T1(E) 5Y to ILR

[bajo85]

Dear members, gurus and moderators,

Thank you for helping me with my ILR application. going to apply for ILR in Feb. 19.

In the policy guidance, found this

During your extension period of leave
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.

In my case,
One full time job from the initial grant of LTR is still existing and the same employee is continuing.

But the 2nd job with two part time employees has been made a full time job with 1 employee, with same job title. Both part time employees left. The new full time employee has replaced both part time employees and is still working and has completed 13 months in this job.

Can I claim that the both jobs created during initial LTR grant are maintained? or 1 job maintained and 1 new job created during the extension period?

What job creation date should I write for the above job should I write in the form? New full time Employee’s job start date or the first part time employee’s start date?

As per my understanding of the above extract from policy guidance, if a job created during the initial period is ceased to exist then 2 new jobs should be created.

Do I still meet the job creation requirement.

Please advise, thank you all.

[aman90]

Dear members, gurus and moderators,

Thank you for helping me with my ILR application. going to apply for ILR in Feb. 19.

In the policy guidance, found this

During your extension period of leave
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.

In my case,
One full time job from the initial grant of LTR is still existing and the same employee is continuing.
Good
But the 2nd job with two part time employees has been made a full time job with 1 employee, with same job title. Both part time employees left. The new full time employee has replaced both part time employees and is still working and has completed 13 months in this job.
Perfect

Can I claim that the both jobs created during initial LTR grant are maintained? Yes
or 1 job maintained and 1 new job created during the extension period?
No, you did not create a new job. You replaced the 2 employees with one.
What job creation date should I write for the above job should I write in the form?
The first day the job started with the very first employee
New full time Employee’s job start date or the first part time employee’s start date?

As per my understanding of the above extract from policy guidance, if a job created during the initial period is ceased to exist then 2 new jobs should be created.

Do I still meet the job creation requirement.
Yes.
Please advise, thank you all.

The requirement is 2 jobs for 12 months after extension..employees can come and go(normal practice) as long as there is no gap in between employee change over and even if there is make sure you have 12 months of FPS and payslips... ur good to go!

[bajo85]

Thank you Aman90. much obliged to you

[bajo85]

Dear members, gurus and moderators,

I hope you all enjoying good health.

Please help me understanding the following extract from Tier 1 (Entrepreneur) Policy Guidance – version 07/2018 – Page 35[/i]

If you are applying for settlement you will need to provide all the necessary documentation to evidence you have met the requirements of the table above. In all cases you should supply the required evidence of investment and job creation set out in the Extension Application section above.

As per the underlined statement above, Do I need to send all the docs which I sent with my extension application? However the Table F, on page 34, which applies to ILR applicants, instructs us not to send any docs to prove investment and registration as director of a company within 6 months, as we have already been awarded points for this in our previous application.

why two contrary statements in the guidance?

Thank you for guiding me.

[CR001]

Topics Merged (click to read forum rule)

[CULLINAN]

Dear members, gurus and moderators,

I hope you all enjoying good health.

Please help me understanding the following extract from Tier 1 (Entrepreneur) Policy Guidance – version 07/2018 – Page 35[/i]

If you are applying for settlement you will need to provide all the necessary documentation to evidence you have met the requirements of the table above. In all cases you should supply the required evidence of investment and job creation set out in the Extension Application section above.

As per the underlined statement above, Do I need to send all the docs which I sent with my extension application? However the Table F, on page 34, which applies to ILR applicants, instructs us not to send any docs to prove investment and registration as director of a company within 6 months, as we have already been awarded points for this in our previous application.

why two contrary statements in the guidance?

Thank you for guiding me.

You are right. I came across that also. However, that seems to be an error. There is no need to prove for investment at ILR stage. That is clear in Table F and online form also does NOT ask for any questions about it. You can ignore the wrong statement.

[CULLINAN]

Dear members, gurus and moderators,

Thank you for helping me with my ILR application. going to apply for ILR in Feb. 19.

In the policy guidance, found this

During your extension period of leave
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.

In my case,
One full time job from the initial grant of LTR is still existing and the same employee is continuing.
Good
But the 2nd job with two part time employees has been made a full time job with 1 employee, with same job title. Both part time employees left. The new full time employee has replaced both part time employees and is still working and has completed 13 months in this job.
Perfect

Can I claim that the both jobs created during initial LTR grant are maintained? Yes
or 1 job maintained and 1 new job created during the extension period?
No, you did not create a new job. You replaced the 2 employees with one.
What job creation date should I write for the above job should I write in the form?
The first day the job started with the very first employee
New full time Employee’s job start date or the first part time employee’s start date?

As per my understanding of the above extract from policy guidance, if a job created during the initial period is ceased to exist then 2 new jobs should be created.

Do I still meet the job creation requirement.
Yes.
Please advise, thank you all.

The requirement is 2 jobs for 12 months after extension..employees can come and go(normal practice) as long as there is no gap in between employee change over and even if there is make sure you have 12 months of FPS and payslips... ur good to go!

Adding onto what aman said.

The online form first asks you about when was the “job” created(date). And then asks about the employee into that job category. Then also gives you option to add another employee into the same job if you want to combine two “employees” for the same job. And then you can move onto adding another “job”

Hope it makes sense. You will know when you see the online form dont worry

[bajo85]

Dear members, gurus and moderators,

Thank you for helping me with my ILR application. going to apply for ILR in Feb. 19.

In the policy guidance, found this

During your extension period of leave
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.

In my case,
One full time job from the initial grant of LTR is still existing and the same employee is continuing.
Good
But the 2nd job with two part time employees has been made a full time job with 1 employee, with same job title. Both part time employees left. The new full time employee has replaced both part time employees and is still working and has completed 13 months in this job.
Perfect

Can I claim that the both jobs created during initial LTR grant are maintained? Yes
or 1 job maintained and 1 new job created during the extension period?
No, you did not create a new job. You replaced the 2 employees with one.
What job creation date should I write for the above job should I write in the form?
The first day the job started with the very first employee
New full time Employee’s job start date or the first part time employee’s start date?

As per my understanding of the above extract from policy guidance, if a job created during the initial period is ceased to exist then 2 new jobs should be created.

Do I still meet the job creation requirement.
Yes.
Please advise, thank you all.

The requirement is 2 jobs for 12 months after extension..employees can come and go(normal practice) as long as there is no gap in between employee change over and even if there is make sure you have 12 months of FPS and payslips... ur good to go!

Adding onto what aman said.

The online form first asks you about when was the “job” created(date). And then asks about the employee into that job category. Then also gives you option to add another employee into the same job if you want to combine two “employees” for the same job. And then you can move onto adding another “job”

Hope it makes sense. You will know when you see the online form dont worry

Thank you @tier11417 & @aman90

[bajo85]

Dear members, gurus and moderators!

As you know I want to apply for ILR early and separately from my family; I need your help for writing a covering letter.

RE covering letter, My friends are advising me to write to the caseworker about the circumstances making me apply individually and also about the dependants’ later separate application,.

Dear gurus and moderators, Please advise and also if you could provide any reference related to my case which I should mention in the letter.

I’ll be highly grateful to you all.

Thank You X

[CR001]

You don't need a covering letter explaining.

There is NO rule that your dependents MUST apply with you for ILR.

Please continue any questions about your dependents in the topic you already have asking about dependents, where you have already been given advice.

indefinite-leave-to-remain/t1-e-to-ilr- ... l#p1711811

[bajo85]

Thank you @CR001. Much obliged.

Dear gurus and moderators!

I got a question re RTI-FPS, please help me with this.

With my ILR application, I would send only 2 employees’ docs to show 2 full time paid jobs created during extension period (though more employees working in my company).

So it would be 14 RTI-FPS, 2 employees UK passports, 14 months payslips, my company’s CAR, and a letter from accountant giving details of the jobs created, employees, number of hours, and pay per hour and job start dates etc.

Employee XYZ who started work after LTR extension 13 months ago, The RTI-FPS which I would provide with my application, it would have his start job start date.

But employee ABC is working since initial grant of LTR. To prove his job start date on RTI-FPS, I would send the old RTI-FPS showing his job start date which I already sent with extension application.

Don’t you think I should send all the RTI-FPS since employee ABC started work until my ILR application date, to avoid any doubts which caseworker might assume such as emplyee ABC might have discontinued/ left and rejoined during the 6 months my extension application was pending.

Please advise. Thank you

[CULLINAN]

Thank you @CR001. Much obliged.

Dear gurus and moderators!

I got a question re RTI-FPS, please help me with this.

With my ILR application, I would send only 2 employees’ docs to show 2 full time paid jobs created during extension period (though more employees working in my company).

So it would be 14 RTI-FPS, 2 employees UK passports, 14 months payslips, my company’s CAR, and a letter from accountant giving details of the jobs created, employees, number of hours, and pay per hour and job start dates etc.

Employee XYZ who started work after LTR extension 13 months ago, The RTI-FPS which I would provide with my application, it would have his start job start date.

But employee ABC is working since initial grant of LTR. To prove his job start date on RTI-FPS, I would send the old RTI-FPS showing his job start date which I already sent with extension application.

Don’t you think I should send all the RTI-FPS since employee ABC started work until my ILR application date, to avoid any doubts which caseworker might assume such as emplyee ABC might have discontinued/ left and rejoined during the 6 months my extension application was pending.

Please advise. Thank you

There is no requirement to show the start date of employee of the FPS anymore. Rules changed in January 2018.

You have to claim for 24 months or 104 weeks of FT employment AFTER extension. As you fall under the transitional arrangements you can fulfil this with multiple jobs or across different employees as long you have 24 months of FT employment. Anything more than that is optional and upto you to send.

you should NOT send any old FPS which you are not claiming points for as it will only confuse the caseworker

[bajo85]

Thank you @CR001. Much obliged.

Dear gurus and moderators!

I got a question re RTI-FPS, please help me with this.

With my ILR application, I would send only 2 employees’ docs to show 2 full time paid jobs created during extension period (though more employees working in my company).

So it would be 14 RTI-FPS, 2 employees UK passports, 14 months payslips, my company’s CAR, and a letter from accountant giving details of the jobs created, employees, number of hours, and pay per hour and job start dates etc.

Employee XYZ who started work after LTR extension 13 months ago, The RTI-FPS which I would provide with my application, it would have his start job start date.

But employee ABC is working since initial grant of LTR. To prove his job start date on RTI-FPS, I would send the old RTI-FPS showing his job start date which I already sent with extension application.

Don’t you think I should send all the RTI-FPS since employee ABC started work until my ILR application date, to avoid any doubts which caseworker might assume such as emplyee ABC might have discontinued/ left and rejoined during the 6 months my extension application was pending.

Please advise. Thank you

There is no requirement to show the start date of employee of the FPS anymore. Rules changed in January 2018.

You have to claim for 24 months or 104 weeks of FT employment AFTER extension. As you fall under the transitional arrangements you can fulfil this with multiple jobs or across different employees as long you have 24 months of FT employment. Anything more than that is optional and upto you to send.

you should NOT send any old FPS which you are not claiming points for as it will only confuse the caseworker

Thank you dear @tier11417

It’s still required as I read in the job creation: specified documents on page 30 of the policy guidance.

(c) Confirmation of the employment start date, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes.


How could we meet this requirement (confirmation of start date)? By providing RTI-FPS with start date as we successfully done in our extension application? I am not convinced that START DATE is no more required.

Please comment. Thank you

[CULLINAN]

The employee start date you will declare on the online form where it asks “employee start date” thats it. Its not required on FPS anymore.

Please view:
uk-tier-1-entrepreneur-visas/change-in- ... 44913.html

[bajo85]

The employee start date you will declare on the online form where it asks “employee start date” thats it. Its not required on FPS anymore.

Please view:
uk-tier-1-entrepreneur-visas/change-in- ... 44913.html

Thank you buddy for sharing this link Helped me a lot