj.

Should get any further clarification? Do we need any further clarification?

Dear Umair,

Thank you for your response.

Please see response received from Operational policy - Employment of UK
Border Agency and I quote posted on a public forum http://www.whatdotheyknow.com/request/il...

**************************************************************************
Dated: 17th June 2009

"The Rules regarding Indefinite Leave to Remain for Highly Skilled
Migrant include a requirement at paragraph 135G (iii)that the applicant
is lawfully economically active in the United Kingdom in employment,
self-employment or a combination of both. 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.

I trust that this fully addresses your query.

Kind Regards

Operational policy - Employment
Guidance, Litigation and Advice Directorate
Directorate of Central Operations and Performance
Vulcan House - Iron
UK Border Agency
PO Box 3468
Sheffield
S3 8WA"

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Hence I am confused as your response implies that one needs to be
economically active for THROUGHOUT the 5 year period where as the
response from Operational Policy implies that economic activity needs to
be present AT THE TIME OF APPLICATION ONLY.

The response above refers to HSMP but I am on Tier 1 General Visa, but I
do not think there is any difference when it comes to being economically
active ? Am I right?

Looking forward for your response on the above.

Thanks & regards,

Nazir Ahmed

On Tue, 15 Sep 2009 20:39:53 +0100
"IND Public Enquiries" <UKBApublicenquiries@UKBA.gsi.gov.uk> wrote:

> > Dear Sir,
> >
> > Thank you for your enquiry.
> >
> You are required to show the evidence that you have been working or self
> employed in that period.
>
> You can provide the P60, pay slips, Tax returns, Business contracts in
> case you were self employed or any other documents
> for the case worker.
>
> Please see the policy guidance notes for more details.
>
> > Yours faithfully,
> >
> Umar Saif
> Immigration Group
> UK Border Agency
>
> If you intend to reply to this e-mail please ensure that you re-send all
> the information from your original enquiry.
>
> -----Original Message-----
> From: Nazir Ahmed [mailto:nazirmahmed@yahoo.com]
> Sent: 09 September 2009 21:01
> To: IND Public Enquiries
> Subject: Re: Immigration Question
>
> Dear Sir/Madam,
>
> Thank you for your response.
>
> I have sought legal advice from Immigration solicitors that appears
> contrary to the Immigration rule interpreted by yourself.
>
> The legal opinion I have obtained states the follows:
>
> 1) The applicant needs to be 'economically active' at the time of the
> application for ILR where applicant is on a Tier 1 General visa. This is
> consistent with section 9L of form SET(O).
>
> The question is as follows:
>
> "Evidence that you are economically active in the UK in employment or
> self-employment or both. The evidence should take the form of documents
> showing your personal earnings (if you are employed) or the business (if
> you are self-employed) "
>
> Given the above, can you confirm that the requirement is for applicants
> to be 'Economically active' instead of being in 'employment'. If yes,
> can you please provide guidance on how an applicant can prove that he
> was 'economical active'?
>
> Thank you for your time in this matter and I look forward to hearing
> >from you,
>
> Kind regards,
>
> Nazir Ahmed
>
>
> On Mon, 7 Sep 2009 20:13:55 +0100
> "IND Public Enquiries" <UKBApublicenquiries@UKBA.gsi.gov.uk> wrote:
>
> > Dear Mr Ahmed,
> >
> > Thank you for your enquiry.
> >
> > One of the main requirements relating to settlement on the basis of
> > Work Permit Employment / Tier 1 General is that the applicant has
> > spent a continuous period of five years in employment in the United
> > Kingdom in this capacity.
> >
> > Yours sincerely,
> >
> > Rez Jason
> >
> > Immigration Group
> >
> > UK Border Agency
> >
> > If you intend to reply to this e-mail please ensure that you re-send
> > all the information from your original enquiry.
> >
> >
> >
> > -----Original Message-----
> > From: Nazir Ahmed [mailto:nazirmahmed@yahoo.com]
> > Sent: 01 September 2009 21:47
> > To: IND Public Enquiries
> > Subject: Immigration Question
> >
> > Dear Sir/Madam,
> >
> > The following is a hypothetical question for which I would like to
> > know the immigration rules.
> >
> > Hypothetical question:
> >
> > I started my employment 5 years ago initially on a work permit. After
> > 3 years I switched to a Tier 1 General Visa. At the same time, I was
> > made redundant.
> >
> > For the last 2 years, I have been unemployed but am actively looking
> > for work.
> >
> > So now I have completed 5 years of stay in the UK (3 years on work
> > permit + 2 years on Tier 1 General Visa). The first 3 years I was
> > employed and the last 2 years I was unemployed).
> >
> > Given my personal circumstance above, am I eligible to apply for ILR
> > as I have completed 5 years stay in the UK? Does it matter that I was
> > unemployed for the last 2 years?
> >
> > Kind regards,
> >
> > Nazir Ahmed
> >
> > Tel Mob: +447713402386
> >
> >
> > Email: nazirmahmed@yahoo.com
> >
> > Note: If you are not the recipient addressed in this email and receive
>
> > this email in error, please do not copy, distribute or save any of the
>
> > contents in this email.
> > Please contact the sender on nazirmahmed@yahoo.comirmahmed@yahoo.com
> >
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> Kind regards,
>
> Nazir Ahmed
>
> Tel Mob: +447713402386
>
>
> Email: nazirmahmed@yahoo.com
>
> Note: If you are not the recipient addressed in this email and receive
> this email in error, please do not copy, distribute or save any of the
> contents in this email.
> Please contact the sender on nazirmahmed@yahoo.com
>
> This email was received from the INTERNET and scanned by the Government
> Secure Intranet anti-virus service supplied by Cable&Wireless in
> partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) In
> case of problems, please call your organisation's IT Helpdesk.
> Communications via the GSi may be automatically logged, monitored and/or
> recorded for legal purposes.
>
> The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the GSi this email was certified virus free.
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Kind regards,

Nazir Ahmed

Tel Mob: +447713402386

Email: nazirmahmed@yahoo.com

Note: If you are not the recipient addressed in this email and receive this
email in error, please do not copy, distribute or save any of the contents in this email.
Please contact the sender on nazirmahmed@yahoo.com

If a person is employed just for a few days or a month when he applies for ILR, so the rule of economically active will apply on him. Regards
Tahir