Tier 1 (ENT) ILR job requirement changes

tggdoc wrote: ↑

Thu Jan 17, 2019 3:48 pm

Hi all,

I was reading the policy guidance of T1 Entrepreneur and I`m a bit confused. Page 29 shows table E and states:

`You are applying
for a second
extension or 5
year settlement
application

The Home Office will
assess the
employment activity
from the extension
period of leave.`

Then on page 33 point 3 in the table it states:

`......... where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of your current application.`

Now the pattern we have seen is that when someone applies for a visa the HO takes more than 8 weeks to decide the application. So according to the first point the jobs wont be counted until the decision has been made. But then it states that if the extension was issued in less than 12 months, it would consider the date before the extension.

My question is will the time between the extension and ILR be considered for employment or not?

marcnath wrote: ↑

Thu Jan 17, 2019 8:46 pm

If you get the extension after 13 months, you would not have completed 5 years unless you had another extension before.
But yes, if your extension is approved after 20 months or so, you can potentially apply for ILR immediately if you have maintained two jobs

tggdoc wrote: ↑

Fri Jan 18, 2019 10:30 am

marcnath wrote: ↑

Thu Jan 17, 2019 8:46 pm

If you get the extension after 13 months, you would not have completed 5 years unless you had another extension before.
But yes, if your extension is approved after 20 months or so, you can potentially apply for ILR immediately if you have maintained two jobs

Thank you for the clarification.
What if the tier -1 initial application was applied in Feb 2014 but the visa was issued in Sep 2015?
Would the 5 years be Feb 2019 or Sep 2020?

tggdoc wrote: ↑

Fri May 22, 2020 1:32 pm

Hi,

My 5 year period for ILR would be completed in AUG 2020. But due to Covid-19 I had to furlough my employees.

I have recently learned that the requirement for the two people employed for 12 consecutive months has recently been updated. As it is stated that The 12 month period you are required to employ someone for can be made up of multiple employees across different months. I know the furlough time is not counted.

Specifically asking for ILR requirement, can these months be before you have received extension?
Is it stated somewhere that these months should be after the extension?

Thanks.