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Entrepreneur visa - Job Creation ILR

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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ishent
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Sri Lanka

Entrepreneur visa - Job Creation ILR

Post by ishent » Fri Jan 11, 2019 11:03 am

Hello everyone,

Need some advice regards to ILR job creation. here is my timeline

Initial Grant - 05 March 2014 ( ***before transitional arrangement)
Applied for Extension - 02 March 2017
Extension Approved - 05 May 2018 (After 1 year and 2 months)

My 5 years will be completed by 05 March 2019 , which is in about 2 months time

As I granted my initial visa before the transitional arrangement,
I got my Extension visa approved by showing one employee working for 24 months

So this same employee is still working for me and I made another full time job since August 2019

May I know if the following statement is true?

According to the new rules if the extension visa took longer, but you meet your ILR date before 12 months from extension approval date (my 12 months completes on 05 May 2019) you can still apply for ILR.

So since my extension applied date to 05 March 2019(date my 5 years completing)

same employee has worked for 2 years
new employee has worked for 7 months


As I am eligible for transitional arrangement for showing 18 months worker and 6 moths worker? Can I apply before they **stop transitional arrangement on 09 April 2019**



Hope you guys will advice me!

Thanks in advance!

aman90
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Joined: Wed Dec 24, 2014 8:41 pm

Re: Entrepreneur visa - Job Creation ILR

Post by aman90 » Fri Jan 11, 2019 4:27 pm

ishent wrote:
Fri Jan 11, 2019 11:03 am
Hello everyone,

Need some advice regards to ILR job creation. here is my timeline

Initial Grant - 05 March 2014 ( ***before transitional arrangement)
Applied for Extension - 02 March 2017 irrelevant
Extension Approved - 05 May 2018 (After 1 year and 2 months)

:/

My 5 years will be completed by 05 March 2019 , which is in about 2 months time

You can apply within 28 days of your 5th year anniversary
05/03/14 minus 28 days
As I granted my initial visa before the transitional arrangement,
I got my Extension visa approved by showing one employee working for 24 months

So this same employee is still working for me and I made another full time job since August 2019

August 2018? Or August 2017?

May I know if the following statement is true?

According to the new rules if the extension visa took longer, but you meet your ILR date before 12 months from extension approval date (my 12 months completes on 05 May 2019) you can still apply for ILR.

Correct.. sort of

So since my extension applied date to 05 March 2019(date my 5 years completing)

same employee has worked for 2 years
new employee has worked for 7 months


As I am eligible for transitional arrangement for showing 18 months worker and 6 moths worker? Can I apply before they **stop transitional arrangement on 09 April 2019**

6th April 2019. Yes.

Hope you guys will advice me!

Thanks in advance!

Applicants can apply.. where jobs have not existed for 12 months since their last grant of leave, providing the job has existed for 12 months before the date of the application.
In your case:
Assuming you qualify on 05/02/19 for ILR
Go back exactly 12 months for RTI FPS n payslips
Now apply this to ur situation.

aman90
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Re: Entrepreneur visa - Job Creation ILR

Post by aman90 » Fri Jan 11, 2019 4:38 pm

The only way you’ll qualify before 05/03/19 is by hiring atleast 2 extra new full time Jobs.

tier11417
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Pakistan

Re: Entrepreneur visa - Job Creation ILR

Post by tier11417 » Fri Jan 11, 2019 6:53 pm

ishent wrote:
Fri Jan 11, 2019 11:03 am
Hello everyone,

Need some advice regards to ILR job creation. here is my timeline

Initial Grant - 05 March 2014 ( ***before transitional arrangement)
Applied for Extension - 02 March 2017
Extension Approved - 05 May 2018 (After 1 year and 2 months)

My 5 years will be completed by 05 March 2019 , which is in about 2 months time

As I granted my initial visa before the transitional arrangement,
I got my Extension visa approved by showing one employee working for 24 months

So this same employee is still working for me and I made another full time job since August 2019. I am assuming this is 5th Aug 2018 as it seems a typo error. Lets say employee 2

May I know if the following statement is true?

According to the new rules if the extension visa took longer, but you meet your ILR date before 12 months from extension approval date (my 12 months completes on 05 May 2019) you can still apply for ILR.

So since my extension applied date to 05 March 2019(date my 5 years completing)

same employee has worked for 2 years
new employee has worked for 7 months


As I am eligible for transitional arrangement for showing 18 months worker and 6 moths worker? Can I apply before they **stop transitional arrangement on 09 April 2019**



Hope you guys will advice me!

Thanks in advance!
You qualify to apply on 5th March 2019 minus 28 days. Since your ILR date will be less than 12 months from extension date you fall under the exception rule.
So lets assume you apply on the 5th April 2019(before transional ends).
You can claim your job creation between 5th April 2018 - 4th April 2019.

Now you need to have 104 weeks of FT employmemt between the above mentioned dates as you can only claim that.

Since your employee 1 is continuos employed you will have 12 months for that.
Employee 2 as mentioned above will have 9 months. (If you give correct dates will be beneficial)

So you need 3 more months. If you can hire someone for 3 months between now and 5th April 2019 you can apply using transitional arragements.


Otherwise you will need 2 FT jobs for 12 months each.

I would advise you create 3 months FT employment asap and apply before 5th April 2019. You can even create this with 2 more employees.

It’s difficult for you to apply in March tho as its already 11th January but you can fit in before 5th April.

tier11417
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Posts: 790
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Entrepreneur visa - Job Creation ILR

Post by tier11417 » Fri Jan 11, 2019 7:49 pm

correction: you need 4 extra months.

employee 2: 8 months**

tier11417
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Pakistan

Re: Entrepreneur visa - Job Creation ILR

Post by tier11417 » Fri Jan 11, 2019 7:50 pm

aman90 wrote:
Fri Jan 11, 2019 4:38 pm
The only way you’ll qualify before 05/03/19 is by hiring atleast 2 extra new full time Jobs.

👍 meaning 2 extra full time jobs/employees for 2 months at least to make up 4 months

tier11417
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Pakistan

Re: Entrepreneur visa - Job Creation ILR

Post by tier11417 » Fri Jan 11, 2019 7:54 pm

If you cant fulfil the above as mentioned u will have to wait till minimum Aug 2019 when you will have 2FT jobs for min 12 months each.

ishent
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Sri Lanka

Re: Entrepreneur visa - Job Creation ILR

Post by ishent » Sun Jan 13, 2019 10:55 am

@tier11417 &@aman90 Thanks a lot for replying and clarifying the exact requirement,

*** my second job started on Aug 2018 (it was a mistake and your assumption was right)

Now I have an idea how it works and understand that I either need 2 full time jobs or wait until the second employee hit 12 months.

Another quick question,

Any job created within the period of waiting for the extension - can I consider them as new or continuous jobs for ILR?

so the exact question

Continuous jobs - job has existed before the extension and used for job creation points in extension application

New jobs - created after the extension

Because I got one employee worked for me from February 2018 - November 2018 (09 months)
*** I got my extension approved on 05 May 2018, so this job was created before the extension approved

Assume that I apply on 5th April 2019(before transitional ends).
So according to you guys I can claim job creation between 5th April 2018 - 4th April 2019

Can I use the above mentioned vacancy which is no longer existing?

Or the jobs created/started within the period of waiting for extension are not valid?



If they are valid can I claim points as follows? (Assume that I apply on 5th April 2019)

Employee 01 - Continuing since the initial grant - Can Claim for 12 months (April 2018 - April 2019)
Employee 02 - February 2018 - November 2018 - Can Claim for 6 months (April 2018 - November 2018)
Employee 03 - August 2018 - April 2019 - Can Claim for 7 months (August 2018 - April 2019)

*** Employee 02 and Employee 03 are different job titles and Employee 02 is no longer working


Sorry for the long question. But this would clarify questions for so many people.

Thanks for your support and waiting for a reply :)

aman90
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Posts: 278
Joined: Wed Dec 24, 2014 8:41 pm

Re: Entrepreneur visa - Job Creation ILR

Post by aman90 » Sun Jan 13, 2019 2:29 pm

Why didn’t you mention ur 3rd Job/employee earlier..

There is no confusion pertaining to job creation on the guidance. Your questions have been answered above as well..
jobs need not exist at time of application!

As I see it.. you don’t need to wait till April to apply as you have a 3rd job/employee.

Ur eligible from 05/02/19 onwards..

initial visa date: 05/03/14
When did you enter UK? Any absences above 180 days in first year?

Application online submission date:
10/02/19

This is ur potential job creation table based on assumptions from what you’ve tried to state.

Job 1
Employee A- FT

10/02/18 to 10/02/19
52 weeks or 12 months


Job 2

Employee B- FT
10/02/2018 - 30/11/2018
42 weeks


Job 3

Employee C- FT
01/08/2018 - 10/02/2019
27 weeks 5days

Payslips n RTIFPS: FEB 18 to FEB 19

tier11417
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Posts: 790
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Entrepreneur visa - Job Creation ILR

Post by tier11417 » Sun Jan 13, 2019 3:11 pm

ishent wrote:
Sun Jan 13, 2019 10:55 am
@tier11417 &@aman90 Thanks a lot for replying and clarifying the exact requirement,

*** my second job started on Aug 2018 (it was a mistake and your assumption was right)

Now I have an idea how it works and understand that I either need 2 full time jobs or wait until the second employee hit 12 months. If you apply before April 2019 you need EQUIVALENT of 2 FT jobs in any combination of jobs or employees. You dont need to combine employees as long as you have a total of 104 weeks of FT employment. AFTER April 2019 you need 2 FT “JOBS” that exist 12 months each. employees can come and go but each job should exist 12 months each

Another quick question,

Any job created within the period of waiting for the extension - can I consider them as new or continuous jobs for ILR? Waiting Waiting period only counts in exceptional rule where the date or ILR falls under 12 months of date of extension granted. If that is the case you can go back 12 months from date of ILR (yes some portion will fall under the waiting period in this case)

so the exact question

Continuous jobs - job has existed before the extension and used for job creation points in extension application Dont get confused in this you need 12 months after extension OR 12 months immediately before your date of ILR application IF you fall under the exception rule

New jobs - created after the extension

Because I got one employee worked for me from February 2018 - November 2018 (09 months)
*** I got my extension approved on 05 May 2018, so this job was created before the extension approved

Assume that I apply on 5th April 2019(before transitional ends).
So according to you guys I can claim job creation between 5th April 2018 - 4th April 2019

Can I use the above mentioned vacancy which is no longer existing? Jobd does not have to be active at the date of application so yes you can claim for it

Or the jobs created/started within the period of waiting for extension are not valid?



If they are valid can I claim points as follows? (Assume that I apply on 5th April 2019)

Employee 01 - Continuing since the initial grant - Can Claim for 12 months (April 2018 - April 2019)
Employee 02 - February 2018 - November 2018 - Can Claim for 6 months (April 2018 - November 2018)
Employee 03 - August 2018 - April 2019 - Can Claim for 7 months (August 2018 - April 2019) 8 months??

*** Employee 02 and Employee 03 are different job titles and Employee 02 is no longer working


Sorry for the long question. But this would clarify questions for so many people.

Thanks for your support and waiting for a reply :)

Okay so you fall under the exception rule. Dont get yourself confused in jobs or employees or combining them as you are pre transitional. All you need is a total of 104 weeks or 24 months of FT.
Since you fall under the exception rule as your extension was granted on 5th May 2018 and if your ILR date of application falls under 12 months you can claim all job creation immediately 12 months back.

You qualify after you hit 5 years from intitial visa date minus 28 days. You fulfill 24 months or 104 weeks even now.

Follow amans example as above.

tier11417
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Posts: 790
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Entrepreneur visa - Job Creation ILR

Post by tier11417 » Sun Jan 13, 2019 3:20 pm

Basically as you have stated you already fulfill your job creation with 3 employees as of today. But you have not clocked 5 years from the date of your initial visa date so your not eligible to apply as yet.

You can apply in Feb 2019 the earliest (28 days before your 5th anniversary)

The day you will submit your online application you have to claim for 12 months immediately before that day.

Lets say you apply on 27th Feb 2019.
You can claim for 27th Feb 2018 - 26th Feb 2019.

Note: Some portion will fall under your waiting period which is allowed in your case.

ishent
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Joined: Fri Jan 11, 2019 10:31 am
Sri Lanka

Re: Entrepreneur visa - Job Creation ILR

Post by ishent » Mon Jan 14, 2019 10:25 am

@tier11417 & @aman90 Thank you very much for the detailed explanation. You guys are super heroes!

Really appreciate for spending time on this and for your point by point clarification. :D

@aman90
When did you enter UK? 04/06/2010 - As a student -> then PSW, -> then Entrepreneur
Any absences above 180 days in first year? NO

As you guys advised I will be applying my visa on 15 Feb 2019


Another quick one, I know this is off topic- but just asking as it is related to my case.

My wife is with me entered UK as a dependent on August 2019, her visa expires same as mine on May 2020.
If I apply for ILR what happens to her?
Does she needs to apply with me again at the same time or can she wait and apply somewhere near May 2020?
Once I got my ILR is her dependent status still valid under the old one?

Thats all guys! not going to trouble you again :)

Once again thanks you both for your valuable time sorting out my queries.

tier11417
Senior Member
Posts: 790
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Entrepreneur visa - Job Creation ILR

Post by tier11417 » Mon Jan 14, 2019 11:49 am

ishent wrote:
Mon Jan 14, 2019 10:25 am
@tier11417 & @aman90 Thank you very much for the detailed explanation. You guys are super heroes!

Really appreciate for spending time on this and for your point by point clarification. :D

@aman90
When did you enter UK? 04/06/2010 - As a student -> then PSW, -> then Entrepreneur
Any absences above 180 days in first year? NO

As you guys advised I will be applying my visa on 15 Feb 2019


Another quick one, I know this is off topic- but just asking as it is related to my case.

My wife is with me entered UK as a dependent on August 2019August 2018 I am assuming??, her visa expires same as mine on May 2020.
If I apply for ILR what happens to her?
Does she needs to apply with me again at the same time or can she wait and apply somewhere near May 2020?
Once I got my ILR is her dependent status still valid under the old one?

Thats all guys! not going to trouble you again :)

Once again thanks you both for your valuable time sorting out my queries.
Your wife can stay on her Tier 1 dependent visa till her own expiry. She has to complete 5 years on her own to qualify for ILR. Assuming she came in August 2018, she will need one more extension on her Tier 1 dependent visa once this one expires.

tier11417
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Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Entrepreneur visa - Job Creation ILR

Post by tier11417 » Mon Jan 14, 2019 11:52 am

If you plan to apply on 15th Feb 2019 (online application date)
you can claim job creation for
15th Feb 2018 - 14th Feb 2019.
You need 104 weeks of FT employment in any combination of employees or jobs during this period.

You have to declare absences for the last 5 years that is your qualifying period. It should be less than 180 days in every year.

ishent
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Re: Entrepreneur visa - Job Creation ILR

Post by ishent » Mon Jan 14, 2019 5:31 pm

tier11417 wrote:
Mon Jan 14, 2019 11:52 am
If you plan to apply on 15th Feb 2019 (online application date)
you can claim job creation for
15th Feb 2018 - 14th Feb 2019.
You need 104 weeks of FT employment in any combination of employees or jobs during this period.

You have to declare absences for the last 5 years that is your qualifying period. It should be less than 180 days in every year.

Thanks again for the reply.

About 180 RULE
I have never been out of the country for more than 180 days (combining all 5 years) - So I am good with that.
Is there any documents I need to send as a proof for that or just the Passport itself is enough?

I think everything else looks OK. hopefully soon everything will pay off :)

Thanks again for the wonderful help! Means a lot!

tier11417
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Posts: 790
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Entrepreneur visa - Job Creation ILR

Post by tier11417 » Mon Jan 14, 2019 6:11 pm

ishent wrote:
Mon Jan 14, 2019 5:31 pm
tier11417 wrote:
Mon Jan 14, 2019 11:52 am
If you plan to apply on 15th Feb 2019 (online application date)
you can claim job creation for
15th Feb 2018 - 14th Feb 2019.
You need 104 weeks of FT employment in any combination of employees or jobs during this period.

You have to declare absences for the last 5 years that is your qualifying period. It should be less than 180 days in every year.

Thanks again for the reply.

About 180 RULE
I have never been out of the country for more than 180 days (combining all 5 years) - So I am good with that.
Is there any documents I need to send as a proof for that or just the Passport itself is enough?

I think everything else looks OK. hopefully soon everything will pay off :)

Thanks again for the wonderful help! Means a lot!
No evidence required for absences for Tier 1
However, you have to declare the dates you were outside during your qualifying period on the form and also provide passport stamps with that.

mohsensari
Member
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Joined: Fri Dec 30, 2016 11:04 pm

Re: Entrepreneur visa - Job Creation ILR

Post by mohsensari » Mon Jan 14, 2019 11:56 pm

tier11417 wrote:
Mon Jan 14, 2019 11:52 am
If you plan to apply on 15th Feb 2019 (online application date)
you can claim job creation for
15th Feb 2018 - 14th Feb 2019.
You need 104 weeks of FT employment in any combination of employees or jobs during this period.
As my interpretation from policy guidance ( I’m not sure but one ofe the moderator pleas confirm), even you can claim any job creation after 14th of feb 2019 befor they consider your application, as the policy says you can only claim any job creation during the most recent leave and then says the exception if your most recent leave granted less than 12 months ago you can claim any employment activity during your last 12 months. but it doesn’t say you can only claim any employment during last 12 months, as you have valid visa any job creation after the application date could be acceptable. I’m trying to say that you potentially could claim any job creation during your last 12 months and your most recent leave.

tier11417
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Pakistan

Re: Entrepreneur visa - Job Creation ILR

Post by tier11417 » Tue Jan 15, 2019 12:15 am

mohsensari wrote:
Mon Jan 14, 2019 11:56 pm
tier11417 wrote:
Mon Jan 14, 2019 11:52 am
If you plan to apply on 15th Feb 2019 (online application date)
you can claim job creation for
15th Feb 2018 - 14th Feb 2019.
You need 104 weeks of FT employment in any combination of employees or jobs during this period.
As my interpretation from policy guidance ( I’m not sure but one ofe the moderator pleas confirm), even you can claim any job creation after 14th of feb 2019 befor they consider your application, as the policy says you can only claim any job creation during the most recent leave and then says the exception if your most recent leave granted less than 12 months ago you can claim any employment activity during your last 12 months. but it doesn’t say you can only claim any employment during last 12 months, as you have valid visa any job creation after the application date could be acceptable. I’m trying to say that you potentially could claim any job creation during your last 12 months and your most recent leave.
I think this is not true. The Tier 1 guidance uses the word “immediately”. It says:

“The jobs must have existed for at least 12 months during your most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of the current application”


However the case worker guidance page 105 does NOT use the word “immediately” BUT says:


The exception to the above rule is if their current leave was granted less than 12 months ago. In such cases the jobs must have been maintained for at least the 12 months before the date of the current application. This will include the full extension period plus the balance needed to make up the rest of the 12 months from the initial period.

If you read the highlighed lines it is equivalent to saying “immediately”

So its 12 months immediately backwards from date of ILR in OP’s case as the OP is claiming some portion of job creation from waiting period also as falls under the exception rule.

Your point of claiming any 12 months is only valid if the OP claims ANY 12 months soley from the period that is AFTER extension. So for example if some one gets an extension from May 2016-May 2018 and does NOT fall under the exception rule then can claim any 12 months during the extension period.

Hope it makes sense.

tier11417
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Pakistan

Re: Entrepreneur visa - Job Creation ILR

Post by tier11417 » Tue Jan 15, 2019 12:28 am

mohsensari wrote:
Mon Jan 14, 2019 11:56 pm
tier11417 wrote:
Mon Jan 14, 2019 11:52 am
If you plan to apply on 15th Feb 2019 (online application date)
you can claim job creation for
15th Feb 2018 - 14th Feb 2019.
You need 104 weeks of FT employment in any combination of employees or jobs during this period.
As my interpretation from policy guidance ( I’m not sure but one ofe the moderator pleas confirm), even you can claim any job creation after 14th of feb 2019 befor they consider your application, as the policy says you can only claim any job creation during the most recent leave and then says the exception if your most recent leave granted less than 12 months ago you can claim any employment activity during your last 12 months. but it doesn’t say you can only claim any employment during last 12 months, as you have valid visa any job creation after the application date could be acceptable. I’m trying to say that you potentially could claim any job creation during your last 12 months and your most recent leave.
Technically all evidence should be dated upto or before the date of application.
Previously some members have sent evidence later on after the date of application and HO seems to be flexible in the past to accept it. But if they always will accept it that is not guaranteed. So best is to rely on evidence dated upto the date of application given you dont have any serious issues to send/rely on the evidence later on after date of application.

mohsensari
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Re: Entrepreneur visa - Job Creation ILR

Post by mohsensari » Tue Jan 15, 2019 1:30 am

“Technically all evidence should be dated upto or before the date of application.”
Is it anywhere in policy?

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