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Hi Guys,

Before I say anything I really appreciate the time and effort spend by Moderators and members of this forum to provide such useful resource and sharing the case/experience. It helps us all in our application process.

I was having a look at the policy guidance recently and saw that transitional agreement is ending April 2019 and those who would like to have their ILR based on transitional agreement should do it by April 2019.

So my situation is as follows

I got my initial Tier 1 E in Oct 2013. Had 1 employee for 13 months, she left and was replaced by another employee who is working till date.

I had applied for Tier 1 Extension in Oct 2016, but got rejected in Dec 2016 due to lack of documents. I raised AR which fell over as well. So, eventually applied for Tier 1 Extension under Section 3c in Feb 2017.

My application was with home office until August 2017 and extension was approved. I had the employee working for me during this time span(which was about 10 months).

Q1. I am aware that we need to complete 24 months of employment to apply for ILR, so does that mean that these 10 months wouldn't be counted for ILR?

Q2. If I wait till Aug 2019, I would not be able to apply using transitional agreement. But again it is all home office delay in application process.

Q3. If I were to hire someone now to until March end would that be covered under transitional agreement? Or does the fall in another statement from Home office where they say any employee hired after extension needs to work for 12 months.

What are my other options if I missed based on experts in this forum? Would be great to get your thoughts on this, seems like a big mess to me.

Thanks,
tier1ent_2013

Q1. I am aware that we need to complete 24 months of employment to apply for ILR, so does that mean that these 10 months wouldn't be counted for ILR?

No, If your ILR application date is less than a year from your extension approval date, you can claim all the employees who worked in the last 12 months (from the date of ILR application)

Q2. If I wait till Aug 2019, I would not be able to apply using transitional agreement. But again it is all home office delay in application process.

You can hire more people and apply for ILR before April 2019

Q3. If I were to hire someone now to until March end would that be covered under transitional agreement? Or does the fall in another statement from Home office where they say any employee hired after extension needs to work for 12 months.

You can use transitional arrangements if apply for ILR before April 2019

Thanks Zimba for you reply.

So, I am getting 2 outcomes from your suggestion.

1. I should be able to hire an employee now and should be able to cover up remaining months before April 2019. Is that right?

2. I cannot use the 12 months prior to issue of my extension application because my 5 year gets completed on Oct 2018 and my extension visa was issued in Aug 2018. Is that correct understanding?

Thanks,
tier1ent_2013

Correct

tier1ent_2013 wrote: ↑

Fri Oct 19, 2018 3:22 pm

Thanks Zimba for you reply.

So, I am getting 2 outcomes from your suggestion.

1. I should be able to hire an employee now and should be able to cover up remaining months before April 2019. Is that right?

2. I cannot use the 12 months prior to issue of my extension application because my 5 year gets completed on Oct 2018 and my extension visa was issued in Aug 2018. Is that correct understanding?

Thanks,
tier1ent_2013

1. Since it is already end of October now, you would need to hire three employees to get the additional 12 months needed before April
2. For the existing employee, you can use from April 2018 to Marc 2019

Hi Marcnath/Zimba,

Sorry got a bit confused with your reply.

Since I am currently under pre transitional agreement. I would assume that I can have 24 months of employment in any combination.

Since my visa was issued 1 week of Aug 2017 and now it is October 2018, I have covered 15 months of employment out of 24 months. Now assuming I have the same employee working till March 2019, I should have 20 months covered of required 24 month.

So I am only short of 4 months which from what I understand that I should be able to hire someone now and cover up those remaining month before April 2019.

Let me know if I am missing something or my understanding incorrect?

Thanks,
tier1ent_2013

tier1ent_2013 wrote: ↑

Sat Oct 20, 2018 12:31 pm

Hi Marcnath/Zimba,

Sorry got a bit confused with your reply.

Since I am currently under pre transitional agreement. I would assume that I can have 24 months of employment in any combination.

Since my visa was issued 1 week of Aug 2017 and now it is October 2018, I have covered 15 months of employment out of 24 months. Now assuming I have the same employee working till March 2019, I should have 20 months covered of required 24 month.

So I am only short of 4 months which from what I understand that I should be able to hire someone now and cover up those remaining month before April 2019.

Let me know if I am missing something or my understanding incorrect?

Thanks,
tier1ent_2013

Apologies, my mistake. I misread your extension as August 2018 rather than 2017.

You are right, you only need 4 months more.

Thanks marcnath.

I am planning to hire 3 full time employees anycase for my business requirement, so might as well do it early as I am thinking of applying in Jan 2019 after completing 24 months of job creation.

One other question I had was if I hire 3 employees each can have their respective job titles right or do they need job creations based on the same job title?

So question is should I have employees in the following order or is it fine to comply in any manner as I am under transitional agreement.

1. Employee 1 - Job tile 1
2. Employee 1 - Job tile 2
3. Employee 1 - Job tile 3
4. Employee 1 - Job tile 4


or

1. Employee 1 - Job tile 1
2. Employee 1 - Job tile 2
3. Employee 1 - Job tile 2
4. Employee 1 - Job tile 2

Thanks,
tier1ent_2013

tier1ent_2013 wrote: ↑

Thu Oct 25, 2018 12:30 pm

Thanks marcnath.

I am planning to hire 3 full time employees anycase for my business requirement, so might as well do it early as I am thinking of applying in Jan 2019 after completing 24 months of job creation.

One other question I had was if I hire 3 employees each can have their respective job titles right or do they need job creations based on the same job title?

So question is should I have employees in the following order or is it fine to comply in any manner as I am under transitional agreement.

1. Employee 1 - Job tile 1
2. Employee 1 - Job tile 2
3. Employee 1 - Job tile 3
4. Employee 1 - Job tile 4


or

1. Employee 1 - Job tile 1
2. Employee 1 - Job tile 2
3. Employee 1 - Job tile 2
4. Employee 1 - Job tile 2

Thanks,
tier1ent_2013

Job Title does not matter. What matters is how many jobs you enter in the Job Table and that should be 4 jobs