Tier 1 Ent ext refused (caseworker error) Applied for AR

Hi

I have a similar Situation. My 1st Year full Accounts Show that I have I am the director. and in the director Loan notes it says Director has made a certain amount of Loan to the company etc etc.

In my second and third year accounts it says Direct (XXXXXXX) has made a load of £XXXX amount. Would that be allright even though the 1st year accounts only says In section A that Mr. XXXX is the Director and in Section B it says Director has made £XXXX amount of loan but does not mention my name in brackets in front of the word Director but it does say I am the director in the previous section on account notes.

This is only the case with 1st Year Accounts, Second and 3rd Year accounts are all goood. Would it be right if I amend the first year full account notes now and then submit them ?

Regards

Amz wrote:Hi

I have a similar Situation. My 1st Year full Accounts Show that I have I am the director. and in the director Loan notes it says Director has made a certain amount of Loan to the company etc etc.

In my second and third year accounts it says Direct (XXXXXXX) has made a load of £XXXX amount. Would that be allright even though the 1st year accounts only says In section A that Mr. XXXX is the Director and in Section B it says Director has made £XXXX amount of loan but does not mention my name in brackets in front of the word Director but it does say I am the director in the previous section on account notes.

This is only the case with 1st Year Accounts, Second and 3rd Year accounts are all goood. Would it be right if I amend the first year full account notes now and then submit them ?

Regards

This is not a general discussion topic. Please continue your questions in your own topic you already have.

Hi

I have a question to ask while waiting for the admin review application.
I have an employ working for me full time for more than one year. its around 10 monhts since I applied for an extension. Would his employment for 10 months will be countable for ILR employment creation ?
My solicitor said it is. But I just want to double check. Please advice. thanks

wonder17 wrote:Hi

I have a question to ask while waiting for the admin review application.
I have an employ working for me full time for more than one year. its around 10 monhts since I applied for an extension. Would his employment for 10 months will be countable for ILR employment creation ?
My solicitor said it is. But I just want to double check. Please advice. thanks

No. All the time spent waiting for extension will not be counted because the period of leave taken will be from the date that extension is granted.

The Period in which your case was under consideration (except overstaying/ out of time application) will be count toward valid stay i.e. covered under 3C. So Yes, employment period will count.

^^It will not count towards the two years of employment that you need to create in your last grant of leave. Your last grant of leave begins on the day your extension is granted. Therefore, you must create two years of employment from this date.

moongesture wrote:The Period in which your case was under consideration (except overstaying/ out of time application) will be count toward valid stay i.e. covered under 3C. So Yes, employment period will count.

Section 3C technically extends your initial leave, the jobs ALWAYS need to be created during the LAST GRANT OF LEAVE. This means that ONLY jobs created AFTER extension will count towards ILR

Any news on your AR? Did they write you it will take longer than usual?

zimba88 wrote:

moongesture wrote:The Period in which your case was under consideration (except overstaying/ out of time application) will be count toward valid stay i.e. covered under 3C. So Yes, employment period will count.

Section 3C technically extends your initial leave, the jobs ALWAYS need to be created during the LAST GRANT OF LEAVE. This means that ONLY jobs created AFTER extension will count towards ILR

Hello zimba88

please read para 3 of page 59 Tier-1 Ent Policy Guidance version 11/2016 (Settlement section)

'The jobs must have existed for at least 12 months during your most recent grant of leave unless you entered the route before the 6th April 2014....'

My question is 'for those who entered the route before April 6, 2014, some hours of employment right before the extention granted will be counted or not

My question is 'for those who entered the route before April 6, 2014, some hours of employment right before the extention granted will be counted or not

I answered this above and the answer is NO. Transitional arrangements HAS NOTHING to do with employment created on section 3C
That line in the guide emphasises on the fact that jobs must last 12 months min unless you are covered by transitional arrangements !

The job creation criteria applies ONLY AND ONLY to the LAST grant of leave. That is why you MUST maintain/create two jobs even after extension.

zimba88 wrote:

My question is 'for those who entered the route before April 6, 2014, some hours of employment right before the extention granted will be counted or not

I answered this above and the answer is NO. Transitional arrangements HAS NOTHING to do with employment created on section 3C
That line in the guide emphasises on the fact that jobs must last 12 months min unless you are covered by transitional arrangements !

The job creation criteria applies ONLY AND ONLY to the LAST grant of leave. That is why you MUST maintain/create two jobs even after extension.

Thanks for the prompt reply. I have two more things to ask:

1. what is transitional arrangements?

2. I am no expert on this but still my understanding is 'according to the policy guidance in force before 6th April 2014, the applicant was never required to show jobs while applying for ILR during his extension period, it is only after 6th April 2014, this condition/requirement for creating jobs during extension period was inserted/added. So the statement ''The jobs must have existed for at least 12 months during your most recent grant of leave unless you entered the route before the 6th April 2014....' makes sense for the applicants who entered the route before 6th April 2014 (i.e, who got initial entry before 6/4/14) at least for those solely for Tier 1 Ent (no switching fm any other catagory)

I would appreciate if you please comment on them!

1. what is transitional arrangements?

Read the guide: https://www.gov.uk/government/publicati ... trepreneur

2. I am no expert on this but still my understanding is 'according to the policy guidance in force before 6th April 2014, the applicant was never required to show jobs while applying for ILR during his extension period, it is only after 6th April 2014, this condition/requirement for creating jobs during extension period was inserted/added. So the statement ''The jobs must have existed for at least 12 months during your most recent grant of leave unless you entered the route before the 6th April 2014....' makes sense for the applicants who entered the route before 6th April 2014 (i.e, who got initial entry before 6/4/14) at least for those solely for Tier 1 Ent (no switching fm any other catagory)

You are wrong. The immigration rules ALWAYS maintained a job creation criteria regrading the LAST grant of leave, even before April 2014. This was simply clarified in the guide last year.

In the rules, it was worded slightly differently (e.g from immigration rules archive Oct 2012):

Where the applicant's last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months of the period for which the previous leave was granted.

.... of the period for which the previous leave was granted = the LAST grant of leave

source archive: https://www.gov.uk/government/uploads/s ... 13-dec.pdf