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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 670
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am a Tier 1 (Gen) visa holder and have just completed

Resolved Question:

Hi,
I am a Tier 1 (Gen) visa holder and have just completed 5 years in the UK and intend to apply for my ILR soon. I am in employment currently but have resigned (and finish tomorrow) as I would like to take a short break and sort some personal targets out.
For my application to be successful, is it required that I be employed at the time of my ILR application even if I can more than make up the points required for earnings under the PBS and have sufficient funds to sustain myself and a dependent for atleast another year?
Thanks
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
Hello Thank you for your enquiry. Under the Tier 1 (General) route, there was no requirement to have a job offer or to be sponsored. Although the Tier 1 (General) visa is closed to new applicant, further applications for extensions and settlement is still open until 6 April 2018. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Franz,Your response does not answer my question and I am not sure why you say there "was" no requirement.Please advise if I need to be employed "at the time of application" for successful ILR as a Tier 1 (general) migrant to indicate that I have a source of income.Thanks
Expert:  frantzgregory replied 1 year ago.
Unfortunately I cannot give advice on JA. However, the rule under the Tier 1 (General) route, did not require an applicant to be in employment or be sponsored by an employer to have been successful in obtaining a Tier 1 (General) visa when you applied 5 years ago. This would suggest that being in employment isn't a requirement. Please note that the eligibility for applying for settlement does not indicate that you have to be in employment. You can apply for settlement if you have a Tier 1 (General) visa and you are in the UK and you have been resident in the UK for 5 years continuously. However you must pass the life in the UK test and meet the English language requirement. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
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