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Various questions relating to my ILR app

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Cynthiawills
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Various questions relating to my ILR app

Post by Cynthiawills » Mon Nov 19, 2018 3:19 pm

Hello Zimba / all,
Have some wuestions and would appreciate your responses.


1. Absences less than 180 days - guidance states no evidence required, but i completed the form online and on the checklist they are are asking for evidence. Would a list suffice?


2. Initial grant March 2016 - March 2018, Extension period December 2016 - December 2018. Please what would i use as the qualifying period on the application.


3. Investment evidence - table on recently updated guidance states no evidence required if you were given points however next page 35 states in all cases you should supply the required evidence of investment and job creation. On the checklist after completing information online, no evidence is requested for investment. Is this required please?

4. Consent for verification checks - please is there a template or would any one I provide would suffice?

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Employment combination -Tier 1 to ILR

Post by Cynthiawills » Mon Nov 19, 2018 3:23 pm

Good afternoon,

Please just need to check employee details to see if req has been met.
Thanks

Details

Employee 1 - 13 months full time (total hours 1,6150) - if i can only claim 1560 hours on this, can the remaining hours be combined with the other employees or can 1 month be combined with employee 2 & 3?

Employee 2 - 8 months full time - 1120 hours or (where only 120 hours can be claimed monthly 960

Employee 3- 4 months full time - 520 hours or (480 where only 120 can be claimed monthly)

Employee - 4 - part time in sept and part time in october.

Questions are
1. if i can only claim 1560 hours on employee 1, can the remaining hours be combined with the other employees or can 1 month be combined with employee 2 & 3?
2. Are we only allowed to claim 120 monthly? Is that 1440 for 12 months or is that 1560 hours per job claimed?
4. Can employee 4 be used as 1 month job or would this be totally disregarded?
5. If Employee 4 can not be used to claim point, Please have i met the employement req with Employees 1, 2 and 3 based on the pre- transitional arrangement?

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Re: Various questions relating to my ILR app

Post by CR001 » Mon Nov 19, 2018 4:20 pm

Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Various questions relating to my ILR app

Post by aman90 » Mon Nov 19, 2018 6:58 pm

Cynthiawills wrote:
Mon Nov 19, 2018 3:19 pm
Hello Zimba / all,
Have some wuestions and would appreciate your responses.


1. Absences less than 180 days - guidance states no evidence required, but i completed the form online and on the checklist they are are asking for evidence. Would a list suffice?

No evidence for absences required.. only mention reasons. I filled the paper form which had the table..

2. Initial grant March 2016 - March 2018, Extension period December 2016 - December 2018. Please what would i use as the qualifying period on the application.

5 years from the date you entered or date of grant. I’m a bit confused on ur dates. Perhaps state clearly ur dates,visas and entry.

3. Investment evidence - table on recently updated guidance states no evidence required if you were given points however next page 35 states in all cases you should supply the required evidence of investment and job creation. On the checklist after completing information online, no evidence is requested for investment. Is this required please?

Not required.. only job creation evidence is mandatory

4. Consent for verification checks - please is there a template or would any one I provide would suffice?
There is no template or shouldn’t be one. It’s standard practice. Sign/date submission?

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Re: Employment combination -Tier 1 to ILR

Post by aman90 » Mon Nov 19, 2018 7:07 pm

Cynthiawills wrote:
Mon Nov 19, 2018 3:23 pm
Good afternoon,

Please just need to check employee details to see if req has been met.
Thanks

Details

Employee 1 - 13 months full time (total hours 1,6150) - if i can only claim 1560 hours on this, can the remaining hours be combined with the other employees or can 1 month be combined with employee 2 & 3?

Employee 2 - 8 months full time - 1120 hours or (where only 120 hours can be claimed monthly 960

Employee 3- 4 months full time - 520 hours or (480 where only 120 can be claimed monthly)

Employee - 4 - part time in sept and part time in october.

Questions are
1. if i can only claim 1560 hours on employee 1, can the remaining hours be combined with the other employees or can 1 month be combined with employee 2 & 3?
Did you do this at the time of Ext?
2. Are we only allowed to claim 120 monthly? Is that 1440 for 12 months or is that 1560 hours per job claimed?
It has to be a min 30hrs/week which is 130hrs/month for full time. 2 part timers can make it up.
Any employee clocking more than that is disregarded.

4. Can employee 4 be used as 1 month job or would this be totally disregarded?
5. If Employee 4 can not be used to claim point, Please have i met the employement req with Employees 1, 2 and 3 based on the pre- transitional arrangement?

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Re: Various questions relating to my ILR app

Post by aman90 » Mon Nov 19, 2018 7:17 pm

Yes.. employee 1, 2 and 3 seem to fulfil the requirement.
I hope you are reading the correct guidance.
The 120hrs was removed from guidance.

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Re: Various questions relating to my ILR app

Post by Cynthiawills » Mon Nov 19, 2018 7:59 pm

Thank you


2. Initial grant March 2016 - March 2018, Extension period December 2016 - December 2018. Please what would i use as the qualifying period on the application.

5 years from the date you entered or date of grant. I’m a bit confused on ur dates. Perhaps state clearly ur dates,visas and entry.

Tier 1 initial - March 2016 - March 2018, then waiting period for extension decision March 2016 - December 2018, Tier 1 Extension December 20-6 - December 2018 -

4. Consent for verification checks - please is there a template or would any one I provide would suffice?
There is no template or shouldn’t be one. It’s standard practice. Sign/date submission? Online application to be completed. thanks I believe that would suffice

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Re: Various questions relating to my ILR app

Post by Cynthiawills » Mon Nov 19, 2018 8:13 pm

Thanks please see my responses below

Yes.. employee 1, 2 and 3 seem to fulfil the requirement.

I hope you are reading the correct guidance.

The 120hrs was removed from guidance.

I thought that since 30 hrs p/w is required then it would be 120 monthly but please for clarity, how many hours should an employee have worked in total monthly to qualify as full time? Someone commented that it has to be 130 per month, which would be 1560 hours per role for 12 months?

If 1560 is the correct number of hours per role then Employee 1 is sufficient for role 1. Employee 2 and 3 would get me to 1480hours and employee 4 could complete that however she was part time for 2 months so not sure if that would be accepted at all

Thanks alot, really appreciate your response

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Re: Various questions relating to my ILR app

Post by aman90 » Mon Nov 19, 2018 8:48 pm

If you are running a weekly payroll then you should be fine.
1560 hrs is a flawed concept as is 120hrs on a monthly payroll. It’s a risk I wouldn’t advise to take.
On a monthly payroll the 30hrs/week equates to 130hrs per month in accounting terms.
30x52/12=130
The guidance is clear on 30hrs per week and disregarding any employees hours above that ie cannot be added to another employees hours or be equivalent to another employee.

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Re: Various questions relating to my ILR app

Post by aman90 » Mon Nov 19, 2018 9:02 pm

Tier 1 initial - March 2016 - March 2018, then waiting period for extension decision March 2016 - December 2018, Tier 1 Extension December 20-6 - December 2018 -

I’m sorry but I can’t reconcile this statement. Perhaps someone else can help you.
I’m assuming you hold T1 ENT.. you need 5 years from the date of your grant or entry to qualify for ILR. (You’ll need to adjust date if you have absences of more than 180days)
According to your statement 2016 to 2018. So I don’t know how you qualify at all.

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Re: Various questions relating to my ILR app

Post by Cynthiawills » Mon Nov 19, 2018 9:35 pm

thank you very much.f you are running a weekly payroll then you should be fine.
1560 hrs is a flawed concept as is 120hrs on a monthly payroll. It’s a risk I wouldn’t advise to take.
On a monthly payroll the 30hrs/week equates to 130hrs per month in accounting terms.
30x52/12=130
The guidance is clear on 30hrs per week and disregarding any employees hours above that ie cannot be added to another employees hours or be equivalent to another employee.

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Re: Various questions relating to my ILR app

Post by Cynthiawills » Mon Nov 19, 2018 9:41 pm

apologies, missed type. I understand it's 5 years from initial grant. Thank you so much. you have been really helpful

Tier 1 initial - March 2016 - March 2018, then waiting period for extension decision March 2016 - December 2016, Tier 1 Extension December 2016 - December 2018

I’m sorry but I can’t reconcile this statement. Perhaps someone else can help you.
I’m assuming you hold T1 ENT.. you need 5 years from the date of your grant or entry to qualify for ILR. (You’ll need to adjust date if you have absences of more than 180days)
According to your statement 2016 to 2018. So I don’t know how you qualify at all.

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Re: Various questions relating to my ILR app

Post by CULLINAN » Mon Nov 19, 2018 10:36 pm

Cynthiawills wrote:
Mon Nov 19, 2018 9:41 pm
apologies, missed type. I understand it's 5 years from initial grant. Thank you so much. you have been really helpful

Tier 1 initial - March 2016 - March 2018, then waiting period for extension decision March 2016 - December 2016, Tier 1 Extension December 2016 - December 2018

I’m sorry but I can’t reconcile this statement. Perhaps someone else can help you.
I’m assuming you hold T1 ENT.. you need 5 years from the date of your grant or entry to qualify for ILR. (You’ll need to adjust date if you have absences of more than 180days)
According to your statement 2016 to 2018. So I don’t know how you qualify at all.
Your dates dont seem right. You need to clearly mention your dates as they are overlapping.

What was your date of grant for initial Tier 1 Visa?

For example if you were granted Tier 1 initial on 12/1/2014 you will qualify for ILR on 12/1/2019 minus 28 days (as you can apply 28 days before you complete your 5 years)
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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Date of Job creation on online form

Post by Cynthiawills » Mon Dec 03, 2018 2:48 pm

Hi everyone,

The question "Date the job was created" on the online appliaction, should this be the start date of the emoployee?

thanks

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Re: Date of Job creation on online form

Post by CULLINAN » Mon Dec 03, 2018 3:01 pm

Cynthiawills wrote:
Mon Dec 03, 2018 2:48 pm
Hi everyone,

The question "Date the job was created" on the online appliaction, should this be the start date of the emoployee?

thanks
That would be the date when that “job” was created.
If for example, employee A was hired when that job was created then yes. Online form will ask you about employee start date in next question
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Re: Various questions relating to my ILR app

Post by Cynthiawills » Mon Dec 03, 2018 4:03 pm

thanks but what's the difference though?

Eg the Job Vacany was created before the employee start date so can I use the date the company realised i need the role was required? or should i use the Tier 1 entension approval date
thanks

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Re: Various questions relating to my ILR app

Post by aman90 » Mon Dec 03, 2018 5:47 pm

Cynthiawills wrote:
Mon Dec 03, 2018 4:03 pm
thanks but what's the difference though?

Eg the Job Vacany was created before the employee start date so can I use the date the company realised i need the role was required? or should i use the Tier 1 entension approval date
thanks
That would be fine too! Usually a job demand is created before and then an employee is hired to perform it. But it’s not important, you can use either dates! See your suitability!
If the JOB was created after extension approval then you ll obviously have to use that date!

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Re: Various questions relating to my ILR app

Post by CULLINAN » Mon Dec 03, 2018 9:41 pm

Cynthiawills wrote:
Mon Dec 03, 2018 4:03 pm
thanks but what's the difference though?

Eg the Job Vacany was created before the employee start date so can I use the date the company realised i need the role was required? or should i use the Tier 1 entension approval date
thanks
After your question, doing some brainstorming, I asked a similar question in my own thread. Please wait for the response and follow that. We both may get the correct answer.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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Re: Various questions relating to my ILR app

Post by Cynthiawills » Wed Dec 05, 2018 12:25 pm

Thanks

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Pre April 2014 employment

Post by Cynthiawills » Thu Dec 06, 2018 11:23 am

Morning all,

I read some post re 12 months employment and need some clarity please.


Details are:

Tier 1 granted - March 2013 - March 2016

Section 3c Period - March 2016 - December 2016

Tier 1 Extension Period - December 2016 - December 2018

questions
1. I had some 3 employees between April 2016 - December 2016 - can I claim for them? All are no longer employed, they were employed during the first grant, but left in April 2016, June 2016 and August 2018 respectively.

2. Does the 12 months rule apply to my application? That is, am I only allowed to claim for the last 12 months December 2017 - December 2018? or can i calim for any employment created during the extension period which is December 2016 - December 2018?

3. Can i mix my employee points (these are employees during the tier 1 extension period) All 3 full time above 120 hours

employee 1 - 13 months
employee 2 - 8 months - April 18 - Nov 18
employee 3 - 4 months - Aug 18 - Nov 18

so employee 1 is job 1 on the online app

and employees 2 and 3 make up the role 2 as they function in the same role.

Is this alowed since employee 3, did not replace employee 2 but rather was employed while employee 2 was still employed and both remain employed?

On the online application form, one must provide details for 2 job roles, so i have added employee 1 as one job and employees 2 and 3 as the job 2. There isnt really a way to just add them as 3 employees and indicate the various months as per the guidance that allows for pre transiitional arrgangements where you could have 1 for 24 months, 4 for 6 months each etc.

So am i okay to state them as job 1 = employee 1 and job 2 = employees 2 and 3

Apologies if I had asked some of the questions below in an old post. I just got really concerned when I read the posts last night becuase if i can only claim for the 12 months then for employee 1 i have probably lost the months between March 2017 - December 2017.

Thank you in advance for your responses.

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Re: Pre April 2014 employment

Post by CULLINAN » Thu Dec 06, 2018 12:52 pm

Cynthiawills wrote:
Thu Dec 06, 2018 11:23 am
Morning all,

I read some post re 12 months employment and need some clarity please.


Details are:

Tier 1 granted - March 2013 - March 2016

Section 3c Period - March 2016 - December 2016

Tier 1 Extension Period - December 2016 - December 2018

questions
1. I had some 3 employees between April 2016 - December 2016 - can I claim for them? All are no longer employed, they were employed during the first grant, but left in April 2016, June 2016 and August 2018 respectively.

You can only claim points for job creation that was AFTER your extension i.e December 2016.

2. Does the 12 months rule apply to my application? That is, am I only allowed to claim for the last 12 months December 2017 - December 2018? or can i calim for any employment created during the extension period which is December 2016 - December 2018?
You have misunderstood the rule. Basically the rule does not apply in your case. The rule is for those whose ILR date is less than 12 months away from extension granted date. In that case they can claim for 12 months immediately before the date of ILR (as your extension was granted in Dec 2016 and your ILR date is Dec 2018 (assuming), this rule does not apply to you
3. Can i mix my employee points (these are employees during the tier 1 extension period) All 3 full time above 120 hours

employee 1 - 13 months
employee 2 - 8 months - April 18 - Nov 18
employee 3 - 4 months - Aug 18 - Nov 18

so employee 1 is job 1 on the online app

and employees 2 and 3 make up the role 2 as they function in the same role.

Is this alowed since employee 3, did not replace employee 2 but rather was employed while employee 2 was still employed and both remain

As you fall under the transitional arrangement you can have multiple jobs as long as you have equivalent of 2 FT jobs that is 104 weeks of FT job minimum of 30 hours a week. I know the online form does not cater for the transitional arrangements but you still should list your employees as three different jobs or employees. Dont combine employee 2 and 3 as the caseworker may only take 120 hours max and diregard the rest then. (I have researched the forum and this is what moderators advised also, as I myself in the same position and this is my personal opinion that you should list your employees as three different employees and three different jobs - if 2 employees did the same kind of job you should still list them as separate employees for example sales assisstant 1, sales assisstant 2, rather than combining the employees. Plus how can you combine Full time employees? Combining employees is for part time jobs if I am correct)

(As I said I am in the same boat but my answer relies on my personal opinion and a search of old threads on this forum)


On the online application form, one must provide details for 2 job roles, so i have added employee 1 as one job and employees 2 and 3 as the job 2. There isnt really a way to just add them as 3 employees and indicate the various months as per the guidance that allows for pre transiitional arrgangements where you could have 1 for 24 months, 4 for 6 months each etc.


So am i okay to state them as job 1 = employee 1 and job 2 = employees 2 and 3

Apologies if I had asked some of the questions below in an old post. I just got really concerned when I read the posts last night becuase if i can only claim for the 12 months then for employee 1 i have probably lost the months between March 2017 - December 2017

Thank you in advance for your responses.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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CULLINAN
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Re: Various questions relating to my ILR app

Post by CULLINAN » Thu Dec 06, 2018 1:04 pm

Infact I have exactly the same situation as you.
I would request other members to please give any input on OP’s case as it would help me also.

Thanks
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Re: Various questions relating to my ILR app

Post by Cynthiawills » Thu Dec 06, 2018 9:45 pm

thanks. please let me know if you get any response.

Regards

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Re: Various questions relating to my ILR app

Post by Cynthiawills » Fri Dec 07, 2018 12:14 am

thank you for your response. I have updated the online form to show

3 different jobs with the various titles for 1 and 2 and 3 differentiated by using XXX1 and XXX 2

I had disregarded an employee I had for 2 months in Sept and Oct (Part time) on the basis that there was no other part time staff to combine that with but now I am wondering if to add that just so that in case it's been looked at as
Employee 1 = 13 months =52 weeks

Employees 2 and 3 = 48 weeks

I could use her 4 weeks to make up the points. would that be allowed? happy to leave her out if the below is absolutely correct


In all of this, I believe that just like you suggested to have the 3 employees and 3 roles differently due to pre april 2014 should be okay. Please can anyone confirm this before I submit.

thanks

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Re: Various questions relating to my ILR app

Post by aman90 » Fri Dec 07, 2018 12:18 am

Tier 11417 has explained it rather well..

Job creation assessed only from extension period.
List 3 jobs
No need to combine emp 2 & 3

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