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ishent wrote: ↑Fri Jan 11, 2019 11:03 amHello everyone,
Need some advice regards to ILR job creation. here is my timeline
Initial Grant - 05 March 2014 ( ***before transitional arrangement)
Applied for Extension - 02 March 2017 irrelevant
Extension Approved - 05 May 2018 (After 1 year and 2 months)
:/
My 5 years will be completed by 05 March 2019 , which is in about 2 months time
You can apply within 28 days of your 5th year anniversary
05/03/14 minus 28 days
As I granted my initial visa before the transitional arrangement,
I got my Extension visa approved by showing one employee working for 24 months
So this same employee is still working for me and I made another full time job since August 2019
August 2018? Or August 2017?
May I know if the following statement is true?
According to the new rules if the extension visa took longer, but you meet your ILR date before 12 months from extension approval date (my 12 months completes on 05 May 2019) you can still apply for ILR.
Correct.. sort of
So since my extension applied date to 05 March 2019(date my 5 years completing)
same employee has worked for 2 years
new employee has worked for 7 months
As I am eligible for transitional arrangement for showing 18 months worker and 6 moths worker? Can I apply before they **stop transitional arrangement on 09 April 2019**
6th April 2019. Yes.
Hope you guys will advice me!
Thanks in advance!
You qualify to apply on 5th March 2019 minus 28 days. Since your ILR date will be less than 12 months from extension date you fall under the exception rule.ishent wrote: ↑Fri Jan 11, 2019 11:03 amHello everyone,
Need some advice regards to ILR job creation. here is my timeline
Initial Grant - 05 March 2014 ( ***before transitional arrangement)
Applied for Extension - 02 March 2017
Extension Approved - 05 May 2018 (After 1 year and 2 months)
My 5 years will be completed by 05 March 2019 , which is in about 2 months time
As I granted my initial visa before the transitional arrangement,
I got my Extension visa approved by showing one employee working for 24 months
So this same employee is still working for me and I made another full time job since August 2019. I am assuming this is 5th Aug 2018 as it seems a typo error. Lets say employee 2
May I know if the following statement is true?
According to the new rules if the extension visa took longer, but you meet your ILR date before 12 months from extension approval date (my 12 months completes on 05 May 2019) you can still apply for ILR.
So since my extension applied date to 05 March 2019(date my 5 years completing)
same employee has worked for 2 years
new employee has worked for 7 months
As I am eligible for transitional arrangement for showing 18 months worker and 6 moths worker? Can I apply before they **stop transitional arrangement on 09 April 2019**
Hope you guys will advice me!
Thanks in advance!
ishent wrote: ↑Sun Jan 13, 2019 10:55 am@tier11417 &@aman90 Thanks a lot for replying and clarifying the exact requirement,
*** my second job started on Aug 2018 (it was a mistake and your assumption was right)
Now I have an idea how it works and understand that I either need 2 full time jobs or wait until the second employee hit 12 months. If you apply before April 2019 you need EQUIVALENT of 2 FT jobs in any combination of jobs or employees. You dont need to combine employees as long as you have a total of 104 weeks of FT employment. AFTER April 2019 you need 2 FT “JOBS” that exist 12 months each. employees can come and go but each job should exist 12 months each
Another quick question,
Any job created within the period of waiting for the extension - can I consider them as new or continuous jobs for ILR? Waiting Waiting period only counts in exceptional rule where the date or ILR falls under 12 months of date of extension granted. If that is the case you can go back 12 months from date of ILR (yes some portion will fall under the waiting period in this case)
so the exact question
Continuous jobs - job has existed before the extension and used for job creation points in extension application Dont get confused in this you need 12 months after extension OR 12 months immediately before your date of ILR application IF you fall under the exception rule
New jobs - created after the extension
Because I got one employee worked for me from February 2018 - November 2018 (09 months)
*** I got my extension approved on 05 May 2018, so this job was created before the extension approved
Assume that I apply on 5th April 2019(before transitional ends).
So according to you guys I can claim job creation between 5th April 2018 - 4th April 2019
Can I use the above mentioned vacancy which is no longer existing? Jobd does not have to be active at the date of application so yes you can claim for it
Or the jobs created/started within the period of waiting for extension are not valid?
If they are valid can I claim points as follows? (Assume that I apply on 5th April 2019)
Employee 01 - Continuing since the initial grant - Can Claim for 12 months (April 2018 - April 2019)
Employee 02 - February 2018 - November 2018 - Can Claim for 6 months (April 2018 - November 2018)
Employee 03 - August 2018 - April 2019 - Can Claim for 7 months (August 2018 - April 2019) 8 months??
*** Employee 02 and Employee 03 are different job titles and Employee 02 is no longer working
Sorry for the long question. But this would clarify questions for so many people.
Thanks for your support and waiting for a reply
Your wife can stay on her Tier 1 dependent visa till her own expiry. She has to complete 5 years on her own to qualify for ILR. Assuming she came in August 2018, she will need one more extension on her Tier 1 dependent visa once this one expires.ishent wrote: ↑Mon Jan 14, 2019 10:25 am@tier11417 & @aman90 Thank you very much for the detailed explanation. You guys are super heroes!
Really appreciate for spending time on this and for your point by point clarification.
@aman90
When did you enter UK? 04/06/2010 - As a student -> then PSW, -> then Entrepreneur
Any absences above 180 days in first year? NO
As you guys advised I will be applying my visa on 15 Feb 2019
Another quick one, I know this is off topic- but just asking as it is related to my case.
My wife is with me entered UK as a dependent on August 2019August 2018 I am assuming??, her visa expires same as mine on May 2020.
If I apply for ILR what happens to her?
Does she needs to apply with me again at the same time or can she wait and apply somewhere near May 2020?
Once I got my ILR is her dependent status still valid under the old one?
Thats all guys! not going to trouble you again
Once again thanks you both for your valuable time sorting out my queries.
tier11417 wrote: ↑Mon Jan 14, 2019 11:52 amIf you plan to apply on 15th Feb 2019 (online application date)
you can claim job creation for
15th Feb 2018 - 14th Feb 2019.
You need 104 weeks of FT employment in any combination of employees or jobs during this period.
You have to declare absences for the last 5 years that is your qualifying period. It should be less than 180 days in every year.
No evidence required for absences for Tier 1ishent wrote: ↑Mon Jan 14, 2019 5:31 pmtier11417 wrote: ↑Mon Jan 14, 2019 11:52 amIf you plan to apply on 15th Feb 2019 (online application date)
you can claim job creation for
15th Feb 2018 - 14th Feb 2019.
You need 104 weeks of FT employment in any combination of employees or jobs during this period.
You have to declare absences for the last 5 years that is your qualifying period. It should be less than 180 days in every year.
Thanks again for the reply.
About 180 RULE
I have never been out of the country for more than 180 days (combining all 5 years) - So I am good with that.
Is there any documents I need to send as a proof for that or just the Passport itself is enough?
I think everything else looks OK. hopefully soon everything will pay off
Thanks again for the wonderful help! Means a lot!
As my interpretation from policy guidance ( I’m not sure but one ofe the moderator pleas confirm), even you can claim any job creation after 14th of feb 2019 befor they consider your application, as the policy says you can only claim any job creation during the most recent leave and then says the exception if your most recent leave granted less than 12 months ago you can claim any employment activity during your last 12 months. but it doesn’t say you can only claim any employment during last 12 months, as you have valid visa any job creation after the application date could be acceptable. I’m trying to say that you potentially could claim any job creation during your last 12 months and your most recent leave.
I think this is not true. The Tier 1 guidance uses the word “immediately”. It says:mohsensari wrote: ↑Mon Jan 14, 2019 11:56 pmAs my interpretation from policy guidance ( I’m not sure but one ofe the moderator pleas confirm), even you can claim any job creation after 14th of feb 2019 befor they consider your application, as the policy says you can only claim any job creation during the most recent leave and then says the exception if your most recent leave granted less than 12 months ago you can claim any employment activity during your last 12 months. but it doesn’t say you can only claim any employment during last 12 months, as you have valid visa any job creation after the application date could be acceptable. I’m trying to say that you potentially could claim any job creation during your last 12 months and your most recent leave.
Technically all evidence should be dated upto or before the date of application.mohsensari wrote: ↑Mon Jan 14, 2019 11:56 pmAs my interpretation from policy guidance ( I’m not sure but one ofe the moderator pleas confirm), even you can claim any job creation after 14th of feb 2019 befor they consider your application, as the policy says you can only claim any job creation during the most recent leave and then says the exception if your most recent leave granted less than 12 months ago you can claim any employment activity during your last 12 months. but it doesn’t say you can only claim any employment during last 12 months, as you have valid visa any job creation after the application date could be acceptable. I’m trying to say that you potentially could claim any job creation during your last 12 months and your most recent leave.
I dont know if it is mentioned in the policy guidance, maybe someone else can comment on it. But I suppose this is common sense to apply once you meet all the requirements and have the evidence handy. Why do you want to rely on evidence after the date of application unless you have compelling circumstances to do so?mohsensari wrote: ↑Tue Jan 15, 2019 1:30 am“Technically all evidence should be dated upto or before the date of application.”
Is it anywhere in policy?
ishent wrote: ↑Sun Jan 20, 2019 2:05 pmHey guys one more question. Hope you guys will reply.
So I'm thinking of applying my ILR visa on 15th of Feb.
Assume that for any reason if the visa is refused and even Admin review is refused too - (not going to happen, just want to clarify one thing)
Is my current extension visa which is valid till 04/05/2020 is still valid or is it getting invalid? What will happen to my continuous stay? Can I apply again for Entrepreneur Visa as I will still have 12 months to get all the requirements?
Any refusal will have no impact on your current visa validity.
Because I will be eligible for Long residence(10 years) by 07/05/2020 too (I will be 3 days short for the 28 days rule)
Looking forward to your comments