What is most recent grant of leave for ILR and job creation point

marcnath wrote: ↑

Thu Dec 13, 2018 10:54 pm

samba123 wrote: ↑

Thu Dec 13, 2018 10:13 pm

OK, The policy guidance I am referring to \, you can that in the table E, The Job Creation Table.
It clearly states that You must: Maintain the 2 jobs created in your initial leave for a further 12 months, or Create 2 more jobs which exist for 12 months if the 2 jobs created during your
initial period of leave have ceased to exist. Can you please help to clear the key point in this discussion that how can we spread those 12 months period after extension application after 3 years initial leave. Furthermore, as per Entrepreneur visa rules, the policy is very clear and obvious that you get initial 3 years and then get further 2 years extension, and after completing 5 years in total you can apply for settlement. Can you give a reference that explains that your further leave after the initial period will start after extension? If that is the case, not a single application can apply for settlement after completing 5 years. For example, if a decision of extension application is made in a years time then total period on this for settlement will be minimum 6 years.

I think I tried to explain it a few times but clearly it is not getting through.
First, 5 years is the MINIMUM qualifying period for ILR. There is no rule that you need to apply immediately upon reaching 5 years. Plenty of people apply well after 5 years for various reason. Some may have a second or third extension before applying for ILR if they have heavy travel or do not complete LIUK - all of that is ok.
Now, let me try to give some examples.
Case 1
Applicant A gets initial visa on 1/1/2014.
Applies for extension on 31/12/2016
Gets extension on 1/12/2018 (almost two years later).
Has employed two people throughout.
A can apply for ILR on 4/12/2018 (28 days before qualifying) in exactly 5 years. As per the rules A can use jobs created 12 months before application date (from 5/12/2017 to 4/12/2018) even if that falls in the waiting period.

Case 2
Applicant B gets initial visa on 1/1/2014.
Applies for extension on 31/12/2016
Gets extension on 1/2/2018 (13 months later).
Has employed two people throughout.
A can apply for ILR on 4/12/2018 (28 days before qualifying) in exactly 5 years. As per the rules A can use jobs created 12 months before application date (from 5/12/2017 to 4/12/2018) even if part of that falls in the waiting period.

Case 2
Applicant C gets initial visa on 1/1/2014.
Applies for extension on 31/12/2016
Gets extension on 1/2/2018 (13 months later).
His employees left on 30/6/2018.
A cannot apply for ILR on 4/12/2018 as two jobs DO NOT exist between 5/12/2017 and 4/12/2018. Jobs before 5/12/2017 cannot be counted. C would now need to apply for ILR whenever the job requirement, which will probably after C fills those jobs for 7 months more each (as 5 months after extension is available)

Hope that makes it clear.

elvaye wrote: ↑

Fri Dec 14, 2018 11:38 am

Thank you so much Marcnath, I was wondering if I can add three jobs together to reach their requirement?
coz I checked the guidelines last night, it said that

"Pre 6 April 2014 transitional arrangement- job creation
If you successfully applied to enter and have continually remained in the route since 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 for):
• 1 worker for 24 months
• 1 worker for 6 months and one for 18 months
• 4 workers for 6 months each"

which doesn't apply I can create 3 workers, 1 for 12 months, 1 for 11 months and 1 for 1month.(which gonna be my case if I insist to apply on the 20/03/2018)
Please give advice again, thank you for your patience.