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It may be refused if I fail to provide enough evidence or fail to provide a bank statement to show maintenance funds for the last 90 days, or any other reason that will not damage the further ILR application if this further application will be possible at all.
Let me understand this correctly. You are now completed 5 years but you haven't met the requirement for job creation for ILR.ekbe01 wrote: ↑Tue Jan 11, 2022 4:24 pmYes, but...
I need 10 more weeks to qualify for the ILR (employment). My mistake. I'm trying to find a way to win some time and avoid going through another T1(E) extension (covid related) and then having to maintain two jobs for another 12 months. I was hoping that If I apply for ILR after a T1 extension refusal I'd have a new application date and as a result more time to complete the 2 jobs requirement (to the new application date).
Any advice there?
I do have a backup option (family visa) but it will restart the clock and in my case, I'll lose 3 years (currently 7 years residence in the country).
Yes and I only lack 10 weeks
No, I have no concerns there, I satisfy all the requirements and have all the evidence in place.
That's the problem. It DOES have to be another 12 months.
Is there any reference to support this, please? I will really appreciate any help there. This is exactly what I originally thought and exactly why I am in this situation now.
p.s.
What will be the right answer here? 14 Jan 2022 OR date of the application OR "I don't know"?What is the end date of your most recent visa, leave to enter or remain or other permission to be in the UK?
Yes or No?Evidence for not applying before your permission to be in the UK expired
Was there a reason beyond your control why you did not apply before your visa or leave to remain expired?
(Covid, death in my immediate family, etc)
I am not exactly sure of your interpretation.ekbe01 wrote: ↑Tue Jan 11, 2022 6:00 pmYes and I only lack 10 weeksNo, I have no concerns there, I satisfy all the requirements and have all the evidence in place.That's the problem. It DOES have to be another 12 months.
Here:
"If you have been granted a covid related extension of leave, you must have:
• created 2 jobs meeting the criteria in either of the points above for at least
the 12-month period referred to above; and
• created at least a further 2 jobs meeting the criteria that have been in
existence for at least 12 months by the date of application (these jobs can
be the same as the first 2 jobs providing they meet the requirement of
existing for at least a further 12 months)."
A FURTHER 12 MONTHS
So if my covid-related extension is approved I will have to wait for another 12 months.
That's why I'm looking for any way to win 10 weeks in my current T1E if it's possible at all.
(entirely mu fault and I messed up with job creation but here we are)
Strictly speaking you can't use the period between application and biometrics submission. The requirement is that you meet the criteria on application date.ekbe01 wrote: ↑Wed Jan 12, 2022 11:36 amIs there any reference to support this, please? I will really appreciate any help there. This is exactly what I originally thought and exactly why I am in this situation now.
After a careful calculation, I understand I only lack 6.5 weeks to complete the job creation requirement.
(1) If I apply for the ILR and submit biometrics/evidence in 45 days, can these 45 days be counted towards job creation or the application day is a cut-off?
Yes
Noekbe01 wrote: ↑Wed Jan 12, 2022 11:36 am(3) ALso, when calculation jobs, can I include jobs that existed after the application date for the previous T1E extension but before I got the approval? Example:
Initial T1(E) expired 6 Dec 2019
Applied to extend it on 6 December 2019
Approved on 14 Jan 2020
Current T1E expires 14 Jan 2022
Can I use jobs that existed between 6 Dec 2019 and 14 Jan 2020 towards the current T1E job creation?
No
14 Jan 2020ekbe01 wrote: ↑Wed Jan 12, 2022 11:54 amp.s.
This was not used to score points for my first T1E extension.
But the guidance also says "you can only score points for employment activity from your most recent extension period of leave" - in my case (dates above) does this period start on 6 Dec 2019 or 14 Jan 2020? Thank you!!
This is not straightforward and I am not totally clear about it.ekbe01 wrote: ↑Fri Mar 18, 2022 9:10 pmDear Forum,
Practical questions about the ILR application form.
My Tier 1 E expired 14 Jan 2022.
I applied for an extension on 14 Jan which extends my right to stay in the UK under the current visa category until the decision is made.
I am now varying this application to ILR.
Application form questions:What will be the right answer here? 14 Jan 2022 OR date of the application OR "I don't know"?What is the end date of your most recent visa, leave to enter or remain or other permission to be in the UK?
If my answer is 14 Jan 2022:Yes or No?Evidence for not applying before your permission to be in the UK expired
Was there a reason beyond your control why you did not apply before your visa or leave to remain expired?
(Covid, death in my immediate family, etc)
Thank you!
We discussed it two months ago. If you apply for a COVID-related extension, It DOES have to be another 12 months before you apply for the ILR and two jobs in addition to what's existed before the covid-related extension, there's a special arrangement for this in the rules, unfortunately.marcnath wrote: ↑Sat Mar 19, 2022 4:15 pmI am not exactly sure of your interpretation.
I interpret "12-month period referred to above" to mean the same criteria set out "at least 12 months during the applicant’s 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 application"
But, it is safer to go with your assumption.
THank you. I'm not v clear either but I'll probably answer "I don't know" and explain everything in a letter.marcnath wrote: ↑Sat Mar 19, 2022 4:24 pmThis is not straightforward and I am not totally clear about it.
But, if I was in your situation, I would use the date of application (or I don't know) as the end date of recent visa to avoid getting the next question which you can't answer since you actually did apply in time.
ekbe01 wrote: ↑Sun Sep 18, 2022 8:49 pmDear Forum,
My previous topic is locked so I'm starting a new one.
I applied for ILR (Set(O), Tier 1 Entrepreneur 5 years) on 21 Mar 2022
Documents sent and Biometrics enrolled: 8 Apr 2022
Awaiting the HO decision. No complex letter.
Questions:
(1) I remember the HO have 6 months (26 weeks) to make their decision but I can't find out whether it was a requirement or simply an average time it takes to make a decision. Would you please help?Standard time yes, but if there are complications, then it takes as long as it takes.
(2) Do I count 6 months from the date of the application (21 Mar) or from the date of submitting the evidence (8 Apr)?Hard to put a finger on that. I'll go with when biometrics are taken. Although your application starts when you actually submit online. But no one knows what happens behind the scene.
(3) What are my options if there's no decision end of 6 months? Can I complain (and how)? What happens when I contact my MP?Your MP escalates it on your behalf. They have a better open communication system with the HO. Kinda government to government thingy.
Thank you!
ekbe01 wrote: ↑Tue Sep 20, 2022 10:42 amThank you
Does anybody have a sample letter to MP, please? I'll really appreciate it. There is no sample, it should be a formal letter depicting your situation/experience on your application process.
If there's a complication the HO tends to send a letter to inform about it, no such letter received.
Thank you thank you!
Complained to the HO on 21st Sep 2022, they're now past their 20 working days to reply and I haven't heard from them.
Numerous topics on the forum alludes to widespread delays. Beside the steps you took already, its not worrying about the overload but rather patience and developing how to cope with the waiting may be a better strategy.ekbe01 wrote: ↑Wed Oct 26, 2022 7:54 pmDear forum,
A quick update.Complained to the HO on 21st Sep 2022, they're now past their 20 working days to reply and I haven't heard from them.
Requested my MP assistance, they contacted HO on 4th Oct 2022, no reply.
Is there anything else I can do to speed up the HO decision?
Shall I start worrying or the HO is currently overloaded?
Thank you!
thank you very much for your thoughtful replyAmazonianX wrote: ↑Thu Oct 27, 2022 1:37 ampatience and developing how to cope with the waiting may be a better strategy.
