Settlement in the UK: what does it mean to be 'economically active'?

May 10, 2010

As advised, in our previous article on Indefinite Leave to Remain(ILR) in the UK, Settlement in the UK is an area of UK immigration law which is both varied and complex. However, we wish to focus on a specific regulation common to most settlement applications under the “working” visa categories, namely the requirement to be “economically active in the UK, in employment or self-employment or both.”

The UK Border Agency has now clarified that to be considered economically active:

  • there is no specific amount of hours required to meet this criteria. The applicants need to show, however, that they are able to accommodate and maintain themselves without recourse to public funds. For a definition of “public funds’ please refer to section 6 A of the Immigration Rules;
  • the applicant must be able to show that they are on maternity/paternity leave and have the documentary evidence to show that they are receiving statuary pay;
  • the applicant will need to show that they are actively seeking employment at the time of application;
  • the applicant will need to show evidence of having started a business.

If you have an enquiry relating to your immigration status or you ability to work in the UK, we can assist you in your application. Please contact us or book an appointment.

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