Tier 1 to ILR

CULLINAN · Post by **CULLINAN** » Thu Sep 27, 2018 1:40 pm

Correction: employee 1 claiming for: 7th january 2018- 31st jan 2019

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm
Dear Marcnath,

I just want to confirm my jobs hours for ILR. Please can you help once again as i have a clearer picture now.

Extension received: April 2018
Qualify for ILR: Dec 2018
Plan to apply ILR: 7th January 2019

Employee 1 FT: 7th Jan 2018 - 31st Jan 2019
Enployee 2 FT: 1st May 2018 - 31st Jan 2019
Employee 3 FT: 1st July 2018 - 1st Nov 2018.

Q1: As I can claim for 1 year before date of application (7th Jan 2019) I do plan to submit an early FPS report for Jan 2019 will January 2019 full month be counted for both employee 1 and 2?

Q2: I might be asking this question again but please answer: my salary slips are made on monthly basis 30 hours a week. But 8 months follow 120 hours and 4 months (March, June, August, November) follow 150 hours(given 4 or 5 paychecks logic). I will be submitting a week by week chart also along with the application showing 30 hours for 52 weeks will that be okay?

Total: 1560 hours a year.

Please check this link for this logic:
https://www.thebalance.com/five-paycheck-months-1387871

Q3: Do i qualify for my ILR job hours given the above employee 1,2,3?

Thank you

CULLINAN · Post by **CULLINAN** » Thu Sep 27, 2018 1:44 pm

Q3: Early FPS for january 2019 will be submitted with the application but the pay date will be 31st january 2019 when the money will be physically transferred to employees. Can that be a problem?

marcnath · Post by **marcnath** » Thu Sep 27, 2018 9:56 pm

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm

I just want to confirm my jobs hours for ILR. Please can you help once again as i have a clearer picture now.

Extension received: April 2018
Qualify for ILR: Dec 2018
Plan to apply ILR: 7th January 2019

Employee 1 FT: 1st Jan 2018 - 31st Jan 2019
Enployee 2 FT: 1st May 2018 - 31st Jan 2019
Employee 3 FT: 1st July 2018 - 1st Nov 2018.

Q1: As I can claim for 1 year before date of application (7th Jan 2019) I do plan to submit an early FPS report for Jan 2019 will January 2019 full month be counted for both employee 1 and 2?

You can only claim for 12 months before application date, so only from 7th Jan 2018 to 7th Jan 2019

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm

Q2: I might be asking this question again but please answer: my salary slips are made on monthly basis 30 hours a week. But 8 months follow 120 hours and 4 months (March, June, August, November) follow 150 hours(given 4 or 5 paychecks logic). I will be submitting a week by week chart also along with the application showing 30 hours for 52 weeks will that be okay?

Total: 1560 hours a year.

Please check this link for this logic:
https://www.thebalance.com/five-paycheck-months-1387871

First the link refers to when a person is paid weekly, which is not your case.

If the payslip is done on a weekly basis, I hope it shows the duration of the payslip to reflect 28 or 35 weeks as the case may be. That would be right way to do that. If not, the weekly chart should help.

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm

Q3: Do i qualify for my ILR job hours given the above employee 1,2,3?

It looks like you do. Employee 1 would be 12 months, Emp 2 8 months and Emp 3 4 months

tier11417 wrote: ↑
Thu Sep 27, 2018 1:44 pm
Q3: Early FPS for january 2019 will be submitted with the application but the pay date will be 31st january 2019 when the money will be physically transferred to employees. Can that be a problem?

No

CULLINAN · Post by **CULLINAN** » Thu Sep 27, 2018 10:10 pm

marcnath wrote: ↑
Thu Sep 27, 2018 9:56 pm

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm

I just want to confirm my jobs hours for ILR. Please can you help once again as i have a clearer picture now.

Extension received: April 2018
Qualify for ILR: Dec 2018
Plan to apply ILR: 7th January 2019

Employee 1 FT: 1st Jan 2018 - 31st Jan 2019
Enployee 2 FT: 1st May 2018 - 31st Jan 2019
Employee 3 FT: 1st July 2018 - 1st Nov 2018.

Q1: As I can claim for 1 year before date of application (7th Jan 2019) I do plan to submit an early FPS report for Jan 2019 will January 2019 full month be counted for both employee 1 and 2?
You can only claim for 12 months before application date, so only from 7th Jan 2018 to 7th Jan 2019

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm

Q2: I might be asking this question again but please answer: my salary slips are made on monthly basis 30 hours a week. But 8 months follow 120 hours and 4 months (March, June, August, November) follow 150 hours(given 4 or 5 paychecks logic). I will be submitting a week by week chart also along with the application showing 30 hours for 52 weeks will that be okay?

Total: 1560 hours a year.

Please check this link for this logic:
https://www.thebalance.com/five-paycheck-months-1387871
First the link refers to when a person is paid weekly, which is not your case.

If the payslip is done on a weekly basis, I hope it shows the duration of the payslip to reflect 28 or 35 weeks as the case may be. That would be right way to do that. If not, the weekly chart should help.

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm

Q3: Do i qualify for my ILR job hours given the above employee 1,2,3?

It looks like you do. Employee 1 would be 12 months, Emp 2 8 months and Emp 3 4 months

tier11417 wrote: ↑
Thu Sep 27, 2018 1:44 pm
Q3: Early FPS for january 2019 will be submitted with the application but the pay date will be 31st january 2019 when the money will be physically transferred to employees. Can that be a problem?
No

Thank you for your reply. No the payslips do not show the dates it only says the month that is Jan 2018, Feb 2018 and so forth. But my accountant says that is how the pay is calculated monthly for 4 weeks or 5 weeks (i know no month is for 5 weeks) but just for the sake of calculation.
I did the same at the extension period and the accountant submitted the week chart along with the pay slips so it was fine.
I was just wondering in the old guidelines it said 120 hours a month or 30 hours a week (although it was confusing) but new guidelines only say 30 hours a week.
So fingers crossed if I submit the week chart it is fine?
Do you think it can be a problem?

Thank you

marcnath · Post by **marcnath** » Thu Sep 27, 2018 10:15 pm

tier11417 wrote: ↑
Thu Sep 27, 2018 10:10 pm

marcnath wrote: ↑
Thu Sep 27, 2018 9:56 pm

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm

I just want to confirm my jobs hours for ILR. Please can you help once again as i have a clearer picture now.

Extension received: April 2018
Qualify for ILR: Dec 2018
Plan to apply ILR: 7th January 2019

Employee 1 FT: 1st Jan 2018 - 31st Jan 2019
Enployee 2 FT: 1st May 2018 - 31st Jan 2019
Employee 3 FT: 1st July 2018 - 1st Nov 2018.

Q1: As I can claim for 1 year before date of application (7th Jan 2019) I do plan to submit an early FPS report for Jan 2019 will January 2019 full month be counted for both employee 1 and 2?
You can only claim for 12 months before application date, so only from 7th Jan 2018 to 7th Jan 2019

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm

Q2: I might be asking this question again but please answer: my salary slips are made on monthly basis 30 hours a week. But 8 months follow 120 hours and 4 months (March, June, August, November) follow 150 hours(given 4 or 5 paychecks logic). I will be submitting a week by week chart also along with the application showing 30 hours for 52 weeks will that be okay?

Total: 1560 hours a year.

Please check this link for this logic:
https://www.thebalance.com/five-paycheck-months-1387871
First the link refers to when a person is paid weekly, which is not your case.

If the payslip is done on a weekly basis, I hope it shows the duration of the payslip to reflect 28 or 35 weeks as the case may be. That would be right way to do that. If not, the weekly chart should help.

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm

Q3: Do i qualify for my ILR job hours given the above employee 1,2,3?

It looks like you do. Employee 1 would be 12 months, Emp 2 8 months and Emp 3 4 months

tier11417 wrote: ↑
Thu Sep 27, 2018 1:44 pm
Q3: Early FPS for january 2019 will be submitted with the application but the pay date will be 31st january 2019 when the money will be physically transferred to employees. Can that be a problem?
No

Thank you for your reply. No the payslips do not show the dates it only says the month that is Jan 2018, Feb 2018 and so forth. But my accountant says that is how the pay is calculated monthly for 4 weeks or 5 weeks (i know no month is for 5 weeks) but just for the sake of calculation.
I did the same at the extension period and the accountant submitted the week chart along with the pay slips so it was fine.
I was just wondering in the old guidelines it said 120 hours a month or 30 hours a week (although it was confusing) but new guidelines only say 30 hours a week.
So fingers crossed if I submit the week chart it is fine?
Do you think it can be a problem?

Thank you

The 120 hours was a mistake and it has been corrected - so you can't depend on that any more.
You should be able to argue that in the cover letter with the weekly break up and so on. But if your accountant can have the dates in the Period section of the Payslip, that would be much better.

CULLINAN · Post by **CULLINAN** » Thu Sep 27, 2018 10:23 pm

Thank you

CULLINAN · Post by **CULLINAN** » Thu Sep 27, 2018 10:34 pm

Dear Marcnath,

I had typed this message before but it somehow vanished after I submitted so typing again.

Please help me confirm I do qualify for continuous residency for ILR

Initial visa: 17 Jan 2014

Travel

2014:
6 Feb - 15 March 38 days
10 April - 28 April 19 days
8 July - 22 Aug 46 days
23 Sep - 15 Oct 23 days

2015:
5th Feb - 2 March 26 days
29 June - 27 July 29 days
13 Sep - 2 Oct 20 days

2016:
17 Jan - 7 Feb 22 days
20 March - 14 April 24 days
22 June - 9 July 18 days
31 Aug - 16 Sep 17 days

2017:
No travel

2018:
30 May - 20 June 22 days
10 Aug - 24 August 15 days
15 Oct - 21 Oct 7 days - future travel

q1: Do i qualify?
q2: How does HO know all these travel dates? stamps on passport?
q3: If I am correct tier 1 applicants do not need any evidence or reason for the travel?

Thank you

CULLINAN · Post by **CULLINAN** » Thu Sep 27, 2018 11:04 pm

marcnath wrote: ↑
Thu Sep 27, 2018 10:15 pm

tier11417 wrote: ↑
Thu Sep 27, 2018 10:10 pm

marcnath wrote: ↑
Thu Sep 27, 2018 9:56 pm

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm

I just want to confirm my jobs hours for ILR. Please can you help once again as i have a clearer picture now.

Extension received: April 2018
Qualify for ILR: Dec 2018
Plan to apply ILR: 7th January 2019

Employee 1 FT: 1st Jan 2018 - 31st Jan 2019
Enployee 2 FT: 1st May 2018 - 31st Jan 2019
Employee 3 FT: 1st July 2018 - 1st Nov 2018.

Q1: As I can claim for 1 year before date of application (7th Jan 2019) I do plan to submit an early FPS report for Jan 2019 will January 2019 full month be counted for both employee 1 and 2?
You can only claim for 12 months before application date, so only from 7th Jan 2018 to 7th Jan 2019

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm

Q2: I might be asking this question again but please answer: my salary slips are made on monthly basis 30 hours a week. But 8 months follow 120 hours and 4 months (March, June, August, November) follow 150 hours(given 4 or 5 paychecks logic). I will be submitting a week by week chart also along with the application showing 30 hours for 52 weeks will that be okay?

Total: 1560 hours a year.

Please check this link for this logic:
https://www.thebalance.com/five-paycheck-months-1387871
First the link refers to when a person is paid weekly, which is not your case.

If the payslip is done on a weekly basis, I hope it shows the duration of the payslip to reflect 28 or 35 weeks as the case may be. That would be right way to do that. If not, the weekly chart should help.

tier11417 wrote: ↑
Thu Sep 27, 2018 1:24 pm

Q3: Do i qualify for my ILR job hours given the above employee 1,2,3?

It looks like you do. Employee 1 would be 12 months, Emp 2 8 months and Emp 3 4 months

tier11417 wrote: ↑
Thu Sep 27, 2018 1:44 pm
Q3: Early FPS for january 2019 will be submitted with the application but the pay date will be 31st january 2019 when the money will be physically transferred to employees. Can that be a problem?
No

Thank you for your reply. No the payslips do not show the dates it only says the month that is Jan 2018, Feb 2018 and so forth. But my accountant says that is how the pay is calculated monthly for 4 weeks or 5 weeks (i know no month is for 5 weeks) but just for the sake of calculation.
I did the same at the extension period and the accountant submitted the week chart along with the pay slips so it was fine.
I was just wondering in the old guidelines it said 120 hours a month or 30 hours a week (although it was confusing) but new guidelines only say 30 hours a week.
So fingers crossed if I submit the week chart it is fine?
Do you think it can be a problem?

Thank you
The 120 hours was a mistake and it has been corrected - so you can't depend on that any more.
You should be able to argue that in the cover letter with the weekly break up and so on. But if your accountant can have the dates in the Period section of the Payslip, that would be much better.

I just checked my old documents what I had submitted at extension stage. So basically the accountant had provided:
1) Wage slips (they mentioned only months and either 120 or 150 hours)
2) Yearly break down of hours month wise (template)
3) Weekly break down of hours mentioning dates when the week starts and break down of hours (different template for each month mentioning weeks)

So i think if i submit the break down week wise with specific start of the week date I should be fine?

Thank you

marcnath · Post by **marcnath** » Fri Sep 28, 2018 9:12 am

tier11417 wrote: ↑
Thu Sep 27, 2018 11:04 pm

I just checked my old documents what I had submitted at extension stage. So basically the accountant had provided:
1) Wage slips (they mentioned only months and either 120 or 150 hours)
2) Yearly break down of hours month wise (template)
3) Weekly break down of hours mentioning dates when the week starts and break down of hours (different template for each month mentioning weeks)

So i think if i submit the break down week wise with specific start of the week date I should be fine?

Thank you

As I have now repeated multiple times, the guidance has been updated to remove any reference to 120 hours. So, extension and ILR conditions are different.

The immigration rules do not address hours per month at all. The only thing immigration rules specify is 30 hrs/week and you seem to still meet that. So, yes, you should qualify.

Now, it is only a question of communicating it to the CW to make it easier for them.

marcnath · Post by **marcnath** » Fri Sep 28, 2018 9:22 am

tier11417 wrote: ↑
Thu Sep 27, 2018 10:34 pm
Dear Marcnath,

I had typed this message before but it somehow vanished after I submitted so typing again.

Please help me confirm I do qualify for continuous residency for ILR

Initial visa: 17 Jan 2014

Travel

2014:
6 Feb - 15 March 38 days
10 April - 28 April 19 days
8 July - 22 Aug 46 days
23 Sep - 15 Oct 23 days

2015:
5th Feb - 2 March 26 days
29 June - 27 July 29 days
13 Sep - 2 Oct 20 days

2016:
17 Jan - 7 Feb 22 days
20 March - 14 April 24 days
22 June - 9 July 18 days
31 Aug - 16 Sep 17 days

2017:
No travel

2018:
30 May - 20 June 22 days
10 Aug - 24 August 15 days
15 Oct - 21 Oct 7 days - future travel

q1: Do i qualify?
q2: How does HO know all these travel dates? stamps on passport?
q3: If I am correct tier 1 applicants do not need any evidence or reason for the travel?

Thank you

1. I can't do the calculation for you but note that it is not based on Calendar years. It is 180 days within 12 calendar months working back from date of application.
So, if you are applying on 7th Jan 2019, you should count days between 8th Jan 2018 and 7th Jan 2019, 8th Jan 2017 and 7th Jan 2018 and so on to check if you are away for more than 180 days in any of these periods.
2. Stamps on passport seems to be the obvious one but you are asked to list your absences. Lying on that would be deception and an immediate refusal and future ban.
3. Yes

CULLINAN · Post by **CULLINAN** » Fri Sep 28, 2018 12:31 pm

Thank you for both your replies. Appreciate it

CULLINAN · Post by **CULLINAN** » Fri Oct 05, 2018 11:58 pm

Dear Marcnath,

Once again your help needed please

1) Section 5 where it asks do you work in UK? Do we have to ticke yes or no?

2) The table where we have to fill the jobs asks for start and end date and hourly rate. For example one of my employee start date is Oct 2015 and the hourly rate has changed over the years. Although I will be claiming points 7th Jan 2018 onwards what is the best way to fill the table? Do I have to fill in the table and all previous hour rates from 2015?

Thank you

marcnath · Post by **marcnath** » Sat Oct 06, 2018 9:01 am

tier11417 wrote: ↑
Fri Oct 05, 2018 11:58 pm
Dear Marcnath,

Once again your help needed please

1) Section 5 where it asks do you work in UK? Do we have to ticke yes or no?

2) The table where we have to fill the jobs asks for start and end date and hourly rate. For example one of my employee start date is Oct 2015 and the hourly rate has changed over the years. Although I will be claiming points 7th Jan 2018 onwards what is the best way to fill the table? Do I have to fill in the table and all previous hour rates from 2015?

Thank you

1) Assuming you are working for your business, I would think the answer is Yes
2) This is not very clear. I personally think it is sufficient to enter the hourly rate starting from Jan 2018

CULLINAN · Post by **CULLINAN** » Sat Oct 06, 2018 11:49 am

Thank you for your reply

CULLINAN · Post by **CULLINAN** » Sun Oct 07, 2018 6:11 pm

Dear Marcnath,

I was just going through another member’s thread and came across this query. Please can you clarify.

Question: If your husband or wife has a settled status ILR or british passport can you employ him/her as an employee of your company for Tier 1 and claim points?

Thanks

CULLINAN · Post by **CULLINAN** » Sun Oct 07, 2018 10:08 pm

tier11417 wrote: ↑
Sun Oct 07, 2018 6:11 pm
Dear Marcnath,

I was just going through another member’s thread and came across this query. Please can you clarify.

Question: If your husband or wife has a settled status ILR or british passport can you employ him/her as an employee of your company for Tier 1 and claim points?

Thanks

I searched the forum and got the answer.
uk-tier-1-entrepreneur-visas/spouse-on- ... l#p1609655

I did not know that!

I could have easily employed my wife who has ILR!

Thanks

CULLINAN · Post by **CULLINAN** » Sun Oct 07, 2018 10:12 pm

Dear Marcnath,

Please if you can answer this:

1) My Tier 1 E is valid till Apr 2020. But I will be applying for ILR in Jan 19. Whatever the result of ILR will my leave stay intact till Apr 2020?

2) Will that break the continuous residency incase of a refusal (God forbid!)?

Thank you

marcnath · Post by **marcnath** » Mon Oct 08, 2018 6:33 am

tier11417 wrote: ↑
Sun Oct 07, 2018 6:11 pm
Dear Marcnath,

I was just going through another member’s thread and came across this query. Please can you clarify.

Question: If your husband or wife has a settled status ILR or british passport can you employ him/her as an employee of your company for Tier 1 and claim points?

Thanks

Sure - why not ?

Though, if your partner is a settled person, I would wonder why one would be on the more restrictive T1E visa.

CULLINAN · Post by **CULLINAN** » Mon Oct 08, 2018 12:35 pm

marcnath wrote: ↑
Mon Oct 08, 2018 6:33 am

tier11417 wrote: ↑
Sun Oct 07, 2018 6:11 pm
Dear Marcnath,

I was just going through another member’s thread and came across this query. Please can you clarify.

Question: If your husband or wife has a settled status ILR or british passport can you employ him/her as an employee of your company for Tier 1 and claim points?

Thanks
Sure - why not ?

Though, if your partner is a settled person, I would wonder why one would be on the more restrictive T1E visa.

Thank you for your reply.

It is because my partner got ILR around 8 months ago. I qualify for ILR in 3 months on Tier 1 where as switching to spouse visa will re set my settlement counter to zero so not worth it.

Please can you answer my second question (the above post)

Many thanks

marcnath · Post by **marcnath** » Mon Oct 08, 2018 1:10 pm

tier11417 wrote: ↑
Sun Oct 07, 2018 10:12 pm
Dear Marcnath,

Please if you can answer this:

1) My Tier 1 E is valid till Apr 2020. But I will be applying for ILR in Jan 19. Whatever the result of ILR will my leave stay intact till Apr 2020?

2) Will that break the continuous residency incase of a refusal (God forbid!)?

Thank you

1) Yes, an ILR refusal would have no impact on your existing visa
2) No

CULLINAN · Post by **CULLINAN** » Mon Oct 08, 2018 1:34 pm

Thank you for your reply

CULLINAN · Post by **CULLINAN** » Sat Oct 27, 2018 12:48 am

Dear Marcnath,

Please can you let me know what is this
“NEW UK visa and citizenship customer journey service” and how that will affect tier 1 applications?

Thank you

CULLINAN · Post by **CULLINAN** » Sat Oct 27, 2018 1:10 am

Does that mean tier 1 can also apply for super premium service now through the government website/partner website?

Thanks

CR001 · Post by **CR001** » Sat Oct 27, 2018 7:51 am

Update and Timeline of New Services (Click to read)

CULLINAN · Post by **CULLINAN** » Sat Oct 27, 2018 12:12 pm

CR001 wrote: ↑
Sat Oct 27, 2018 7:51 am
Update and Timeline of New Services (Click to read)

Thank you for the link CR001.

As per the link tier 1 is now eligible for super premium service (am i correct?)

However, the example quoted in the link is for tier 2 and the cost is around £1900.

I am sorry but I am just confusing this with the service what people were getting unofficially through solicitors and law firms and paying £10500 for the super premium service for tier 1.

Does that mean now every tier 1 can officially use the super premium service at a lower cost?

Please clarify.

Thank you

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