ILR Employee Requirements

ent46 · Post by **ent46** » Wed Nov 08, 2017 3:22 pm

HI

I will be completing my Tier 1 Entreprenuer extension period soon , I understand that the next step will be ILR , could anyone please tell me what requirements are their for employees.

I had to create 2 more jobs in addition to the twos that I already had when I applied for extension or can I show those original two employees again which are still working ??

Best Regards
Ankit

marcnath · Post by **marcnath** » Wed Nov 08, 2017 3:38 pm

ent46 wrote: ↑
Wed Nov 08, 2017 3:22 pm
HI

I will be completing my Tier 1 Entreprenuer extension period soon , I understand that the next step will be ILR , could anyone please tell me what requirements are their for employees.

I had to create 2 more jobs in addition to the twos that I already had when I applied for extension or can I show those original two employees again which are still working ??

Best Regards
Ankit

If they have continued to work during your extension period that will be sufficient. It is 2 jobs created or maintained

ent46 · Post by **ent46** » Wed Nov 08, 2017 3:46 pm

Thanks for your prompt reply .

One more query :

One employee has worked 16 hours per week from since I applied for extension and got one, so her hours are

16hrs*104 weeks = 1664 hours . Does She count as one full time employment

Best Regards

zimba · Post by **zimba** » Wed Nov 08, 2017 4:36 pm

You can only count the period AFTER the extension approval.
How did you employee work for 104 weeks during extension period given that the extension is issued only for max of two years ?!

ent46 · Post by **ent46** » Wed Nov 08, 2017 5:19 pm

zimba88 wrote: ↑
Wed Nov 08, 2017 4:36 pm
You can only count the period AFTER the extension approval.
How did you employee work for 104 weeks during extension period given that the extension is issued only for max of two years ?!

It will be when I apply for extension soon, Does that count as initially queried.

Thanks

zimba · Post by **zimba** » Wed Nov 08, 2017 5:31 pm

I am confused at what you are asking

I said you can ONLY score points for the periods of employment created/maintained AFTER extension approval date.

marcnath · Post by **marcnath** » Wed Nov 08, 2017 5:34 pm

ent46 wrote: ↑
Wed Nov 08, 2017 3:46 pm
Thanks for your prompt reply .

One more query :

One employee has worked 16 hours per week from since I applied for extension and got one, so her hours are

16hrs*104 weeks = 1664 hours . Does She count as one full time employment

Best Regards

I am assuming that this 104 weeks is all the way to your ILR application.
Whether this is acceptable is not very clear in the rules.
This would definitely not be acceptable in the post April 2014 route. But since you are pre April 2014, there is some doubts about it.
The rules and guidance always talks about combining 2 part-time jobs, which I interpret as meaning to say one part time job for 24 months is not the same as one full time job. However, there have been others in this forum who have been granted points that way.
So, all I can say is that it will hopefully work.

ent46 · Post by **ent46** » Wed Nov 08, 2017 6:16 pm

marcnath wrote: ↑
Wed Nov 08, 2017 5:34 pm

ent46 wrote: ↑
Wed Nov 08, 2017 3:46 pm
Thanks for your prompt reply .

One more query :

One employee has worked 16 hours per week from since I applied for extension and got one, so her hours are

16hrs*104 weeks = 1664 hours . Does She count as one full time employment

Best Regards
I am assuming that this 104 weeks is all the way to your ILR application.
Whether this is acceptable is not very clear in the rules.
This would definitely not be acceptable in the post April 2014 route. But since you are pre April 2014, there is some doubts about it.
The rules and guidance always talks about combining 2 part-time jobs, which I interpret as meaning to say one part time job for 24 months is not the same as one full time job. However, there have been others in this forum who have been granted points that way.
So, all I can say is that it will hopefully work.

Thanks for your reply , Can anyone else comment on this please ?

zimba · Post by **zimba** » Wed Nov 08, 2017 7:06 pm

That is pretty much outside of what the rules/guide cover. There is no official guidance on whether this will be acceptable, just claims made by few people on the forums that it was accepted for them. You also have not answered my question yet:

zimba88 wrote: ↑
Wed Nov 08, 2017 4:36 pm
How did you employee work for 104 weeks during extension period given that the extension is issued only for max of two years ?!

ent46 · Post by **ent46** » Wed Nov 08, 2017 7:42 pm

Hi
So the employee had been working for the last 4 years with me , so when i apply for visa after completion of 2 years i.e. 104 weeks ( assuming the said employee is still working for me )

Does that answer your query?

Best Regards

zimba · Post by **zimba** » Wed Nov 08, 2017 8:13 pm

Are you going to apply on the last day of your extension for ILR ?? The extension period is only 104 weeks which means you must send proof of work until the last day of your extension period.

ent46 · Post by **ent46** » Thu Nov 09, 2017 3:05 pm

zimba88 wrote: ↑
Wed Nov 08, 2017 8:13 pm
Are you going to apply on the last day of your extension for ILR ?? The extension period is only 104 weeks which means you must send proof of work until the last day of your extension period.

Hi

Thanks for the very valid point, I have had other employees working in the past , so their workdays should make it. I will be posting the application a day before the leave expires , I hope it is still the case that application posted on the last day of leave via registered post for e.g. Royal Mail will count as a valid application . As the payroll runs every 2 weeks , max i will loose out is 2 weeks but I assume that will be fine as I will have the required number of hours.

Best Regards

zimba · Post by **zimba** » Thu Nov 09, 2017 6:05 pm

You need min of 104 weeks. Hours are capped at 30 hours per week.

marcnath · Post by **marcnath** » Thu Nov 09, 2017 6:31 pm

ent46 wrote: ↑
Thu Nov 09, 2017 3:05 pm

zimba88 wrote: ↑
Wed Nov 08, 2017 8:13 pm
Are you going to apply on the last day of your extension for ILR ?? The extension period is only 104 weeks which means you must send proof of work until the last day of your extension period.
Hi

Thanks for the very valid point, I have had other employees working in the past , so their workdays should make it. I will be posting the application a day before the leave expires , I hope it is still the case that application posted on the last day of leave via registered post for e.g. Royal Mail will count as a valid application . As the payroll runs every 2 weeks , max i will loose out is 2 weeks but I assume that will be fine as I will have the required number of hours.

Best Regards

You can run payroll in advance if needed and submit the documents, so you don't have to wait for the last day.

Hassan Rasheed · Post by **Hassan Rasheed** » Thu Nov 09, 2017 11:09 pm

zimba88 wrote: ↑
Wed Nov 08, 2017 5:31 pm
I am confused at what you are asking I said you can ONLY score points for the periods of employment created/maintained AFTER extension approval date.

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 2 Job 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''

ishfaqsangra · Post by **ishfaqsangra** » Fri Nov 10, 2017 6:25 am

They mentioned "extension period of leave" which is being taken from when the extension granted.Not from when the successfull extension application submitted.

zimba · Post by **zimba** » Fri Nov 10, 2017 10:56 am

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 2 Job creation.

What is the correction ??!

Hassan Rasheed · Post by **Hassan Rasheed** » Sat Nov 11, 2017 12:48 am

zimba88 wrote: ↑
Fri Nov 10, 2017 10:56 am

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 2 Job creation.
What is the correction ??!

Please read HO guideline paragraph it explain clearly for ILR there is not condition 2Jobs for 12 months after extension.
2jobs for 12 months can count also if employees continue on job during extension.
So for example if you applied for extension November 2016 and you get visa 2017, Home office took 1 year and meanwhile applicant 5 years completed november 2017. So correction for iLR application 2jobs 12 months after extension rule not apply in this case.

zimba · Post by **zimba** » Sat Nov 11, 2017 1:05 am

There is NO WHERE in the rules or the guide that even suggests such thing and you are unable to demonstrate this while repeating your claims. The rules under Appendix A under table 6 for ILR make it extremely clear that this requirement applies ONLY to the most recent grant of leave. This means that ONLY the extension period is relevant.
Also there is a table in the current Tier 1E guide under item 117 which literally says that for a second extension or 5 year settlement application, The Home Office will assess the employment activity from the extension period of leave.

I really do not know what you are on about

ent46 · Post by **ent46** » Wed Jan 17, 2018 10:04 pm

Hi

Thanks for the questions and reply by Zimba , it does clarify lots of questions , However I would be great full if you can clarify the following for me .

I got initial application approved in 2012 . I assume the condition of job creation meant creating employment hours equivalent to full time employees, and it does not matter how many employees and whether they were full time of part time , but the hours should add up? Please correct me if I am wrong.

1) During my extension period one of the employees that worked intially ( in the first grant of application for 3 years ) has continued to work although part time . So if this employee continues to work for 24 months part time , her hours will be counted as hours for 1 full time employment ? Is that right ?

2) One other employee continued to work for 6 months , full time , so to meet the requirements , I should either have one employee full time for 6 months , or 2 part time employees for 6 months to meet the requirement of job creation ? Is that correct ?

Please reply to the best of your knowledge and Thanks in advance .

Best Regards
Ent46

marcnath · Post by **marcnath** » Wed Jan 17, 2018 10:29 pm

ent46 wrote: ↑
Wed Jan 17, 2018 10:04 pm
I got initial application approved in 2012 . I assume the condition of job creation meant creating employment hours equivalent to full time employees, and it does not matter how many employees and whether they were full time of part time , but the hours should add up? Please correct me if I am wrong.

No, you are only partially correct. It does not matter how many employees and how long they work for, but it is not just that the hours should add up.
The only change between pre and post April 2014 is that after April 2014, you needed to maintain each job for 12 months.
Other conditions such as a full time job being only 30 hrs/week and the requirement to show which part time jobs are combined to make up one full time job remains the same.
For example, if an employee works 45 hrs/week for 4 months, it is NOT 6 months of 30 hrs/week. It is ONLY 4 months.

ent46 wrote: ↑
Wed Jan 17, 2018 10:04 pm
1) During my extension period one of the employees that worked intially ( in the first grant of application for 3 years ) has continued to work although part time . So if this employee continues to work for 24 months part time , her hours will be counted as hours for 1 full time employment ? Is that right ?

This is not clearly defined though there have been cases reported here where HO has calculated it this way. The immigration rules (pre and post April 2014) require that you show which two part time jobs are combined to make one full time job equivalent. So, if you have only one job, you can't show that.
One way of getting around that would be to list the same employee under two jobs (marketing assistant 1 and marketing assistant 2), one for each year and show them as the ones to combine. It is silly but would meet the requirements.

ent46 wrote: ↑
Wed Jan 17, 2018 10:04 pm
2) One other employee continued to work for 6 months , full time , so to meet the requirements , I should either have one employee full time for 6 months , or 2 part time employees for 6 months to meet the requirement of job creation ? Is that correct ?

Correct

CR001 · Post by **CR001** » Thu Jan 18, 2018 8:30 am

ent46 wrote: ↑
Wed Jan 17, 2018 10:04 pm
Hi

Thanks for the questions and reply by Zimba , it does clarify lots of questions , However I would be great full if you can clarify the following for me .

I got initial application approved in 2012 . I assume the condition of job creation meant creating employment hours equivalent to full time employees, and it does not matter how many employees and whether they were full time of part time , but the hours should add up? Please correct me if I am wrong.

1) During my extension period one of the employees that worked intially ( in the first grant of application for 3 years ) has continued to work although part time . So if this employee continues to work for 24 months part time , her hours will be counted as hours for 1 full time employment ? Is that right ?

2) One other employee continued to work for 6 months , full time , so to meet the requirements , I should either have one employee full time for 6 months , or 2 part time employees for 6 months to meet the requirement of job creation ? Is that correct ?

Please reply to the best of your knowledge and Thanks in advance .

Best Regards
Ent46

Kindly desist from digging up 2 year old topics in the Tier 1 Entrepreneur sub forum to post questions about ILR. Your post has been split and merged with your existing ILR topic (this one here).

See Multiple Topics/Posts (click)

See also point 12 in this link (click)

zimba · Post by **zimba** » Thu Jan 18, 2018 12:53 pm

1) During my extension period one of the employees that worked intially ( in the first grant of application for 3 years ) has continued to work although part time . So if this employee continues to work for 24 months part time , her hours will be counted as hours for 1 full time employment ? Is that right ?

You can assume that

2) One other employee continued to work for 6 months , full time , so to meet the requirements , I should either have one employee full time for 6 months , or 2 part time employees for 6 months to meet the requirement of job creation ? Is that correct ?

Yes

ent46 · Post by **ent46** » Thu Jan 18, 2018 4:37 pm

Or can 2 full time employee for less than 6 months , can they fulfil the said criteria?

zimba · Post by **zimba** » Thu Jan 18, 2018 5:51 pm

ent46 wrote: ↑
Thu Jan 18, 2018 4:37 pm
Or can 2 full time employee for less than 6 months , can they fulfil the said criteria?

It does not matter how many employees work for how many months. It is TOTAL of 104 weeks for pre-April 2014 applicants

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