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Tier 1 Ent to ILR: Employment Creation

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

Andys
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ILR through Tier 1 Entrepreneur by March 2019

Post by Andys » Mon Jul 30, 2018 11:25 am

Hi All,

I will be applying for ILR in Mar' 19 through Tier 1 Ent route.

I just saw the updated guidance and it clarifies that jobs created during the last extension application would be counted towards the total requirement. Is that correct interpretation?

Secondly, if I employ an EEA national (Hungarian), it says that the person would need to submit a UK registration certificate. However when I checked the HO site for the registration certificate, it says that if you are an EEA national, you don't need the registration certificate. Could someone pls clarify.

Thanks in advance.

regularuser
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Posts: 224
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India

Re: ILR through Tier 1 Entrepreneur by March 2019

Post by regularuser » Mon Jul 30, 2018 11:42 am

Andys wrote:
Mon Jul 30, 2018 11:25 am
Hi All,

I will be applying for ILR in Mar' 19 through Tier 1 Ent route.

I just saw the updated guidance and it clarifies that jobs created during the last extension application would be counted towards the total requirement. Is that correct interpretation?

As per Guidance:
If you are applying for a second extension or 5 year settlement application:
• You can only score points for employment activity from your most recent extension period
of leave.
• You cannot claim points for any employment activity from your initial period of leave (as
this can only be used to score points for your first extension application).

Secondly, if I employ an EEA national (Hungarian), it says that the person would need to submit a UK registration certificate. However when I checked the HO site for the registration certificate, it says that if you are an EEA national, you don't need the registration certificate. Could someone pls clarify.

Should be fine just passport copy or National ID card

Thanks in advance.

Andys
Junior Member
Posts: 53
Joined: Wed Nov 29, 2017 12:52 pm

Re: ILR through Tier 1 Entrepreneur by March 2019

Post by Andys » Mon Jul 30, 2018 12:08 pm

regularuser wrote:
Mon Jul 30, 2018 11:42 am
Andys wrote:
Mon Jul 30, 2018 11:25 am
Hi All,

I will be applying for ILR in Mar' 19 through Tier 1 Ent route.

I just saw the updated guidance and it clarifies that jobs created during the last extension application would be counted towards the total requirement. Is that correct interpretation?

As per Guidance:
If you are applying for a second extension or 5 year settlement application:
• You can only score points for employment activity from your most recent extension period
of leave.
• You cannot claim points for any employment activity from your initial period of leave (as
this can only be used to score points for your first extension application).

Secondly, if I employ an EEA national (Hungarian), it says that the person would need to submit a UK registration certificate. However when I checked the HO site for the registration certificate, it says that if you are an EEA national, you don't need the registration certificate. Could someone pls clarify.

Should be fine just passport copy or National ID card

Thanks in advance.
Thanks for the response. Page 34 of Tier_1__Entrepreneur__Policy_Guidance_07.18 states

"Pre 6 April 2014 transitional arrangement- job creation
If you successfully applied to enter and have continually remained in the route since before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation for):
• 1 worker for 24 months
• 1 worker for 6 months and one for 18 months
• 4 workers for 6 months each
Please note: This transitional arrangement will come to an end on 6 April 2019. If you intend to make an extension or settlement application on or after 6 April 2019, you will not be able to rely on this transitional arrangement."

What does that mean?

regularuser
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Posts: 224
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India

Re: ILR through Tier 1 Entrepreneur by March 2019

Post by regularuser » Mon Jul 30, 2018 12:22 pm

it means you can not use transitional arrangement after 6/4/2019 for settlement application.

If your leave granted before april 2014,

you need to show 104 weeks of employment for settlement application but after 6/4/2019
you have to show 2 jobs for 12 month period.

Andys
Junior Member
Posts: 53
Joined: Wed Nov 29, 2017 12:52 pm

Re: ILR through Tier 1 Entrepreneur by March 2019

Post by Andys » Mon Jul 30, 2018 1:11 pm

regularuser wrote:
Mon Jul 30, 2018 12:22 pm
it means you can not use transitional arrangement after 6/4/2019 for settlement application.

If your leave granted before april 2014,

you need to show 104 weeks of employment for settlement application but after 6/4/2019
you have to show 2 jobs for 12 month period.
Thanks. I would be applying under Pre 2014 rules. Sorry I was not clear in my earlier message.
And does that mean that I would be able to count employment during the period of extension application, that is between the extn application filed and extension granted or does it have to be only after the extension was granted?

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zimba
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Re: ILR through Tier 1 Entrepreneur by March 2019

Post by zimba » Mon Jul 30, 2018 3:33 pm

When did you apply for Tier 1E visa ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Andys
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Re: ILR through Tier 1 Entrepreneur by March 2019

Post by Andys » Mon Jul 30, 2018 5:38 pm

Zimba wrote:
Mon Jul 30, 2018 3:33 pm
When did you apply for Tier 1E visa ??
March 2014

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zimba
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Re: ILR through Tier 1 Entrepreneur by March 2019

Post by zimba » Tue Jul 31, 2018 9:44 am

I just saw the updated guidance and it clarifies that jobs created during the last extension application would be counted towards the total requirement. Is that correct interpretation?
ONLY Jobs created AFTER the grant of extension will count towards ILR
Secondly, if I employ an EEA national (Hungarian), it says that the person would need to submit a UK registration certificate. However when I checked the HO site for the registration certificate, it says that if you are an EEA national, you don't need the registration certificate. Could someone pls clarify.
EEA national passport page is enough
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Andys
Junior Member
Posts: 53
Joined: Wed Nov 29, 2017 12:52 pm

Re: ILR through Tier 1 Entrepreneur by March 2019

Post by Andys » Tue Jul 31, 2018 11:36 am

Zimba wrote:
Tue Jul 31, 2018 9:44 am
I just saw the updated guidance and it clarifies that jobs created during the last extension application would be counted towards the total requirement. Is that correct interpretation?
ONLY Jobs created AFTER the grant of extension will count towards ILR
Secondly, if I employ an EEA national (Hungarian), it says that the person would need to submit a UK registration certificate. However when I checked the HO site for the registration certificate, it says that if you are an EEA national, you don't need the registration certificate. Could someone pls clarify.
EEA national passport page is enough
Thanks Zimba

Amz
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Re: ILR through Tier 1 Entrepreneur by March 2019

Post by Amz » Thu Aug 02, 2018 11:11 am

Zimba wrote:
Tue Jul 31, 2018 9:44 am
I just saw the updated guidance and it clarifies that jobs created during the last extension application would be counted towards the total requirement. Is that correct interpretation?
ONLY Jobs created AFTER the grant of extension will count towards ILR
Secondly, if I employ an EEA national (Hungarian), it says that the person would need to submit a UK registration certificate. However when I checked the HO site for the registration certificate, it says that if you are an EEA national, you don't need the registration certificate. Could someone pls clarify.
EEA national passport page is enough


Hi Zimba

I am in the same boat (Applying for ILR on Tier 1 Entrepreneur Route in Pre April 2014 scenario). As per my understanding You can count the job in the last 12 months when you are applying for the ILR which means that I had 1 employee continuing from July 2017 while i received my Extension granted in June 2018, so If I am applying in March 2019 for ILR, I can count that employee from March 2018 for 12 months (1 full time job). Is this not correct ?

Regards

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zimba
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Re: ILR through Tier 1 Entrepreneur by March 2019

Post by zimba » Thu Aug 02, 2018 11:16 am

If when applying for ILR, your previous leave (extension) was granted less than 12 months, then you can use employment periods in the proceeding 12 months
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Andys
Junior Member
Posts: 53
Joined: Wed Nov 29, 2017 12:52 pm

Tier 1 Ent to ILR: Employment Creation

Post by Andys » Wed Jan 02, 2019 5:00 pm

Hi Guys

I will be applying for ILR between 1st and 5th Apr 2019 under Pre 6 Apr 2014 transitional arrangement.
I will be completing my 5 years on 29/04/2019.
I was given last extension on 27/03/2018 and will be using April 18 to Mar 19 as period for qualification. My employee hours as below:

Employee 1 (Business Development Exec): FT: 130+ hrs every month (01/04/2018 to 31/03/2019)

Employee 2 (Accounts Astt/Office Astt): PT: Monthly hours: 87, 89, 88, 88, 87, 89, 87, 87, 87, 87, 87, 87 (01/04/2018 to 31/03/2019)

Employee 3 (Office Astt): PT: Monthly hours: 24, 104, 103, 68, 108, 108, 108, 108, 108 (01/07/2018 to 31/03/2019)

Employee 4 (Telemarketer): PT: Monthly hours: 20, 18 (01/09/2018 to 31/10/2018)

My query is, Will I be able to add the total part time hours to reach the required hours to 3120 or would UKVI add the 2 part time hours to max of 130 every month and I will run short of around 3 months?

If I add the 2 part time hours in 2 separate roles, I exceed the hours required to qualify, however I am not sure if that will be applicable.

Could someone pls clarify

Thanks in advance

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CR001
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Re: Tier 1 Ent to ILR: Employment Creation

Post by CR001 » Wed Jan 02, 2019 5:03 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Andys
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Re: Tier 1 Ent to ILR: Employment Creation

Post by Andys » Wed Jan 02, 2019 5:30 pm

CR001 wrote:
Wed Jan 02, 2019 5:03 pm
Topics Merged (click to read)
Hi, This is very different question from the earlier post. I am afraid people will not even read the bottom part where the new question is. Could you pls separate the 2 posts.

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Re: Tier 1 Ent to ILR: Employment Creation

Post by CR001 » Wed Jan 02, 2019 5:32 pm

Andys wrote:
Wed Jan 02, 2019 5:30 pm
CR001 wrote:
Wed Jan 02, 2019 5:03 pm
Topics Merged (click to read)
Hi, This is very different question from the earlier post. I am afraid people will not even read the bottom part where the new question is. Could you pls separate the 2 posts.
Please do click on the link to read the forum rule about multiple posts/topics. No it won't be separated into two separate topics.

Not sure why you believe 'no one will see your post'. It will be at the top of the list of recent topics and the forum members know how the forum and posts work!!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Andys
Junior Member
Posts: 53
Joined: Wed Nov 29, 2017 12:52 pm

Re: Tier 1 Ent to ILR: Employment Creation

Post by Andys » Wed Jan 02, 2019 5:38 pm

CR001 wrote:
Wed Jan 02, 2019 5:32 pm
Andys wrote:
Wed Jan 02, 2019 5:30 pm
CR001 wrote:
Wed Jan 02, 2019 5:03 pm
Topics Merged (click to read)
Hi, This is very different question from the earlier post. I am afraid people will not even read the bottom part where the new question is. Could you pls separate the 2 posts.
Please do click on the link to read the forum rule about multiple posts/topics. No it won't be separated into two separate topics.

Not sure why you believe 'no one will see your post'. It will be at the top of the list of recent topics and the forum members know how the forum and posts work!!!
Thanks Char. The post is listed, however the question that I asked is very different from the previous one. If anyone opens the post, the new question is pushed right at the bottom.
May be I can post it with a different topic or headline.

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CR001
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Re: Tier 1 Ent to ILR: Employment Creation

Post by CR001 » Wed Jan 02, 2019 5:58 pm

All questions relating to your Tier 1 Ent to ILR should be kept in ONE topic please. Many members do this and get responses, so I am not sure what your concern is with wanting a new topic for each question on the same application.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Andys
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Posts: 53
Joined: Wed Nov 29, 2017 12:52 pm

Re: Tier 1 Ent to ILR: Employment Creation

Post by Andys » Wed Jan 02, 2019 6:10 pm

CR001 wrote:
Wed Jan 02, 2019 5:58 pm
All questions relating to your Tier 1 Ent to ILR should be kept in ONE topic please. Many members do this and get responses, so I am not sure what your concern is with wanting a new topic for each question on the same application.
Thanks Char

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aman90
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Re: Tier 1 Ent to ILR: Employment Creation

Post by aman90 » Wed Jan 02, 2019 6:47 pm

Andys wrote:
Wed Jan 02, 2019 5:00 pm
Hi Guys

I will be applying for ILR between 1st and 5th Apr 2019 under Pre 6 Apr 2014 transitional arrangement.
I will be completing my 5 years on 29/04/2019.
I was given last extension on 27/03/2018 and will be using April 18 to Mar 19 as period for qualification.
My employee hours as below:

Job1:

Employee A :
FT: 130+ hrs month
01/04/2018 to 31/03/2019
=12 months or 52 weeks

Job 2

Employee B:
PT: Monthly hours: 87, 89, 88, 88, 87, 89, 87, 87, 87, 87, 87, 87
(01/04/2018 to 31/03/2019)

8 months combined with job 3

Job 3
Employee C
PT: Monthly hours: 24, 104, 103, 68, 108, 108, 108, 108, 108
(01/07/2018 to 31/03/2019)

8 months

Job 4

Employee D:
PT: Monthly hours: 20, 18
(01/09/2018 to 31/10/2018)


My query is, Will I be able to add the total part time hours to reach the required hours to 3120 or would UKVI add the 2 part time hours to max of 130 every month and I will run short of around 3 months?
If that’s how HO calculates then you’ve got a good shot!

If I add the 2 part time hours in 2 separate roles, I exceed the hours required to qualify, however I am not sure if that will be applicable.

Could someone pls clarify


Thanks in advance
You may or may not get away with it.
Strictly speaking.. seems unlikely.
This might help.
Part time employee.. 01/01/19-31/03/19.

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aman90
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Re: Tier 1 Ent to ILR: Employment Creation

Post by aman90 » Wed Jan 02, 2019 7:00 pm

initial visa issue date?

Andys
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Re: Tier 1 Ent to ILR: Employment Creation

Post by Andys » Thu Jan 03, 2019 8:47 am

aman90 wrote:
Wed Jan 02, 2019 7:00 pm
initial visa issue date?
Thanks Aman.
Initial Visa Issue date: 29/04/2014

Andys
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Posts: 53
Joined: Wed Nov 29, 2017 12:52 pm

Re: Tier 1 Ent to ILR: Employment Creation

Post by Andys » Thu Jan 03, 2019 8:49 am

aman90 wrote:
Wed Jan 02, 2019 6:47 pm
Andys wrote:
Wed Jan 02, 2019 5:00 pm
Hi Guys

I will be applying for ILR between 1st and 5th Apr 2019 under Pre 6 Apr 2014 transitional arrangement.
I will be completing my 5 years on 29/04/2019.
I was given last extension on 27/03/2018 and will be using April 18 to Mar 19 as period for qualification.
My employee hours as below:

Job1:

Employee A :
FT: 130+ hrs month
01/04/2018 to 31/03/2019
=12 months or 52 weeks

Job 2

Employee B:
PT: Monthly hours: 87, 89, 88, 88, 87, 89, 87, 87, 87, 87, 87, 87
(01/04/2018 to 31/03/2019)

8 months combined with job 3

Job 3
Employee C
PT: Monthly hours: 24, 104, 103, 68, 108, 108, 108, 108, 108
(01/07/2018 to 31/03/2019)

8 months

Job 4

Employee D:
PT: Monthly hours: 20, 18
(01/09/2018 to 31/10/2018)


My query is, Will I be able to add the total part time hours to reach the required hours to 3120 or would UKVI add the 2 part time hours to max of 130 every month and I will run short of around 3 months?
If that’s how HO calculates then you’ve got a good shot!

If I add the 2 part time hours in 2 separate roles, I exceed the hours required to qualify, however I am not sure if that will be applicable.

Could someone pls clarify


Thanks in advance
You may or may not get away with it.
Strictly speaking.. seems unlikely.
This might help.
Part time employee.. 01/01/19-31/03/19.
Thanks Aman. Yeah I figured it would be best to take on another PT to use the remaining hours for 3 months. I will try and take on another FT just in case as a cushion.

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aman90
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Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm

Re: Tier 1 Ent to ILR: Employment Creation

Post by aman90 » Thu Jan 03, 2019 12:52 pm

Andys wrote:
Thu Jan 03, 2019 8:49 am
aman90 wrote:
Wed Jan 02, 2019 6:47 pm
Andys wrote:
Wed Jan 02, 2019 5:00 pm
Hi Guys

I will be applying for ILR between 1st and 5th Apr 2019 under Pre 6 Apr 2014 transitional arrangement.
I will be completing my 5 years on 29/04/2019.
I was given last extension on 27/03/2018 and will be using April 18 to Mar 19 as period for qualification.
My employee hours as below:

Job1:

Employee A :
FT: 130+ hrs month
01/04/2018 to 31/03/2019
=12 months or 52 weeks

Job 2

Employee B:
PT: Monthly hours: 87, 89, 88, 88, 87, 89, 87, 87, 87, 87, 87, 87
(01/04/2018 to 31/03/2019)

8 months combined with job 3

Job 3
Employee C
PT: Monthly hours: 24, 104, 103, 68, 108, 108, 108, 108, 108
(01/07/2018 to 31/03/2019)

8 months

Job 4

Employee D:
PT: Monthly hours: 20, 18
(01/09/2018 to 31/10/2018)


My query is, Will I be able to add the total part time hours to reach the required hours to 3120 or would UKVI add the 2 part time hours to max of 130 every month and I will run short of around 3 months?
If that’s how HO calculates then you’ve got a good shot!

If I add the 2 part time hours in 2 separate roles, I exceed the hours required to qualify, however I am not sure if that will be applicable.

Could someone pls clarify


Thanks in advance
You may or may not get away with it.
Strictly speaking.. seems unlikely.
This might help.
Part time employee.. 01/01/19-31/03/19.
Thanks Aman. Yeah I figured it would be best to take on another PT to use the remaining hours for 3 months. I will try and take on another FT just in case as a cushion.

The form states 120hrs/month as F/T
Though only you know how ur employees fulfill ur business needs.. you could consider a number of combinations with ur existing employees as well as adding a new p/t employee.
I wonder if adding April 19 would work for you...considering transitional ends on 6th April 19 but you are applying just before it.

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aman90
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Posts: 1677
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Re: Tier 1 Ent to ILR: Employment Creation

Post by aman90 » Thu Jan 03, 2019 1:02 pm

Ur barely making the 4th month by a whisker.
Combining c/d and b.. I’m not sure if that’s a combo really.
Calculate weeks from date of extension to date of application.

Andys
Junior Member
Posts: 53
Joined: Wed Nov 29, 2017 12:52 pm

Re: Tier 1 Ent to ILR: Employment Creation

Post by Andys » Thu Jan 10, 2019 11:43 am

aman90 wrote:
Thu Jan 03, 2019 12:52 pm
Andys wrote:
Thu Jan 03, 2019 8:49 am
aman90 wrote:
Wed Jan 02, 2019 6:47 pm
Andys wrote:
Wed Jan 02, 2019 5:00 pm
Hi Guys

I will be applying for ILR between 1st and 5th Apr 2019 under Pre 6 Apr 2014 transitional arrangement.
I will be completing my 5 years on 29/04/2019.
I was given last extension on 27/03/2018 and will be using April 18 to Mar 19 as period for qualification.
My employee hours as below:

Job1:

Employee A :
FT: 130+ hrs month
01/04/2018 to 31/03/2019
=12 months or 52 weeks

Job 2

Employee B:
PT: Monthly hours: 87, 89, 88, 88, 87, 89, 87, 87, 87, 87, 87, 87
(01/04/2018 to 31/03/2019)

8 months combined with job 3

Job 3
Employee C
PT: Monthly hours: 24, 104, 103, 68, 108, 108, 108, 108, 108
(01/07/2018 to 31/03/2019)

8 months

Job 4

Employee D:
PT: Monthly hours: 20, 18
(01/09/2018 to 31/10/2018)


My query is, Will I be able to add the total part time hours to reach the required hours to 3120 or would UKVI add the 2 part time hours to max of 130 every month and I will run short of around 3 months?
If that’s how HO calculates then you’ve got a good shot!

If I add the 2 part time hours in 2 separate roles, I exceed the hours required to qualify, however I am not sure if that will be applicable.

Could someone pls clarify


Thanks in advance
You may or may not get away with it.
Strictly speaking.. seems unlikely.
This might help.
Part time employee.. 01/01/19-31/03/19.
Thanks Aman. Yeah I figured it would be best to take on another PT to use the remaining hours for 3 months. I will try and take on another FT just in case as a cushion.

The form states 120hrs/month as F/T
Though only you know how ur employees fulfill ur business needs.. you could consider a number of combinations with ur existing employees as well as adding a new p/t employee.
I wonder if adding April 19 would work for you...considering transitional ends on 6th April 19 but you are applying just before it.
I thought it was 130 hr per month for full time.

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