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I am assuming that the CW might have overlooked that you fall under the transitional arrangements. You can just clarify the same again and it should work as you are covered under the transitional arrangements and Job 2 does not have to exist for 12 months. In total you should have 24 months what you have.VWS wrote: ↑Tue Apr 30, 2019 2:52 pmHi Gurus & friends...
I have applied for ILR towards the end of last year. I was under the transitional arrangements as my initial T1 visa was approved in 10/2013. Later on the extension was approved in 05/2017.
For ILR, I have created 2 Full time jobs after my extension visa was issued. I have claimed 17 months for 1 FT job and 7 months for another full time job. Details are as follows:
Job 1: start date: 16/12/2017 - Full time (while extension application was with HO)
Claim from: 01/06/2017 till 31/10/2018 (17 months) Full time.
Job 2: start date: 27/12/2017 - 28/02/2018 - Part time (while extension application was with HO)
Claim from 01/03/2018 till 31/10/2018 (07 months) Full time
Case worker has sent me an email that the 2nd job which I have claimed for 7 months does not cover the full 12 month period required. Also they have given me a chance to provide with 5 months payslip if I have to cover the required period.
I was under the impression that I am covered under transitional arrangements.
I have other employee but not sure if this will cover another 5 months.
Any ideas on how should I respond? I also wrote a covering letter mentioning all this but yet I have received this email.
Any help is much appreciated.
Thanks a lot mohsenmohsensari wrote: ↑Tue Apr 30, 2019 5:07 pmJob creation
The Tier 1 Entrepreneur route is for those who will bring investment to the UK economy and create sustainable jobs, not just for themselves, but also for workers settled in the UK.
All the following rules and definitions apply to the extension and settlement job creation requirements:
Tier 1 (Entrepreneur) Policy Guidance – version 0 7 /2018 – Page 28
(a) A full time job is one involving at least 30 hours of paid work a week.
(b) “The equivalent of” a full time job means two or more part time jobs which add up to 30 hours a week will count as one full time job, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job.
(c) The jobs must have existed for at least 12 months during the period of the most recent grant of leave as a Tier 1 (Entrepreneur) migrant.
(d) A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year) providing it is the same job.
(e) The jobs need not exist on the date of application, provided they existed for at least 12 months during the period of the most recent grant of leave.
(f) Different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period. The only exception is where you successfully applied as a Tier 1 (Entrepreneur) migrant before 6 April 2014 in which case you may be able to apply the job creation rules allowed under a transitional arrangement. Further details on transitional arrangements can be found below.
(g) If jobs are being combined, with two part time employees being used to create the equivalent of one full time job, the employees being relied upon must be clearly identified by you in your application.
(h) The jobs must comply with all relevant UK legislation including, but not limited to, the National Minimum Wage and the Working Time Directive.
The table below sets out how we will consider job creation for different types of application
Table E: Job creation table
During your initial leave
You are applying for your first extension application
During your extension period of leave
You are applying for a second extension or 5 year settlement application
You need to create 2 jobs which exist for 12 months.
The Home Office will assess the employment activity from the initial period of leave.
You must: Maintain the 2 jobs created in your initial leave for a further 12 months, or
Create 2 more jobs which exist for 12 months, if the 2 jobs created during your initial period of leave have ceased to exist.
The Home Office will assess the employment activity from the extension period of leave.
If you are applying for a second extension or 5 year settlement application:
Tier 1 (Entrepreneur) Policy Guidance – version 0 7 /2018 – Page 29
• You can only score points for employment activity from your most recent extension period of leave.
• You cannot claim points for any employment activity from your initial period of leave (as this can only be used to score points for your first extension application).
Pre 6 April 2014 transitional arrangement- job creation
If you successfully applied to enter and have continually remained in the route since before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation for):
• 1 worker for 24 months
• 1 worker for 6 months and one for 18 months
• 4 workers for 6 months each
Please note: This transitional arrangement will come to an end on 6 April 2019. If you intend to make an extension or settlement application on or after 6 April 2019, you will not be able to rely on this transitional arrangement.