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Clarification Email from Home Office

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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VWS
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Posts: 85
Joined: Wed Sep 21, 2016 7:46 am

Clarification Email from Home Office

Post by VWS » Tue Apr 30, 2019 2:52 pm

Hi 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.

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CULLINAN
Respected Guru
Posts: 11095
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Clarification Email from Home Office

Post by CULLINAN » Tue Apr 30, 2019 3:45 pm

VWS wrote:
Tue Apr 30, 2019 2:52 pm
Hi 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.
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.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

VWS
Junior Member
Posts: 85
Joined: Wed Sep 21, 2016 7:46 am

Re: Clarification Email from Home Office

Post by VWS » Tue Apr 30, 2019 4:07 pm

Hi tier11417

Thanks for that. I also think the same that CW is considering the updated version of guidance which has been issued in March 2019.

Do you have the old version by any chance which was updated in Nov 2018 as I will use that to get back to him.

Anyone if you have the old version saved!!!!!!

Help is much appreciated.

thanks in advance.

mohsensari
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Posts: 178
Joined: Fri Dec 30, 2016 11:04 pm

Re: Clarification Email from Home Office

Post by mohsensari » Tue Apr 30, 2019 4:43 pm

I have the version 11/2018
I was trying to attach it but got an error.

VWS
Junior Member
Posts: 85
Joined: Wed Sep 21, 2016 7:46 am

Re: Clarification Email from Home Office

Post by VWS » Tue Apr 30, 2019 4:53 pm

Thanks a lot Mohsen

Can you please re-try attaching.

Or if possible can you paste a drop box shared file link?

I have tried so much online but still unable to find the nov 2018 guidance.

desperate times!!

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CULLINAN
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Re: Clarification Email from Home Office

Post by CULLINAN » Tue Apr 30, 2019 5:01 pm

You can just give reference version 11/2018. HO should have access to it anyways.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

mohsensari
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Posts: 178
Joined: Fri Dec 30, 2016 11:04 pm

Re: Clarification Email from Home Office

Post by mohsensari » Tue Apr 30, 2019 5:07 pm

Job 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.

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CULLINAN
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Posts: 11095
Joined: Wed Sep 13, 2017 9:51 pm
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Re: Clarification Email from Home Office

Post by CULLINAN » Tue Apr 30, 2019 5:11 pm

What date did you apply in Dec? Seems like you will have your decision soon after your reply. Goodluck!
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

VWS
Junior Member
Posts: 85
Joined: Wed Sep 21, 2016 7:46 am

Re: Clarification Email from Home Office

Post by VWS » Tue Apr 30, 2019 5:19 pm

mohsensari wrote:
Tue Apr 30, 2019 5:07 pm
Job 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.
Thanks a lot mohsen

Your help is highly appreciated.


Tier11417

I applied on 05 Nov 2018. I hope so... been a long time almost 6 months.

Thanks

moongesture
Member of Standing
Posts: 291
Joined: Sat Oct 13, 2012 12:06 pm

Re: Clarification Email from Home Office

Post by moongesture » Tue Apr 30, 2019 7:41 pm

https://assets.publishing.service.gov.u ... df#page372

Click on above link and look for Page 393 Paragraph D of Appendix A (05-11-2018).

If you are under transitional agreement and applied before 6/4/19 then you can claim combination of different jobs to make total employment hour required.

VWS
Junior Member
Posts: 85
Joined: Wed Sep 21, 2016 7:46 am

Re: Clarification Email from Home Office

Post by VWS » Tue Apr 30, 2019 10:05 pm

Many thanks to all of you :)

Your help is highly appreciated.

Yes I am under the transitional arrangements and like I mentioned I applied on 5/11/2018 so I think I have satisfied the requirement.

I hope this all turns out positive.

All the best whose decisions are pending and to myself as well.

Cheers

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