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, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
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Anontier25
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by Anontier25 » Sat Mar 06, 2021 1:54 pm
marcnath wrote: ↑Wed Jan 27, 2021 3:01 pm
Anontier25 wrote: ↑Wed Jan 27, 2021 2:51 pm
Thanks Marcnath.
Right I have another query which is in connection to one I had posted a few months ago when my staff member asked for her holidays. My worry is that she is contracted to 28 hours per week and another staff member makes the shortfall of 7 hours to make one job of 30 hours plus for the visa rules. Now, this 28 hours member of staff has gone on holiday with a combination of paid and unpaid holiday days as she was going home to Argentina so wanted more time off than her accrued holiday allowance. My accountant has said that her "payslip shows her Unpaid Leave, which is deducted from her monthly salary", will this be an issue for the HO for claiming points on the job role?
Panicking now!
Unpaid leave falls into a grey area. Strictly reading the rules, you are only required to create a job of 30 hrs which follows the rules of minimum wage, etc. So, when a person is on unpaid leave, the job still remains created.
However, the evidence HO uses is to calculate hours worked by diving pay by hourly rate.
Normally this is not an issue because very few businesses hire exactly the right amount to meet the visa requirements. I had at least another two years worth of job creation over the three year period prior to my extension application.
But you have two options:
1. Safest - just hire additional to cover the unpaid leave
2. Go ahead with what you have, clearly stating in your cover letter that the job still remains created during the time your employee is on unpaid leave. In the job Table, you can even list that period separately with a zero hourly wage rate. Indicates to HO that you know the rules and you are likely to challenge it if you are refused purely because of the unpaid leave.
Marcnath, for your point 2 suggestion, how exactly would you advise me to frame this and explain the 0 hourly wage rate?
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Anontier25
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by Anontier25 » Sun Mar 07, 2021 2:20 pm
Hey all moderators,
Can someone please link me to a post I'd seen a while back about the list of documents submitted for an ILR application on Tier 1. I've tried to find it and I can't seem to see it at all, unless I am looking in the wrong category right now and should be in the ILR forum?
Thanks for your help!
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zimba
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by zimba » Tue Mar 09, 2021 2:54 pm
indefinite-leave-to-remain/an-example-o ... 80745.html
Your whole post is related to ILR so it is now moved to the ILR subforum
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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Anontier25
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by Anontier25 » Tue Apr 13, 2021 3:53 pm
Hi all,
For the travel history part of the application to show you have not been away for more than 180 days per year, how should I do it? Literally create a table stating showing each country, journey and days away?
Is there a type of format you suggest?
Thank you
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zimba
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by zimba » Tue Apr 13, 2021 4:12 pm
Anontier25 wrote: ↑Tue Apr 13, 2021 3:53 pm
Hi all,
For the travel history part of the application to show you have not been away for more than 180 days per year, how should I do it? Literally create a table stating showing each country, journey and days away?
Is there a type of format you suggest?
Thank you
That is part of the online form anyway
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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marcnath
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by marcnath » Tue Apr 13, 2021 4:12 pm
Anontier25 wrote: ↑Tue Apr 13, 2021 3:53 pm
Hi all,
For the travel history part of the application to show you have not been away for more than 180 days per year, how should I do it? Literally create a table stating showing each country, journey and days away?
Is there a type of format you suggest?
Thank you
I am not familiar with the online form but I expect it is more or less similar to the paper one and will have the columns and rows to be filled it stating destination, departure date and arrival date.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
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Anontier25
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by Anontier25 » Thu Apr 15, 2021 11:57 am
Thanks.
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Anontier25
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- Joined: Fri Aug 28, 2020 8:08 pm

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by Anontier25 » Fri Apr 16, 2021 7:37 pm
Has anyone applied for the ILR on tier 1 Entp route £50k in the last month? Interesting to see the timeline and the process for 2021? I only ask as looking through this ILR forum where my post has been moved to, there are very handy tips and guidelines from the moderators, but nothing so far for 2021 applicants.
Many thanks!
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Anontier25
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- Joined: Fri Aug 28, 2020 8:08 pm

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by Anontier25 » Sun Apr 18, 2021 1:10 am
@cullinan, when you applied for your ILR, did you submit a self assessment tax record? In my case I was on the company payroll as a director but I never had self employed or self assessment, my salary was basic as I was to take dividends, at the extension stage I didn't provide this but just had a panic now and wondering if at ILR stage I also had to be self -employed and do self assessment etc. Panic!