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T1 Entrepreneur 50k 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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annoyedatukba
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T1 Entrepreneur 50k ILR

Post by annoyedatukba » Thu Oct 04, 2018 10:20 pm

Dear Gurus,

***I have posted this question on the ILR forum, and didn't get a single answer, re-posting again here***

I have a few questions regarding my ILR application and whether I do qualify - My timeline is as follows:

Initial Application 05/11/12
Refusal Letter 15/3/2013
Appeal with 1st Tier Tribunal lodged on 21/03/2013
Appeal allowed & Visa granted on 30/07/2013
BRP Received 18/12/2013

Extension Application sent in 07/12/2016

Refusal Decision received 17/02/2017

Administrative Review sent in on 02/03/2017

Letter for weekly reporting at Beckett house dated 15/03/2017

Refusal decision upheld for AR dated 30/03/2017

Fresh application sent in on 12/04/2017


BRP and documents received 17/11/2017

I hired 2 employees in March 2015 and maintained them until 07/12/2106. and I have had 1 employee since then.

I will have been on this visa for 5 years in December 2018, my questions are:

1. Can I apply for ILR in December 2018, keeping in mind that I have had the extension for only 12 months ?

2. When I applied for my extension application, I had 2 employees for 12 months, so I satisfied that criteria. But then I was kept waiting for a year (during which I maintained 1 employee) before my extension approval came through. I then continued to maintain that employee for a further 12 months after my extension was granted. Does the employment during my wait count towards the 24 months required for ILR? or do the 24 months have to be after the extension was granted?

Thanks in advance guys for all your help

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annoyedatukba
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Re: T1 Entrepreneur 50k ILR

Post by annoyedatukba » Thu Oct 04, 2018 10:51 pm

@Zimba

Sorry just read your post about not posting ILR related questions on here. I tried to delete my post but was unable to.

Sorry once again.

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marcnath
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Re: T1 Entrepreneur 50k ILR

Post by marcnath » Fri Oct 05, 2018 4:56 pm

annoyedatukba wrote:
Thu Oct 04, 2018 10:20 pm
Dear Gurus,

***I have posted this question on the ILR forum, and didn't get a single answer, re-posting again here***

I have a few questions regarding my ILR application and whether I do qualify - My timeline is as follows:

Initial Application 05/11/12
Refusal Letter 15/3/2013
Appeal with 1st Tier Tribunal lodged on 21/03/2013
Appeal allowed & Visa granted on 30/07/2013
BRP Received 18/12/2013

Extension Application sent in 07/12/2016

Refusal Decision received 17/02/2017

Administrative Review sent in on 02/03/2017

Letter for weekly reporting at Beckett house dated 15/03/2017

Refusal decision upheld for AR dated 30/03/2017

Fresh application sent in on 12/04/2017


BRP and documents received 17/11/2017

I hired 2 employees in March 2015 and maintained them until 07/12/2106. and I have had 1 employee since then.

I will have been on this visa for 5 years in December 2018, my questions are:

1. Can I apply for ILR in December 2018, keeping in mind that I have had the extension for only 12 months ?

2. When I applied for my extension application, I had 2 employees for 12 months, so I satisfied that criteria. But then I was kept waiting for a year (during which I maintained 1 employee) before my extension approval came through. I then continued to maintain that employee for a further 12 months after my extension was granted. Does the employment during my wait count towards the 24 months required for ILR? or do the 24 months have to be after the extension was granted?

Thanks in advance guys for all your help
You need to have the 24 month job creation after extension or within 12 months of your application date, whichever works better for you.

In your case, since you have had only 1 employee, you will only have 12 months job creation if you apply in Dec 2018.

The transitional arrangement ends April 2019. So if you are applying after that, you need to have two separate jobs of 12 months each.

Alternatively, you can create two more jobs totalling about 8 months more by March 2019 and apply for your ILR before the transitional arrangement ends
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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annoyedatukba
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Posts: 321
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Re: T1 Entrepreneur 50k ILR

Post by annoyedatukba » Fri Oct 05, 2018 11:23 pm

marcnath wrote:
Fri Oct 05, 2018 4:56 pm
annoyedatukba wrote:
Thu Oct 04, 2018 10:20 pm
Dear Gurus,

***I have posted this question on the ILR forum, and didn't get a single answer, re-posting again here***

I have a few questions regarding my ILR application and whether I do qualify - My timeline is as follows:

Initial Application 05/11/12
Refusal Letter 15/3/2013
Appeal with 1st Tier Tribunal lodged on 21/03/2013
Appeal allowed & Visa granted on 30/07/2013
BRP Received 18/12/2013

Extension Application sent in 07/12/2016

Refusal Decision received 17/02/2017

Administrative Review sent in on 02/03/2017

Letter for weekly reporting at Beckett house dated 15/03/2017

Refusal decision upheld for AR dated 30/03/2017

Fresh application sent in on 12/04/2017


BRP and documents received 17/11/2017

I hired 2 employees in March 2015 and maintained them until 07/12/2106. and I have had 1 employee since then.

I will have been on this visa for 5 years in December 2018, my questions are:

1. Can I apply for ILR in December 2018, keeping in mind that I have had the extension for only 12 months ?

2. When I applied for my extension application, I had 2 employees for 12 months, so I satisfied that criteria. But then I was kept waiting for a year (during which I maintained 1 employee) before my extension approval came through. I then continued to maintain that employee for a further 12 months after my extension was granted. Does the employment during my wait count towards the 24 months required for ILR? or do the 24 months have to be after the extension was granted?

Thanks in advance guys for all your help
You need to have the 24 month job creation after extension or within 12 months of your application date, whichever works better for you.

In your case, since you have had only 1 employee, you will only have 12 months job creation if you apply in Dec 2018.

The transitional arrangement ends April 2019. So if you are applying after that, you need to have two separate jobs of 12 months each.

Alternatively, you can create two more jobs totalling about 8 months more by March 2019 and apply for your ILR before the transitional arrangement ends
Many thanks for your reply. I had kind of understood more or less the same thing when I read the guidance. My solicitor claims otherwise, he has emailed the HO and asked about employment while waiting for a decision and whether or not it counts towards the 24 moth employment. He said they wrote back and said indeed it does! He sent me the email, but I am still doubting it

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CULLINAN
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Re: T1 Entrepreneur 50k ILR

Post by CULLINAN » Fri Oct 05, 2018 11:44 pm

Probably what they meant was that you can count the waiting period only if the date of extension and ILR date is less than 1 year apart but can only go back for 1 year from the date of application so that might include few months of waiting period in a particular case
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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annoyedatukba
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Re: T1 Entrepreneur 50k ILR

Post by annoyedatukba » Fri Oct 05, 2018 11:47 pm

tier11417 wrote:
Fri Oct 05, 2018 11:44 pm
Probably what they meant was that you can count the waiting period only if the date of extension and ILR date is less than 1 year apart but can only go back for 1 year from the date of application so that might include few months of waiting period in a particular case
Thank you for your reply. I will copy and paste the email on to here in the morning.

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annoyedatukba
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Re: T1 Entrepreneur 50k ILR

Post by annoyedatukba » Sat Oct 06, 2018 12:01 am

FYI...this is the the email received from the HO, They are referring to January 2018

Dear XXX,

Thank you for your email.

Yes, the position will be changing from January. The jobs only have to have existed for the last 12 months (or 24 months), not necessarily on the current grant of leave.

Regards,

Business Helpdesk
Status Verification, Enquiries and Checking (SVEC)
Immigration Checking and Enquiry Services (ICES)
UK Visas & Immigration (UKVI), Home Office
https://www.gov.uk/government/organisations/home-office

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CULLINAN
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Re: T1 Entrepreneur 50k ILR

Post by CULLINAN » Sat Oct 06, 2018 12:44 am

I think it is an unclear reply. “not necessarily on the current leave” can partly mean that some of the months can fall into the previous leave as mentioned in my previous post. But in the end we have to follow the guidelines so do not rely on the email anyways.
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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marcnath
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Re: T1 Entrepreneur 50k ILR

Post by marcnath » Sat Oct 06, 2018 8:37 am

annoyedatukba wrote:
Sat Oct 06, 2018 12:01 am
FYI...this is the the email received from the HO, They are referring to January 2018

Dear XXX,

Thank you for your email.

Yes, the position will be changing from January. The jobs only have to have existed for the last 12 months (or 24 months), not necessarily on the current grant of leave.

Regards,

Business Helpdesk
Status Verification, Enquiries and Checking (SVEC)
Immigration Checking and Enquiry Services (ICES)
UK Visas & Immigration (UKVI), Home Office
https://www.gov.uk/government/organisations/home-office
The mail is correct and quite clear. It does clearly state "last 12 months". If you can't go beyond the last 12 months, you can't meet the 24 months requirement.
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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annoyedatukba
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Re: T1 Entrepreneur 50k ILR

Post by annoyedatukba » Sat Oct 06, 2018 10:55 am

Thanks for your reply guys, I guess it is open for interpretation in this case.

But I have a feeling like you said in an earlier post that it will be 12 / 24 months after the BRP was issued. Whoch means that I can't apply before this time next year anyway

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annoyedatukba
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Re: T1 Entrepreneur 50k ILR

Post by annoyedatukba » Sat Oct 06, 2018 11:01 am

tier11417 wrote:
Fri Oct 05, 2018 11:44 pm
Probably what they meant was that you can count the waiting period only if the date of extension and ILR date is less than 1 year apart but can only go back for 1 year from the date of application so that might include few months of waiting period in a particular case
But why would the date of the extension and ILR be less than 1 year apart? Why would that ever be the case. Once your extension is approved you will automatically get 2 years anyway... right?

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annoyedatukba
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Re: T1 Entrepreneur 50k ILR

Post by annoyedatukba » Sat Oct 06, 2018 11:03 am

marcnath wrote:
Sat Oct 06, 2018 8:37 am
annoyedatukba wrote:
Sat Oct 06, 2018 12:01 am
FYI...this is the the email received from the HO, They are referring to January 2018

Dear XXX,

Thank you for your email.

Yes, the position will be changing from January. The jobs only have to have existed for the last 12 months (or 24 months), not necessarily on the current grant of leave.

Regards,

Business Helpdesk
Status Verification, Enquiries and Checking (SVEC)
Immigration Checking and Enquiry Services (ICES)
UK Visas & Immigration (UKVI), Home Office
https://www.gov.uk/government/organisations/home-office
The mail is correct and quite clear. It does clearly state "last 12 months". If you can't go beyond the last 12 months, you can't meet the 24 months requirement.
Yes, but it clearly states the last 12 months (OR 24) - which could mean that If I had 1 employee for the 12 months during which I waited for my extension approval and then the same employee for a further 12 months since the approval - then this would satisfy the 24 month period they are referring to.

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CULLINAN
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Re: T1 Entrepreneur 50k ILR

Post by CULLINAN » Sat Oct 06, 2018 11:54 am

annoyedatukba wrote:
Sat Oct 06, 2018 11:01 am
tier11417 wrote:
Fri Oct 05, 2018 11:44 pm
Probably what they meant was that you can count the waiting period only if the date of extension and ILR date is less than 1 year apart but can only go back for 1 year from the date of application so that might include few months of waiting period in a particular case
But why would the date of the extension and ILR be less than 1 year apart? Why would that ever be the case. Once your extension is approved you will automatically get 2 years anyway... right?

date of extension and the date when you qualify for ILR. Like in my case my initial visa was approved in Jan 14 and I applied for extension is DEC 16 but got extension in Apr 18. I qualify for ILR in dec 18 which is less than 1 year apart but ofcourse the extension is granted for 2 years Apr 2020.
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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annoyedatukba
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Re: T1 Entrepreneur 50k ILR

Post by annoyedatukba » Sat Oct 06, 2018 1:49 pm

tier11417 wrote:
Sat Oct 06, 2018 11:54 am
annoyedatukba wrote:
Sat Oct 06, 2018 11:01 am
tier11417 wrote:
Fri Oct 05, 2018 11:44 pm
Probably what they meant was that you can count the waiting period only if the date of extension and ILR date is less than 1 year apart but can only go back for 1 year from the date of application so that might include few months of waiting period in a particular case
But why would the date of the extension and ILR be less than 1 year apart? Why would that ever be the case. Once your extension is approved you will automatically get 2 years anyway... right?

date of extension and the date when you qualify for ILR. Like in my case my initial visa was approved in Jan 14 and I applied for extension is DEC 16 but got extension in Apr 18. I qualify for ILR in dec 18 which is less than 1 year apart but ofcourse the extension is granted for 2 years Apr 2020.
Ah got it, your case is in a way similar to mine in terms of wait times. Thank you for your response.

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