ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
Jonny_Carol
Newly Registered
Posts: 12
Joined: Mon Jan 21, 2019 10:20 pm
Canada

Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by Jonny_Carol » Mon Jan 21, 2019 11:20 pm

Hi 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?

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.

Please advise

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by CULLINAN » Mon Jan 21, 2019 11:49 pm

Jonny_Carol wrote:
Mon Jan 21, 2019 11:20 pm
Hi 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
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by CULLINAN » Tue Jan 22, 2019 12:44 am

Correction:

Given your current situation, actually you would have to hire 3** more employees for atleast 2 months each to make up for 6 months if you want to apply before 6th April 2019 as the transitional arrangements end then to fulfill your 24 months. You currently only have 16 months of FT employment with 1 employee since Oct 2017 - Jan 2019 but you will have 18 months till April 2019.

However, I dont see how you can create another JOB for 12 months before Oct 2019 now if you apply after transitional arrangement ends.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
aman90
Diamond Member
Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by aman90 » Tue Jan 22, 2019 2:51 am

It’s really unfortunate that transitional arrangements termination affects so so many applicants who’ve not kept them selves up to date with changes to the rules.

Though you qualify for continuous period u are challenged by the job creation evidence.

What’s the date of extension approval?

You will need atleast 2 FT employees immediately.
Apply by 5th April 2019 on the dot for transitional arrangement consideration.
Send RTI FPS and payslips of APRIL and MAY 2019.
As this is a change that is gonna affect many applicants there is a possibility of some discretion.
And in the past applicants have been successful sending in job evidence after applying of upcoming month(s).
Fingers crossed ur caseworker considers the evidence to the date of decision.

In any case you’ll have to extend ur tier1 by OCT 2019 which shall cost too so you could consider taking a chance on ILR now..

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by CULLINAN » Tue Jan 22, 2019 3:06 am

Thanks aman. Yes it’s unfortunate that OP is caught up in a worse situation than he initially was worried off. Hope he comes out of it successfully.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
aman90
Diamond Member
Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by aman90 » Tue Jan 22, 2019 4:37 am

tier11417 wrote:
Tue Jan 22, 2019 3:06 am
Thanks aman. Yes it’s unfortunate that OP is caught up in a worse situation than he initially was worried off. Hope he comes out of it successfully.
Yes...I wish there was a provision for “exceptional harsh consequences” for transitional arrangement applicants as there was for the absences rule last year.

Jonny_Carol
Newly Registered
Posts: 12
Joined: Mon Jan 21, 2019 10:20 pm
Canada

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by Jonny_Carol » Tue Jan 22, 2019 10:33 am

Thanks Aman and T11417 for these advices. It's really appreciated.

I employed a British student briefly for 4 months on a full time basis between July - Oct 2017 and left for further study. He approached me this year for another 2 months placement but I objected to it as it's only going to be for two.

Do you think I might have a good chance if I reconsider him?

Jonny_Carol
Newly Registered
Posts: 12
Joined: Mon Jan 21, 2019 10:20 pm
Canada

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by Jonny_Carol » Tue Jan 22, 2019 10:41 am

I meant July to October 2018 (not 2017). My mistake.

Please Aman, T11417, Zimba, CR001 and gurus what do you think?

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by CULLINAN » Tue Jan 22, 2019 11:35 am

Jonny_Carol wrote:
Tue Jan 22, 2019 10:41 am
I meant July to October 2018 (not 2017). My mistake.

Please Aman, T11417, Zimba, CR001 and gurus what do you think?
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.

Roughly assuming application date 5th April 2019 (that is the lastest you have to apply):
Employee 1 6th Oct 2017 (assuming as this date should be after extension) - 5th April 2019 will be 18 months.

Employee 2: 4 months as you said

Total till April 2019 22 months

Yes if you employee 1 employee for another 2 months you look good now and can do it to make up your 24 months.

Note: You have to check you have 104 weeks 30hours min per week with exact dates as the above is just an example.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by CULLINAN » Tue Jan 22, 2019 11:44 am

Total you will have 22 months till April 2019 with your employee 1 and employee 2** who has left including his 4 months.
So if you can hire additional employee for 2 months that will be your saviour.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Jonny_Carol
Newly Registered
Posts: 12
Joined: Mon Jan 21, 2019 10:20 pm
Canada

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by Jonny_Carol » Tue Jan 22, 2019 4:53 pm

Thanks 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

User avatar
aman90
Diamond Member
Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by aman90 » Wed Jan 23, 2019 1:35 am

Jonny_Carol wrote:
Tue Jan 22, 2019 4:53 pm
Thanks 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
I hope you also read the guidance closely and the student has no work restrictions.

User avatar
CR001
Moderator
Posts: 86822
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by CR001 » Wed Jan 23, 2019 7:36 am

aman90 wrote:
Wed Jan 23, 2019 1:35 am
Jonny_Carol wrote:
Tue Jan 22, 2019 4:53 pm
Thanks 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
I hope you also read the guidance closely and the student has no work restrictions.
The OP did state the student was British!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
aman90
Diamond Member
Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by aman90 » Wed Jan 23, 2019 3:36 pm

😂.. mobile viewing limits reading a long thread.

User avatar
CR001
Moderator
Posts: 86822
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by CR001 » Wed Jan 23, 2019 3:38 pm

aman90 wrote:
Wed Jan 23, 2019 3:36 pm
😂.. mobile viewing limits reading a long thread.
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 :wink:
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months

Post by CULLINAN » Wed Jan 23, 2019 3:49 pm

CR001 wrote:
Wed Jan 23, 2019 3:38 pm
aman90 wrote:
Wed Jan 23, 2019 3:36 pm
😂.. mobile viewing limits reading a long thread.
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 :wink:
superwoman 😉
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Locked
cron