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ILR and Job Creation issues

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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BESTOFGOD
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ILR and Job Creation issues

Post by BESTOFGOD » Thu Jun 03, 2021 2:47 am

Hi Moderators.

I will soon be applying for my ILR (Tier1 Entrepreneur route) and I need your advise on this issue.
I employed a staff from September 2018 who initially had an EU spouse work permit as an office Assistant. In November 2018 she got her Permanent residency card (BRP) and I regularised her appointment and made her my Customer Service officer.
As at 2019 when I was applying for my Extension approval there was no need to use her for points as I had 3 other staff working full time.
Fast forward to date, I have just her and another staff (who has also been with me since 2018) so I am compiling my documents and reading this forum and I came across the fact that each staff must have been settled from day one of their employment.
Please advise me on this as my thinking is that even though this staff has been on my payroll from September 2018, the actual job I will be using her to claim points for was started by her after she got her Permanent residency in November 2018 so it is okay.
Please Moderators I need your advise o this matter.
Thank you.

BESTOFGOD
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Re: ILR and Job Creation issues

Post by BESTOFGOD » Thu Jun 03, 2021 10:20 am

Dear Moderators,
Cullinan, Zimba, Amber, Vinny, Macnath and other moderators. Please help me out! SOS

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zimba
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Re: ILR and Job Creation issues

Post by zimba » Thu Jun 03, 2021 12:27 pm

Family members of the EEA citizens have always been considered settled for the purpose of job creation under the Tier 1E rules. Here is what the guide tells you to send:
(d) Copies of any of the following documents which demonstrate that each employee has settled status in the UK:

(i) the biometric data page of a British or EEA passport showing the photograph and
personal details of the employee;

(ii) a birth certificate, showing the employee was born in the UK and Colonies before 1
January 1983;

(iii) if the employee was born in the UK on or after 1 January 1983, a birth certificate,
together with documentation, such as a passport or naturalisation certificate, which confirms
one of their parents had settled status in the UK when the employee was born, and
additionally, if the parent is the employee’s father, a marriage certificate to the mother;

(iv) if the employee is an EEA national, a UK registration certificate/permanent residence
document;

(v) if the employee is the spouse of an EEA national, the biometric data page of their
passport, showing their photograph and personal details, or a residence card, and any of
the documents in (i) or (iv) above which relate to the EEA national, together with their
marriage certificate to the EEA national; or


(vi) If the worker is an overseas national with settled status in the UK, the biometric data
page of their passport containing their photograph and personal details, and the pages
where a UK Government stamp or an endorsement appear, or a biometrics residence
permit, or official documentation from the Home Office which confirms their settled status in
the UK
https://assets.publishing.service.gov.u ... -_v.25.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

BESTOFGOD
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Re: ILR and Job Creation issues

Post by BESTOFGOD » Thu Jun 03, 2021 12:34 pm

Thank you for your reply Zimba.
She is divorced and estranged from the husband and the card she had from him is expired.
Would the CO still be considering the first date of joining (when she was a Temporary staff working as our Office Assistant) or does the date the permanent job position was created (November 2018) suffice as she has her Permanent residency by that time.

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zimba
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Re: ILR and Job Creation issues

Post by zimba » Thu Jun 03, 2021 12:38 pm

BESTOFGOD wrote:
Thu Jun 03, 2021 12:34 pm
Thank you for your reply Zimba.
She is divorced and estranged from the husband and the card she had from him is expired.
Would the CO still be considering the first date of joining (when she was a Temporary staff working as our Office Assistant) or does the date the permanent job position was created (November 2018) suffice as she has her Permanent residency by that time.
But she is a settled person. Her PR card is enough. Has she applied for settled status under EU settlement scheme? She needs to do that to reaffirm her settled status in the UK as PR cards will be invalid after 21 June 2021. This however has no bearing on your application. You can claim her employment for job creation regardless
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

BESTOFGOD
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Re: ILR and Job Creation issues

Post by BESTOFGOD » Thu Jun 03, 2021 12:43 pm

Yes she has. She has her British passport since August 2019.
Thank you for your response.

Just to clarify, when I fill the Set(O) form should I use the November date as the start date and not September which is when she was put on the payroll? so the job start date and her employment start date are the same disregarding the two months when she was a temporary staff.

I await your kind response.

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zimba
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Re: ILR and Job Creation issues

Post by zimba » Fri Jun 04, 2021 12:42 pm

BESTOFGOD wrote:
Thu Jun 03, 2021 12:43 pm
Yes she has. She has her British passport since August 2019.
Thank you for your response.

Just to clarify, when I fill the Set(O) form should I use the November date as the start date and not September which is when she was put on the payroll? so the job start date and her employment start date are the same disregarding the two months when she was a temporary staff.

I await your kind response.
Ok then simply submit her passport copy and you are ok. Just enter the date she was put on the payroll.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

BESTOFGOD
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Re: ILR and Job Creation issues

Post by BESTOFGOD » Fri Jun 04, 2021 2:40 pm

Thank you very much Zimba. I really appreciate your help.
God bless you.

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CULLINAN
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Re: ILR and Job Creation issues

Post by CULLINAN » Fri Jun 04, 2021 3:57 pm

Also, note, you can only claim points for jobs that existed after your extension period unless you fall under the exception rule.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

BESTOFGOD
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Re: ILR and Job Creation issues

Post by BESTOFGOD » Fri Jun 04, 2021 4:54 pm

Thank you Cullinan.
I am aware of that.

My only confusion was that hope the Employee start date (as a temporary staff but on the payroll) at a time when her settled status was not ready will not be a problem.

However from what Zimba said above it should be okay since the Job she is doing currently was created after she obtained her settled status.

Or do you have a different opinion?

Kindly let me know.

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zimba
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Re: ILR and Job Creation issues

Post by zimba » Fri Jun 04, 2021 5:08 pm

As I pointed out to you she has always been settled with respect to Tier 1E rules for job creation :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

BESTOFGOD
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Re: ILR and Job Creation issues

Post by BESTOFGOD » Fri Jun 04, 2021 5:11 pm

Thanks a lot Zimba.
I appreciate your help.

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