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Job Creation For ILR

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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natsha
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Job Creation For ILR

Post by natsha » Tue Nov 07, 2017 10:11 pm

HI All,

I got my Tier 1E Extension yesterday now I have very imp question.

Applied on 01/1/2017
Fee deducted 05/01/2017
Bio metric Letter Received 12/03/2017.
Bio metric submitted 20/03/2017
Complex Letter: 20/6/17
Online status: Still awaiting decision (even today)
IHS partial refund not received
BRP Received 03/11/2017
Document Received 05/11/17.

I have keep my 3 job during my application HO. NOW confused about job creation for ILR, I need to create two more job after approved 1/11/2017? or can i claim point during my application 1/1/2017 to 05/11/2017 9 months?

Thanks.

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zimba
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Re: Job Creation For ILR

Post by zimba » Tue Nov 07, 2017 10:14 pm

Only the employment periods after extension approval count towards ILR
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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Re: Job Creation For ILR

Post by marcnath » Tue Nov 07, 2017 10:14 pm

You need to have the equivalent of two full time jobs after the grant of your extension - i.e. after 1/11/17 or whatever the date on your BRP is.
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.

natsha
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Re: Job Creation For ILR

Post by natsha » Tue Nov 07, 2017 10:21 pm

Thanks for answer.
Can I create 4 jobs for 6 month? Because my first approval was on brp 10-april-2014. Applied in march 2014.

Thanks

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zimba
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Re: Job Creation For ILR

Post by zimba » Tue Nov 07, 2017 10:25 pm

Yes. The Tier 1E guide says:
If you successfully applied to enter the route 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):

• one worker for 24 months;
• one worker for 6 months and one for 18 months;
• 4 workers for 6 months each.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

10020132
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Re: Job Creation For ILR

Post by 10020132 » Wed Nov 08, 2017 3:44 am

zimba88 wrote:
Tue Nov 07, 2017 10:14 pm
Only the employment periods after extension approval count towards ILR
Correct me if I am wrong as I don't agree with you
What I think is that your employment requirement hours are NOT counted after extension rather they are counted backwards for two years before you completing 5 years on your visa
So assuming his original visa started on 1Jan 2014, then he can apply for ILR on 1Jan2019 ans hence his last two years for employment will be counted from 1 Jan2017 onwards

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marcnath
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Re: Job Creation For ILR

Post by marcnath » Wed Nov 08, 2017 6:43 am

10020132 wrote:
Wed Nov 08, 2017 3:44 am
zimba88 wrote:
Tue Nov 07, 2017 10:14 pm
Only the employment periods after extension approval count towards ILR
Correct me if I am wrong as I don't agree with you
What I think is that your employment requirement hours are NOT counted after extension rather they are counted backwards for two years before you completing 5 years on your visa
So assuming his original visa started on 1Jan 2014, then he can apply for ILR on 1Jan2019 ans hence his last two years for employment will be counted from 1 Jan2017 onwards
You are wrong.
The rules are clear that it is job created AFTER the last grant.
Please provide any reference from the immigration rules or guidance that supports your approach, if you have that.
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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zimba
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Re: Job Creation For ILR

Post by zimba » Wed Nov 08, 2017 11:48 am

10020132 wrote:
Wed Nov 08, 2017 3:44 am
zimba88 wrote:
Tue Nov 07, 2017 10:14 pm
Only the employment periods after extension approval count towards ILR
Correct me if I am wrong as I don't agree with you
What I think is that your employment requirement hours are NOT counted after extension rather they are counted backwards for two years before you completing 5 years on your visa
So assuming his original visa started on 1Jan 2014, then he can apply for ILR on 1Jan2019 ans hence his last two years for employment will be counted from 1 Jan2017 onwards
Where do you get this backwards counting from ?? There is no such rule.
In appendix A of immigrations rules under table 6, it very clearly says that the job creation requirement always applies to the most recent period of the leave:
Where the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months during the most recent grant of leave.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Hassan Rasheed
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Re: Job Creation For ILR

Post by Hassan Rasheed » Thu Nov 09, 2017 10:49 pm

I want to correct Zimba and other friends on this forum,Please read at ILR application form Set (O) version 10/2017 Page40. Read below paragraph explain you exact requirement for 2job creation.

''Part B - Created two full time equivalent posts
During your period of leave as an Tier 1 (Entrepreneur), you must have created 2 full time jobs for 12 months each across your business(es). If you created 2 jobs in your initial application, you may use these jobs to claim points for settlement, if they were maintained for at least 12 months during your extension period of leave. Alternatively, if the jobs you created during your initial period of leave no longer exist, you can create 2 more in your extension period of leave, and claim points for them, if they exist for at least 12 months''

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zimba
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Re: Job Creation For ILR

Post by zimba » Fri Nov 10, 2017 11:43 am

Hassan Rasheed wrote:
Thu Nov 09, 2017 10:49 pm
I want to correct Zimba and other friends on this forum,Please read at ILR application form Set (O) version 10/2017 Page40. Read below paragraph explain you exact requirement for 2job creation.

''Part B - Created two full time equivalent posts
During your period of leave as an Tier 1 (Entrepreneur), you must have created 2 full time jobs for 12 months each across your business(es). If you created 2 jobs in your initial application, you may use these jobs to claim points for settlement, if they were maintained for at least 12 months during your extension period of leave. Alternatively, if the jobs you created during your initial period of leave no longer exist, you can create 2 more in your extension period of leave, and claim points for them, if they exist for at least 12 months''
You are not correcting anything. How is what it says on the form contradicts with what I said above ?!
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

PeterLove2008
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Re: Job Creation For ILR

Post by PeterLove2008 » Thu Dec 07, 2017 3:25 pm

Hassan Rasheed wrote:
Thu Nov 09, 2017 10:49 pm
I want to correct Zimba and other friends on this forum,Please read at ILR application form Set (O) version 10/2017 Page40. Read below paragraph explain you exact requirement for 2job creation.

''Part B - Created two full time equivalent posts
During your period of leave as an Tier 1 (Entrepreneur), you must have created 2 full time jobs for 12 months each across your business(es). If you created 2 jobs in your initial application, you may use these jobs to claim points for settlement, if they were maintained for at least 12 months during your extension period of leave. Alternatively, if the jobs you created during your initial period of leave no longer exist, you can create 2 more in your extension period of leave, and claim points for them, if they exist for at least 12 months''
Sumba88 was right. The key word from above quote is “ during your extension period of leave”.

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zimba
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Re: Job Creation For ILR

Post by zimba » Fri Dec 08, 2017 4:13 pm

From 11 Jan 2018, you can include the time spent waiting for extension ONLY AND ONLY IF you were granted extension less than 12 months from the date of your ILR application.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Ali7770
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Pakistan

Re: Job Creation For ILR

Post by Ali7770 » Wed Dec 13, 2017 1:13 am

zimba88 wrote:
Fri Dec 08, 2017 4:13 pm
From 11 Jan 2018, you can include the time spent waiting for extension ONLY AND ONLY IF you were granted extension less than 12 months from the date of your ILR application.
hello Zimba88.

hope you doing good.

still confusing me the statement "less than 12 months"

what does it mean? they are giving us 2 years extension. so why less than 12 months.

sorry to ask again.
thanks

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marcnath
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Re: Job Creation For ILR

Post by marcnath » Wed Dec 13, 2017 2:48 am

Ali7770 wrote:
Wed Dec 13, 2017 1:13 am
zimba88 wrote:
Fri Dec 08, 2017 4:13 pm
From 11 Jan 2018, you can include the time spent waiting for extension ONLY AND ONLY IF you were granted extension less than 12 months from the date of your ILR application.
hello Zimba88.

hope you doing good.

still confusing me the statement "less than 12 months"

what does it mean? they are giving us 2 years extension. so why less than 12 months.

sorry to ask again.
thanks
The period of the extension grant is 2 years.

..granted extension less than 12 months from the date of your ILR application..

You misunderstood Zimba's post.

The 12 months refer to time between the date of extension grant and the ILR application date. This period is almost always less than two years.
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.

Ali7770
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Pakistan

Re: Job Creation For ILR

Post by Ali7770 » Thu Dec 14, 2017 2:10 am

marcnath wrote:
Wed Dec 13, 2017 2:48 am
Ali7770 wrote:
Wed Dec 13, 2017 1:13 am
zimba88 wrote:
Fri Dec 08, 2017 4:13 pm
From 11 Jan 2018, you can include the time spent waiting for extension ONLY AND ONLY IF you were granted extension less than 12 months from the date of your ILR application.
hello Zimba88.

hope you doing good.

still confusing me the statement "less than 12 months"

what does it mean? they are giving us 2 years extension. so why less than 12 months.

sorry to ask again.
thanks
The period of the extension grant is 2 years.

..granted extension less than 12 months from the date of your ILR application..

You misunderstood Zimba's post.

The 12 months refer to time between the date of extension grant and the ILR application date. This period is almost always less than two years.
Hello Marcnath.

Thanks for clarification.

I understand now.

God bless you

Regards

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