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Jonny_Carol wrote: ↑Mon Jan 21, 2019 11:20 pmHi gurus,
Please I need help urgently.
I entered T1E route in December 2013. Employed two people for about 16 months then applied for an extension in November 2016. However, my extension was initially refused in March 2017. I then applied for AR within 14 days but HO maintained their decision to refuse.
So, I made another application 1st week of April 2017 within 14 days of AR and was finally granted extension in October 2017.
One of my employees left in April 2017 (immediately after AR) and have since maintained the other employee since joining the company in 2015.
My questions are as follows:
1. Am I qualify for my 5 year settlement since December 2018 and can apply now given I my application refused and went for AR before making a 2nd fresh application? You are eligible to apply 28 days before the 5th Anniversary of your initial visa date so yes Dec 2018 regardless of the refusal first as you were covered by section 3c so your continuous residence did not break. However, given if you meet job creation requirements.
2. If Yes to (1), since I entered the route before April 6, 2014 and have maintained one of the employees since joining (in 2015), am I qualify for the required 24 months according to page 105 of the guidance or I have to wait till October 2019 when the extension was granted? This is where I am really confused because I dont know when to start counting the 24 months as the employee have continuously been with my company since 2015. You can only count job creation AFTER extension. As you fall under transitional arrangements, you can benefit from them ONLY IF you apply before 6th April 2019. If you apply before 6th April 2019, you need to show 104 weeks or 24 months of FT employment in any combination of jobs or employees. So you have around 16 months of employment. You can only meet this requirement if you hire additional 3 employees to make up for the rest of 8 months
If not, then you would have to wait till you have 2 FT jobs for 12 months each. You can count 1 job since Oct 2017. But then you need 1 more job that will last 12 months. You are struggling here now as Oct 2019 is only 10 months away.
There is another member, however, in a similar situation who is possibily relying or atleast seeking confirmation if he can use 1 employee (the same employee) for 2 different jobs that last 12 months each changing their job title. I am not sure if that is an option as the guidance doesnot say anything about it.
I would like other senior members to advice on this case as personally I think OP has short of time if he goes for post transitional scenerio and even looking tough if he has to hire 3 additional employees to catch up before transitional arragement ends.
What do you say aman?
Please advise
Yes...I wish there was a provision for “exceptional harsh consequences” for transitional arrangement applicants as there was for the absences rule last year.
Why did you not mention it before?? You can claim all employment after your extension so yes. We cant really advice if we dont know the exact dates. You need 104 weeks of FT employment so you can use a date calculator to count.Jonny_Carol wrote: ↑Tue Jan 22, 2019 10:41 amI meant July to October 2018 (not 2017). My mistake.
Please Aman, T11417, Zimba, CR001 and gurus what do you think?
I hope you also read the guidance closely and the student has no work restrictions.Jonny_Carol wrote: ↑Tue Jan 22, 2019 4:53 pmThanks T11417.
I initially didn't consider it as my question was to find out if I could use just 1 employee that's started with my company since inception.
And secondly to find out how to count the 24 months. However when you both opened my eyes to other things I haven't considered, it was then I began to think of what to do.
Thanks again for your advice.
My next move is to get in touch with the Student and accepted his request to work full time for another 2 months - that'd be a win win for both of us.
Again, I am so grateful for your advice
The OP did state the student was British!!aman90 wrote: ↑Wed Jan 23, 2019 1:35 amI hope you also read the guidance closely and the student has no work restrictions.Jonny_Carol wrote: ↑Tue Jan 22, 2019 4:53 pmThanks T11417.
I initially didn't consider it as my question was to find out if I could use just 1 employee that's started with my company since inception.
And secondly to find out how to count the 24 months. However when you both opened my eyes to other things I haven't considered, it was then I began to think of what to do.
Thanks again for your advice.
My next move is to get in touch with the Student and accepted his request to work full time for another 2 months - that'd be a win win for both of us.
Again, I am so grateful for your advice
It isn't even a long thread, only 13 posts. I managed to see the British student reference in earlier post on my mobile phone while on the tube
superwoman