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Have I fulfilled 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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spikky
Junior Member
Posts: 69
Joined: Tue Feb 11, 2014 1:16 am

Have I fulfilled Job creation for ILR?

Post by spikky » Sat Dec 15, 2018 6:33 pm

Hello,

I have a question if I've completed Job creation.

Initial grant - March 2014 (Transitional job creation arrangement applies)
Extension applied - March 2017
Extension granted after 1 year - March 2018

So from March 2014 to March 2019 I complete 5 years.

During the waiting period for extension, I had two employees as follows they continued.
Employee 1 - March 2017 - June 2018 - 15 months
Employee 2 - March 2017 - September 2017 - 6 months
Employee 3 - Recent hire - Dec 2018 - hopefully stays till Feb/March 2018

Please can someone advise, if I can apply for ILR using this job creation by March 2019 when I complete 5 years since initial grant? As you can see a chunk of job creation was during waiting period for extension.

I've read on this forum conflicting advice that any job created during waiting period will not be counted and only jobs created after grant of extension will be taken into consideration.

I've also noted from new guidance that Transitional arrangement will cease after April 2019.

Any advice?

Regards,

Spikky
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marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Have I fulfilled Job creation for ILR?

Post by marcnath » Sat Dec 15, 2018 7:36 pm

spikky wrote: ↑
Sat Dec 15, 2018 6:33 pm
 Hello,

I have a question if I've completed Job creation.

Initial grant - March 2014 (Transitional job creation arrangement applies)
Extension applied - March 2017
Extension granted after 1 year - March 2018

So from March 2014 to March 2019 I complete 5 years.

During the waiting period for extension, I had two employees as follows they continued.
Employee 1 - March 2017 - June 2018 - 15 months
Employee 2 - March 2017 - September 2017 - 6 months
Employee 3 - Recent hire - Dec 2018 - hopefully stays till Feb/March 2018

Please can someone advise, if I can apply for ILR using this job creation by March 2019 when I complete 5 years since initial grant? As you can see a chunk of job creation was during waiting period for extension.

I've read on this forum conflicting advice that any job created during waiting period will not be counted and only jobs created after grant of extension will be taken into consideration.

I've also noted from new guidance that Transitional arrangement will cease after April 2019.

Any advice?

Regards,

Spikky
You can only use employment after extension grant. The only exception is if your ILR application is within 12 months of extension grant, which is not your case.

So, you will be far short of the job creation requirements.

Given that you are unlikely to meet the requirements before April, you will have to show two jobs of 12 months each.
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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spikky
Junior Member
Posts: 69
Joined: Tue Feb 11, 2014 1:16 am

Re: Have I fulfilled Job creation for ILR?

Post by spikky » Sat Dec 15, 2018 8:29 pm

Thanks. However, I was granted extension on March 27 2018 and I complete 5 years on March 14, 2019. So does that make my ILR application count as being 'within' 12 months since extension granted if I apply in 2nd week of March 2019?
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marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Have I fulfilled Job creation for ILR?

Post by marcnath » Sat Dec 15, 2018 8:53 pm

spikky wrote: ↑
Sat Dec 15, 2018 8:29 pm
 Thanks. However, I was granted extension on March 27 2018 and I complete 5 years on March 14, 2019. So does that make my ILR application count as being 'within' 12 months since extension granted if I apply in 2nd week of March 2019?
Yes, it does. But even then, you can only take in the job creation 12 months before your ILR application date. So it does not help much.

If you apply on Feb 14, 2019 (28 days before you complete 5 years), you can use the job creation from Feb 15, 2018 to Feb 14, 2019. So it does not change your situation very much. You get one extra month for Employee 1, but that's it
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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spikky
Junior Member
Posts: 69
Joined: Tue Feb 11, 2014 1:16 am

Re: Have I fulfilled Job creation for ILR?

Post by spikky » Sat Dec 15, 2018 8:56 pm

Ok thanks very much. That makes it crystal clear.

Regards,

Spikky.
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