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Job Creation

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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wonderer7
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Posts: 9
Joined: Wed Jun 15, 2022 10:20 am

Continuous period calculation

Post by wonderer7 » Wed Jun 15, 2022 10:58 am

Hi everyone,

I hope you're all keeping safe and well during these times.

I had a question regarding the calculation of the continuous period for the ILR. I have a tier 1 entrepreneur visa that was first issued in July 2017, expired in Nov 2020 then extended to Jan 2023 staring in Jan 2021.

My question is, how would my absence be calculated? I remember seeing in the guidance that if the grant of leave was issued before Jan 2018 then any absence during that period would be calculated using 12 months blocks going back from the date of the application and that any absences under the second grant of leave (the extension) will be calculated using rolling months instead as it was issued after Jan 2018. I went back to check this but could not find it in the official Home Office guidance. Can anyone confirm this?

Another question if the above is indeed true is how would they calculate it if I apply on 1st of September 2022? The 5 years period will be from September 1st 2017 to September 1st 2022.

12 months blocks for the first grant of leave :

01/09/2017-> 01/09/2018
01/09/2018-> 01/09/2019
01/09/2019-> 01/09/2020

Up till here this is clear but then we get into the period where my first grant had expired and I still did not get my extension:

Nov 2020 -> Jan 2021

How will my absences be calculated here (September 2020 to Jan 2021)? Will it be added to absences under the second grant of leave (the extension) and hence counted on rolling months basis?

I am sorry if this is a long post but I need to understand this as it will define whether continuous period was broken or not for me.

I appreciate your help.

Thanks in advance

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marcnath
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Posts: 6478
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Continuous period calculation

Post by marcnath » Wed Jun 15, 2022 3:05 pm

The Nov to Jan period should still be evaluated under 12 month blocks.

I am not sure if they will do a pro rata. More likely they will look at 1/9/20 to 1/9/21 if you had any absences between Nov 20 and Jan 21. They will also look at rolling periods all the way to Jan 2021.
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.

wonderer7
Newly Registered
Posts: 9
Joined: Wed Jun 15, 2022 10:20 am

Job Creation

Post by wonderer7 » Fri Aug 26, 2022 9:09 am

Hi there,

I am due to apply for the ILR next year and currently have two full time workers, however one of them took on more responsibilities so her salary was bumped up. She still does what she used to do but does more now.

My question is, would this affect how the home office perceives the creation of jobs i.e would the home office consider the bump of salary another job created (and thus must be maintained for 12 months from the date of the salary bump) and not the same one that that person was doing before? Or would it still fall under the same job?

I appreciate all your help.

Thanks

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