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No decision on my ILR application - next steps?

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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ekbe01
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ILR application - various questions

Post by ekbe01 » Wed Dec 16, 2020 12:00 pm

Dear Forum,
Thanks so much for all the support over the last several years,

I am applying for ILR in over a year. My previous topic is now locked so I'm creating this one to ask various questions about my application and my company.

1. My business is not required to produce audited accounts so I will be providing unaudited accounts and an accountant compilation report from my accountant.
Question: Will I be required to provide the last accounts only OR will I be providing all accounts over the qualifying 2-year period? I'm perfectly able to prepare this year's accounts (1st out of two) myself and very tempted to save money on an accountant.

2.
The 12 month period they are required to employ someone for can be made up of multiple jobs across different months, providing when combined this is equivalent to 2 full time jobs.
Is it clear how exactly this will be calculated?
If I have one full-time job that lasts for more than 12 months, will I be able to claim it as one job only or (potentially) as more than one job (add up some part-timers that are/were working for me to get an equivalent of 2 full time jobs similar to what it was a long time ago?

Thank you!

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Re: ILR application - various questions

Post by marcnath » Wed Dec 16, 2020 1:30 pm

ekbe01 wrote:
Wed Dec 16, 2020 12:00 pm
Dear Forum,
Thanks so much for all the support over the last several years,

I am applying for ILR in over a year. My previous topic is now locked so I'm creating this one to ask various questions about my application and my company.

1. My business is not required to produce audited accounts so I will be providing unaudited accounts and an accountant compilation report from my accountant.
Question: Will I be required to provide the last accounts only OR will I be providing all accounts over the qualifying 2-year period? I'm perfectly able to prepare this year's accounts (1st out of two) myself and very tempted to save money on an accountant.

2.
The 12 month period they are required to employ someone for can be made up of multiple jobs across different months, providing when combined this is equivalent to 2 full time jobs.
Is it clear how exactly this will be calculated?
If I have one full-time job that lasts for more than 12 months, will I be able to claim it as one job only or (potentially) as more than one job (add up some part-timers that are/were working for me to get an equivalent of 2 full time jobs similar to what it was a long time ago?

Thank you!
1. You only need to submit one set of accounts. It can be any year as long as it shows the full investment.
2. Yes, you can. However note that the relaxation was ".... if the business was affected by Coronavirus ....". So, while I can't comment on what HO will do, if for example both jobs were before Corona virus hit, HO could refuse to accept the flexibility.
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.

ekbe01
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Russia

Re: ILR application - various questions

Post by ekbe01 » Wed Dec 16, 2020 2:41 pm

Thank you, marcnath! All makes sense.
marcnath wrote:
Wed Dec 16, 2020 1:30 pm
2. Yes, you can. However note that the relaxation was ".... if the business was affected by Coronavirus ....". So, while I can't comment on what HO will do, if for example both jobs were before Corona virus hit, HO could refuse to accept the flexibility.
All jobs after the first lockdown, no activity in March-June, limited activity in July-December, graduate increase in the number of hours, so I really hope I’ll be able to explain this.
Thank you again!

ekbe01
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Re: ILR application - various questions

Post by ekbe01 » Mon Dec 28, 2020 6:16 pm

Dear all,
How suspicious is the Home Office of changing the accountant? Sadly, my accountants became rather overpriced, also they became very unapproachable, hardly answer any questions and keep making mistakes so I'm getting a bit tired. Ideally, I'd love to change them but my inner feeling is that this will raise questions from the Home Office.
What would you suggest?
Thank you!

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marcnath
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Re: ILR application - various questions

Post by marcnath » Mon Dec 28, 2020 9:01 pm

ekbe01 wrote:
Mon Dec 28, 2020 6:16 pm
Dear all,
How suspicious is the Home Office of changing the accountant? Sadly, my accountants became rather overpriced, also they became very unapproachable, hardly answer any questions and keep making mistakes so I'm getting a bit tired. Ideally, I'd love to change them but my inner feeling is that this will raise questions from the Home Office.
What would you suggest?
Thank you!
It should have no impact
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.

ekbe01
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Russia

Re: ILR application - various questions

Post by ekbe01 » Mon Mar 29, 2021 11:46 pm

Hi, a question about a FT job,120 vs 130 hours per month.

The immigration rules define FT job as 30 hrs/week. I remember it was interpreted as 130h/month in the guidance (and 120 in the application form) but I can’t find any mentioning of 130h in the guidance any more.

Has anything changed?
February 2021 was exactly 4 weeks so 30h/week result in 120h/month. Will this be counted as full-time or part-time?

Thank you!

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Re: ILR application - various questions

Post by zimba » Tue Mar 30, 2021 12:39 am

You should count the weeks not months. A full-time job is 52 weeks, each being 30 hour or more
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ekbe01
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Re: ILR application - various questions

Post by ekbe01 » Tue Mar 30, 2021 4:54 am

Thank you.
However, should it be 120 or 130 hours min in a monthly payroll to qualify as FT not PT?
Thanks again!

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Re: ILR application - various questions

Post by zimba » Tue Mar 30, 2021 10:21 am

ekbe01 wrote:
Tue Mar 30, 2021 4:54 am
Thank you.
However, should it be 120 or 130 hours min in a monthly payroll to qualify as FT not PT?
Thanks again!
Full time or part-time status is ONLY determined by the hours worked a week. If you work more than 30 hours a week, you are full time. If you do not, you are part time. Hours worked in a month is not relevant because that is not a fixed number. I repeat that you should ONLY count the weeks worked. You need 52 full time weeks. Provide payslips covering that period and you will be fine as you can ignore hours worked in a month. Calculations will be made on the whole 52 weeks period rather than monthly
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ekbe01
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Re: ILR application - various questions

Post by ekbe01 » Fri Apr 02, 2021 10:40 am

Thank you, Zimba. I'm not sure I understand the practical aspect of it.
Full time or part-time status is indeed only determined by the hours worked a week. If you work more than 30 hours a week, you are full time. No questions there.
However, salary is paid monthly and payslips are produced on a monthly basis. Payslips are used as proof of employment. My question was about a min number of hours that should be shown in a monthly payslip in order to satisfy the 30 hours a week requirement for the job to be full-time.

The question of 120 vs 130 h per month was discussed here before (130 a priori and 120 with a risk of being rejected but usually approved via admin review - 120 per month were mentioned in an application form ) but the guidance has changed.

Qiestion: if I show 120 hours worked in a particular month, will this be 'translated' into 30 hours a week (full-time) or less than 30h/week (part-time)?

If the calculations are made on the whole 52 weeks period, what exactly do they calculate? Gross salary in 52 weeks divided by the hourly rate? Anything else?
Thank you

ekbe01
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Re: ILR application - various questions

Post by ekbe01 » Fri Apr 02, 2021 10:58 am

marcnath wrote:
Wed Dec 16, 2020 1:30 pm
1. You only need to submit one set of accounts. It can be any year as long as it shows the full investment.
My full investment was made before the T1E extension (unaudited accounts and an accountant compilation report from my accountant were submitted).
Will I have to submit another set of accounts (with an accountant's report) anyway? Or can I use the previous set of accounts to show the full investment?
Thank you!

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Re: ILR application - various questions

Post by zimba » Fri Apr 02, 2021 12:16 pm

Hours do not show up on payslips in the majority of cases. There is no such requirement at all. Caseworkers simply assume a position was full time when you say so. The whole 130 hours a month can be used as a guideline if you like however to be accurate, you should calculate things on 52 weeks basis. The gross salary paid in that period divided by 52 can give you the average pay in each week which divided by the hourly rate, gives you hours worked per week.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ekbe01
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Re: ILR application - various questions

Post by ekbe01 » Mon Apr 05, 2021 9:31 am

Zimba wrote:
Fri Apr 02, 2021 12:16 pm
Hours do not show up on payslips in the majority of cases. There is no such requirement at all. Caseworkers simply assume a position was full time when you say so. The whole 130 hours a month can be used as a guideline if you like however to be accurate, you should calculate things on 52 weeks basis. The gross salary paid in that period divided by 52 can give you the average pay in each week which divided by the hourly rate, gives you hours worked per week.
Thanks very much. Perfect.

ekbe01
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Re: ILR application - various questions

Post by ekbe01 » Mon Apr 05, 2021 1:30 pm

Dear admins,
This is a Tier 1 (E) to ILR topic. Can I kindly ask to move it back to the Tier 1 (E) subforum? All the questions here are about the Tier 1 (Entrepreneur) requirements and have nothing to do with non-Tier ILR applications.
I'll v much appreciate it!

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Re: ILR application - various questions

Post by zimba » Mon Apr 05, 2021 11:50 pm

ekbe01 wrote:
Mon Apr 05, 2021 1:30 pm
Dear admins,
This is a Tier 1 (E) to ILR topic. Can I kindly ask to move it back to the Tier 1 (E) subforum? All the questions here are about the Tier 1 (Entrepreneur) requirements and have nothing to do with non-Tier ILR applications.
I'll v much appreciate it!
All ILR related questions must be asked here
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ekbe01
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Re: ILR application - various questions

Post by ekbe01 » Tue Apr 06, 2021 3:05 pm

Thank you.
ekbe01 wrote:
Fri Apr 02, 2021 10:58 am
marcnath wrote:
Wed Dec 16, 2020 1:30 pm
1. You only need to submit one set of accounts. It can be any year as long as it shows the full investment.
My full investment was made before the T1E extension (unaudited accounts and an accountant compilation report from my accountant were submitted).
Will I have to submit another set of accounts (with an accountant's report) anyway? Or can I use the previous set of accounts to show the full investment?
Thank you!
Any insight on this, please? Thank you thank you!

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Re: ILR application - various questions

Post by zimba » Tue Apr 06, 2021 3:30 pm

You do not need to send investment evidence if you provided those at the extension stage
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ekbe01
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Re: ILR application - various questions

Post by ekbe01 » Fri Apr 09, 2021 11:37 am

Zimba wrote:
Tue Apr 06, 2021 3:30 pm
You do not need to send investment evidence if you provided those at the extension stage
Perfect, thanks very much!

ekbe01
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Re: ILR application - various questions

Post by ekbe01 » Wed Jul 28, 2021 9:40 am

Dear forum,
Is there any recent experience on how this HO calculates this:
The 12 month period they are required to employ someone for can be made up of multiple jobs across different months, providing when combined this is equivalent to 2 full-time jobs.
What exactly can be considered "equivalent" to two full-time jobs?
Example: 5 part-time workers, 15h/week each worked for 208 weeks combined (equivalent to two full-time jobs). But no two of them will give me 104 weeks combined (to make it one full-time job).
Thank you!

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Re: ILR application - various questions

Post by marcnath » Wed Jul 28, 2021 12:56 pm

ekbe01 wrote:
Wed Jul 28, 2021 9:40 am
Dear forum,
Is there any recent experience on how this HO calculates this:
The 12 month period they are required to employ someone for can be made up of multiple jobs across different months, providing when combined this is equivalent to 2 full-time jobs.
What exactly can be considered "equivalent" to two full-time jobs?
Example: 5 part-time workers, 15h/week each worked for 208 weeks combined (equivalent to two full-time jobs). But no two of them will give me 104 weeks combined (to make it one full-time job).
Thank you!
HO does not set out calculations or all possible combinations. Under the relaxed conditions, I suspect you will be ok.

But if you can show some combination - you can mix three employees, for example, to show the 2 FT equivalents, then it is probably better. But still not necessary.
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.

ekbe01
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Posts: 121
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Russia

Re: ILR application - various questions

Post by ekbe01 » Wed Jul 28, 2021 8:18 pm

Thanks very much, marcnath

ekbe01
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T1(E) to ILR application - various questions

Post by ekbe01 » Tue Jan 11, 2022 2:09 pm

Dear Forum,
This is an ILR-related question, my previous questions were posted in a Tier 1 (Entrepreneur) subforum.
Also, my previous topic here is locked ("ILR application - various questions") so I've started a new one but please feel free to merge.

Question:
IF my T1(E) extension is refused and by the time of the refusal I qualify for the ILR, will I be able to apply for ILR? If so, how soon after the refusal will I have to submit the ILR application (14 days or something else)?
Thank you!

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Re: T1(E) to ILR application - various questions

Post by zimba » Tue Jan 11, 2022 2:42 pm

If your extension is refused why do you think your ILR will succeed? The same rules apply :?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ekbe01
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Re: T1(E) to ILR application - various questions

Post by ekbe01 » Tue Jan 11, 2022 4:24 pm

Zimba wrote:
Tue Jan 11, 2022 2:42 pm
If your extension is refused why do you think your ILR will succeed? The same rules apply :?
Yes, but...
I need 10 more weeks to qualify for the ILR (employment). My mistake. I'm trying to find a way to win some time and avoid going through another T1(E) extension (covid related) and then having to maintain two jobs for another 12 months. I was hoping that If I apply for ILR after a T1 extension refusal I'd have a new application date and as a result more time to complete the 2 jobs requirement (to the new application date).
Any advice there?
I do have a backup option (family visa) but it will restart the clock and in my case, I'll lose 3 years (currently 7 years residence in the country).

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Re: T1(E) to ILR application - various questions

Post by zimba » Tue Jan 11, 2022 4:45 pm

That does not answer my question. I asked why would your extension will be refused? That has nothing to do with your ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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