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This just says that it can be jobs that continue from your first period or can be new ones. They are just trying to say that they don't insist the same jobs need to continue throughoutsamba123 wrote: ↑Wed Dec 12, 2018 1:08 pmThanks for the clarification, can you please also clarify the following point, thanks:
The 2 jobs created in their initial leave for a further 12 months, or Create 2 more
jobs which exist for 12 months, if the 2 jobs created during their initial period of leave
have ceased to exist
To repeat, you can only claim points for jobs created OR existing after April 2018samba123 wrote: ↑Wed Dec 12, 2018 1:50 pmThanks. The confusing point is if we can claim the job activity points for ILR application of the jobs existed or created after making the extension application and until the extension was granted. Or can we combine the job hours or employees between the period, awaiting the extension application decision and after the extension granted until ILR.
You raise a good point and HO realised that earlier this year. So they did change the rules so that you can use the jobs during the extension period BUT ONLY if your ILR application is LESS than 12 months after extension grant.samba123 wrote: ↑Wed Dec 12, 2018 10:56 pmThe rules clearly say that you can continue the jobs those are existed at the time of extension application or create new jobs for another 12 months to claim ILR once the 5 year period in total is completed as a Tier1 route. Therefore, if the jobs existed or created for 12 months right after the extension application. And the decision on extension application takes, for example, 12 months, how can we define this rule. In addition, the rules say that you are eligible to apply for ILR after 5 years completion on this route. If we count the recent grant of leave period onward from the date of the extension approval (in this case 12 months, and in most of the other cases it's much more) no one can never apply for ILR after 5 years period. Will much appreciate clarification on this point, thanks
Can you quote the part where it says "can claim points of the job that were existed or created after the date of initial extension application"samba123 wrote: ↑Thu Dec 13, 2018 10:00 amThanks. However, all HO guidance and rules clearly describe that we can claim points of the job that were existed or created after the date of initial extension application for at least 12 months. They have not mentioned anywhere that the period of that 12 months will be considered after extension is granted. Can you please clarify again and also is there HO document available that explains this point, thanks
3 The applicant has:
(a) established a new business or businesses that has or have created the equivalent of at least 2 new full time jobs for settled workers, or
(b) taken over or invested in an existing business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for settled workers by creating the equivalent of at least 2 new full time jobs for settled workers.
The jobs must have existed for at least 12 months during the applicant’s most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of application.
samba123 wrote: ↑Thu Dec 13, 2018 3:01 pmyes, this is correct, However, we should take the following rules into account as well, which are obvious and clear :
they cannot claim points for any employment activity from their initial period of
leave (as this can only be used to score points for the applicant's first extension
application)
The 2 jobs created in their initial leave for a further 12 months, or Create 2 more
jobs which exist for 12 months, if the 2 jobs created during their initial period of leave
have ceased to exist.
There is nothing mentioned in anywhere in HO guidance notes that these 12 months period will only be considered after extension application is approved.
I am unable to understand what ambiguity is in these rules, please clarify, thanks
If not anything else, it would be great to give details of exactly where you got the clear description of a reference to extension application date. (rule number of page/para number in the guidance). That will help answer your question.marcnath wrote: ↑Thu Dec 13, 2018 10:09 amCan you quote the part where it says "can claim points of the job that were existed or created after the date of initial extension application"samba123 wrote: ↑Thu Dec 13, 2018 10:00 amThanks. However, all HO guidance and rules clearly describe that we can claim points of the job that were existed or created after the date of initial extension application for at least 12 months. They have not mentioned anywhere that the period of that 12 months will be considered after extension is granted. Can you please clarify again and also is there HO document available that explains this point, thanks
I have never seen a reference to extension application date anywhere - so I am very keen to learn and I can better address the issue.
The Immigration Rules is what you need to follow and what a caseworker bases their decisions on. The Guidance notes are just that, a snap shot set of notes.
There are only 65 pages in that guidance.
I think I tried to explain it a few times but clearly it is not getting through.samba123 wrote: ↑Thu Dec 13, 2018 10:13 pmOK, The policy guidance I am referring to \, you can that in the table E, The Job Creation Table.
It clearly states that You must: Maintain the 2 jobs created in your initial leave for a further 12 months, or Create 2 more jobs which exist for 12 months if the 2 jobs created during your
initial period of leave have ceased to exist. Can you please help to clear the key point in this discussion that how can we spread those 12 months period after extension application after 3 years initial leave. Furthermore, as per Entrepreneur visa rules, the policy is very clear and obvious that you get initial 3 years and then get further 2 years extension, and after completing 5 years in total you can apply for settlement. Can you give a reference that explains that your further leave after the initial period will start after extension? If that is the case, not a single application can apply for settlement after completing 5 years. For example, if a decision of extension application is made in a years time then total period on this for settlement will be minimum 6 years.
I am sorry but I don't understand your question.samba123 wrote: ↑Fri Dec 14, 2018 1:11 pmI understand what you say, however, the only point to be understood is ;
Maintain the 2 jobs created in your initial leave for a further 12 months, or Create 2 more jobs which exist for 12 months if the 2 jobs created during your
the initial period of leave have ceased to exist.
How we can define those 12 months period, i.e if it is after the first extension applied, after extension application approved, after the second extension. It clearly says further 12 months, how we can define further that means after extension? It never says anywhere in the guidelines that this 12 months periods can be used after extension granted. We should not take only one line into consideration, we have to take this rule separately, it has a different meaning. Please clarify this points, thanks.