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Job Creation Query

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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umair99144
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Job Creation Query

Post by umair99144 » Fri Jan 04, 2019 3:45 pm

My last visa Tier 1 Ent extension was granted in Sept 2017 after waiting 13 months, My question is regarding 2 employees:
1. First employee i have is working full time since 2013 when i started my company
2. Second employee started since 2013 and left in June 18

I am going to apply for ILR in May 19. can i provide payslips of my second employees from the beginning of my waiting time which is 13 months as after getting visa in sept 17 he only covers 10 months of employment

OR

Do i need to recruit another employees on his place for 2 months now to complete 12 months of employment?

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Zimba
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Re: Job Creation Query

Post by Zimba » Fri Jan 04, 2019 7:42 pm

Only time AFTER the grant of extension counts. So any employment after Sep 2017 can be used towards ILR. If that does not add up to 104 weeks of full time employment, you need more employment for ILR
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

umair99144
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Re: Job Creation Query

Post by umair99144 » Mon Jan 07, 2019 10:58 am

Thanks for your Reply, I can create 2 more months employment and back date it to last year for the same employee, Can i ask, is there any issue if my employee is a leaver now so;
1. First Employee is currently working and covers 104 weeks
2. Second employee is a leaver but covers 104 weeks

I have only one active employees at the time of my ILR, will that be an issue?

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Re: Job Creation Query

Post by Zimba » Mon Jan 07, 2019 5:04 pm

If you apply in May 2019, then you cannot benefit from the transitional arrangements. So you need to show you created at least two positions in your company which lasted for 12 months each. :!: This means you need to replace the second employee so that you have two positions for ILR unless the 2nd employee (who left) worked at least for 12 months AFTER your exemption was granted.
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

umair99144
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Re: Job Creation Query

Post by umair99144 » Tue Jan 08, 2019 11:14 am

thanks Zimba.

In order to avail Transnational period, can i apply online on the 05/04/2019 and get my appointment booked at the new service centre on 18/04/2019 which is still with in 14 days of application, this way i can use one employee for 18 months and second employee for 10 months.

Please share your thoughts.

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tier11417
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Re: Job Creation Query

Post by tier11417 » Tue Jan 08, 2019 2:43 pm

umair99144 wrote:
Tue Jan 08, 2019 11:14 am
thanks Zimba.

In order to avail Transnational period, can i apply online on the 05/04/2019 and get my appointment booked at the new service centre on 18/04/2019 which is still with in 14 days of application, this way i can use one employee for 18 months and second employee for 10 months.

Please share your thoughts.
You only need 24 months or 104 weeks in any combination of employees or jobs. So why do you want to count to 28 months (extra 4 months?)
You can use transitional arragements if you apply before 6th April 2019. So technically if you apply on 5th April 2019 online that will be counted as the date of application so you should be okay.
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Re: Job Creation Query

Post by tier11417 » Tue Jan 08, 2019 3:45 pm

tier11417 wrote:
Tue Jan 08, 2019 2:43 pm
umair99144 wrote:
Tue Jan 08, 2019 11:14 am
thanks Zimba.

In order to avail Transnational period, can i apply online on the 05/04/2019 and get my appointment booked at the new service centre on 18/04/2019 which is still with in 14 days of application, this way i can use one employee for 18 months and second employee for 10 months.

Please share your thoughts.
You only need 24 months or 104 weeks in any combination of employees or jobs. So why do you want to count to 28 months (extra 4 months?)
You can use transitional arragements if you apply before 6th April 2019. So technically if you apply on 5th April 2019 online that will be counted as the date of application so you should be okay.
I am assuming your initial visa was granted before April 2014.
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umair99144
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Re: Job Creation Query

Post by umair99144 » Tue Jan 08, 2019 4:39 pm

Initial visa granted in June 2013
applied for ext in June 2015
waiting time 13 months
Got visa ext in Sept 2016

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tier11417
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Re: Job Creation Query

Post by tier11417 » Tue Jan 08, 2019 4:44 pm

umair99144 wrote:
Tue Jan 08, 2019 4:39 pm
Initial visa granted in June 2013
applied for ext in June 2015
waiting time 13 months
Got visa ext in Sept 2016 i think you meant Sep 2017?

So then you qualify for ILR in June 2018 but your job creation requirement fulfills by Dec 2018 (24 months with two employees after Sep 2017).

Why do you want to wait till 5th April 2019 then??
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umair99144
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Re: Job Creation Query

Post by umair99144 » Wed Jan 09, 2019 2:17 pm

Yes i am eligible to apply for ILR now but i am going on holiday in March for 2 months and for ILR the processing time is min 4 months, there is no priority service for that same like ILr on 10 years route where you can pay additional £600 and get a decision in 24 hours, thats why i have to wait until May to apply for ILR.

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Re: Job Creation Query

Post by tier11417 » Wed Jan 09, 2019 2:32 pm

umair99144 wrote:
Wed Jan 09, 2019 2:17 pm
Yes i am eligible to apply for ILR now but i am going on holiday in March for 2 months and for ILR the processing time is min 4 months, there is no priority service for that same like ILr on 10 years route where you can pay additional £600 and get a decision in 24 hours, thats why i have to wait until May to apply for ILR.
You have enough job creation by then. Make sure you apply before the transitional arrangement ends. If you apply in May you need 2 Ft Jobs for 12 months each minimum.
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umair99144
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Re: Job Creation Query

Post by umair99144 » Wed Jan 09, 2019 2:36 pm

Is there any priority service available for Tier 1 as well same as on 10 year route,
I mean to just pay additional £640 and get a decision in 24 hours?

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Re: Job Creation Query

Post by tier11417 » Wed Jan 09, 2019 2:40 pm

umair99144 wrote:
Wed Jan 09, 2019 2:36 pm
Is there any priority service available for Tier 1 as well same as on 10 year route,
I mean to just pay additional £640 and get a decision in 24 hours?
No
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umair99144
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Re: Job Creation Query

Post by umair99144 » Fri Jan 11, 2019 10:06 am

Can i attach only 12 months of payslips for both employees starting from Sept 17 when i was granted leave covering until Aug 18 which is 12 months in total or do i need to attach all the payslips until the date of application as my first employee is still active and at the time of application he will be covering 21 months.
So, one employee i have for 21 months
Second employee i have for 12 months.

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aman90
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Re: Job Creation Query

Post by aman90 » Sat Jan 12, 2019 12:49 am

umair99144 wrote:
Fri Jan 11, 2019 10:06 am
Can i attach only 12 months of payslips for both employees starting from Sept 17 when i was granted leave covering until Aug 18 which is 12 months in total or do i need to attach all the payslips until the date of application as my first employee is still active and at the time of application he will be covering 21 months.
So, one employee i have for 21 months
Second employee i have for 12 months.
No harm in attaching all..
2 FT employees, pay slips n RTI FPS for a period covering a minimum of 12 full months..

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aman90
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Re: Job Creation Query

Post by aman90 » Sat Jan 12, 2019 1:02 am

Ur second employee left in June 2018?
In ur earlier posts you were trying to figure how to make up those 2 months.. did you amend ur RTIs for July n August?
What exact date was ur extension granted?
Jobs don’t need to exist at time of application.
Read the guidance closely.

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