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Employment rules for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EEA-route section for queries about the EEA-route settled status under Appendix EU (EU settlement scheme)

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MrQuestion
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Joined: Thu Dec 03, 2020 4:21 pm

Employment rules for ILR

Post by MrQuestion » Mon Jul 19, 2021 12:03 pm

Hi everyone,

I'm eligible for ILR as of Dec 2021. I've currently got 2 employees on the payroll, and wanted to check in about my plan to ensure my employment requirements are met.

I should state that this plan is entirely relying on the updated provision in the Tier 1 guidance stating "The 12 month period employment requirement can be made up of multiple jobs across different months, but must be the equivalent to 2 full time jobs when combined."

Right, so my current employment record during my extension is:
  • Employee 1: Dec 2020 + Jan 2021 (2 months)
  • Employee 2: Dec 2020 - now (will be 8 months at the end of July 2021)
  • Employee 3: May 17 2021 - now (will be 2.5 months at the end of July 2021)

This creates a deficit of 11.5 months as of the end of July 2021.

To make up for this deficit:
  • Employee 2: Aug - Nov (4 months)
  • Employee 3: Aug - Nov 15 (3.5 months)
  • NEW HIRE - Employee 4: Aug - Sep (2 months)
  • NEW HIRE - Employee 5: Aug - Sep (2 months)
My intention, at the moment, would be to hire 2 temporary staff to fill the gap between Aug and Sep. To be honest, I don't need the staff, so I'm thinking of creating the positions to help out a few new university graduates, a sort of internship to start their careers. I've already used the Kickstart programme (Employee 3), and we've only been granted the one slot, so no other options there.

At any rate, does anyone see any particular issue with the above plan? This would total 24 months across 5 employees. Employee 2 would be for a full 12 months ("job 1"), with Employees 1,3,4,5 making up the other 12 months total ("job 2"). I guess my prime question is around "multiple jobs across different months" stated in the guidance - does that translate into any combination? Do the jobs have to be sequential, or can they be simultaneous as I'm attempting to do?

Any reassurance (or otherwise) would be very much appreciated.

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Zimba
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Re: Employment rules for ILR

Post by Zimba » Mon Jul 19, 2021 1:41 pm

24 months will be good. Jobs do NOT need to be continious
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

MrQuestion
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Posts: 13
Joined: Thu Dec 03, 2020 4:21 pm

Re: Employment rules for ILR

Post by MrQuestion » Mon Jul 19, 2021 3:13 pm

Thanks Zimba.

Ok, so ultimately all we need to do is craft 24 total months of employment under the revised rule.
In theory, I guess we could have also done 24 jobs at 1 month each, or could we have also done one person across 24 months now?

Just as long as everything eventually totals up to 24 months?

Cheers for the clarification.

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Zimba
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Re: Employment rules for ILR

Post by Zimba » Mon Jul 19, 2021 11:33 pm

This was not the case but changed due to COVID
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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