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Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Mon Jan 21, 2019 11:20 pm
by Jonny_Carol
Hi gurus,
Please I need help urgently.
I entered T1E route in December 2013. Employed two people for about 16 months then applied for an extension in November 2016. However, my extension was initially refused in March 2017. I then applied for AR within 14 days but HO maintained their decision to refuse.
So, I made another application 1st week of April 2017 within 14 days of AR and was finally granted extension in October 2017.
One of my employees left in April 2017 (immediately after AR) and have since maintained the other employee since joining the company in 2015.
My questions are as follows:
1. Am I qualify for my 5 year settlement since December 2018 and can apply now given I my application refused and went for AR before making a 2nd fresh application?
2. If Yes to (1), since I entered the route before April 6, 2014 and have maintained one of the employees since joining (in 2015), am I qualify for the required 24 months according to page 105 of the guidance or I have to wait till October 2019 when the extension was granted? This is where I am really confused because I dont know when to start counting the 24 months as the employee have continuously been with my company since 2015.
Please advise
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Mon Jan 21, 2019 11:49 pm
by CULLINAN
Jonny_Carol wrote: ↑Mon Jan 21, 2019 11:20 pm
Hi gurus,
Please I need help urgently.
I entered T1E route in December 2013. Employed two people for about 16 months then applied for an extension in November 2016. However, my extension was initially refused in March 2017. I then applied for AR within 14 days but HO maintained their decision to refuse.
So, I made another application 1st week of April 2017 within 14 days of AR and was finally granted extension in October 2017.
One of my employees left in April 2017 (immediately after AR) and have since maintained the other employee since joining the company in 2015.
My questions are as follows:
1. Am I qualify for my 5 year settlement since December 2018 and can apply now given I my application refused and went for AR before making a 2nd fresh application?
You are eligible to apply 28 days before the 5th Anniversary of your initial visa date so yes Dec 2018 regardless of the refusal first as you were covered by section 3c so your continuous residence did not break. However, given if you meet job creation requirements.
2. If Yes to (1), since I entered the route before April 6, 2014 and have maintained one of the employees since joining (in 2015), am I qualify for the required 24 months according to page 105 of the guidance or I have to wait till October 2019 when the extension was granted? This is where I am really confused because I dont know when to start counting the 24 months as the employee have continuously been with my company since 2015.
You can only count job creation AFTER extension. As you fall under transitional arrangements, you can benefit from them ONLY IF you apply before 6th April 2019. If you apply before 6th April 2019, you need to show 104 weeks or 24 months of FT employment in any combination of jobs or employees. So you have around 16 months of employment. You can only meet this requirement if you hire additional 3 employees to make up for the rest of 8 months
If not, then you would have to wait till you have 2 FT jobs for 12 months each. You can count 1 job since Oct 2017. But then you need 1 more job that will last 12 months. You are struggling here now as Oct 2019 is only 10 months away.
There is another member, however, in a similar situation who is possibily relying or atleast seeking confirmation if he can use 1 employee (the same employee) for 2 different jobs that last 12 months each changing their job title. I am not sure if that is an option as the guidance doesnot say anything about it.
I would like other senior members to advice on this case as personally I think OP has short of time if he goes for post transitional scenerio and even looking tough if he has to hire 3 additional employees to catch up before transitional arragement ends.
What do you say aman?
Please advise
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Tue Jan 22, 2019 12:44 am
by CULLINAN
Correction:
Given your current situation, actually you would have to hire 3** more employees for atleast 2 months each to make up for 6 months if you want to apply before 6th April 2019 as the transitional arrangements end then to fulfill your 24 months. You currently only have 16 months of FT employment with 1 employee since Oct 2017 - Jan 2019 but you will have 18 months till April 2019.
However, I dont see how you can create another JOB for 12 months before Oct 2019 now if you apply after transitional arrangement ends.
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Tue Jan 22, 2019 2:51 am
by aman90
It’s really unfortunate that transitional arrangements termination affects so so many applicants who’ve not kept them selves up to date with changes to the rules.
Though you qualify for continuous period u are challenged by the job creation evidence.
What’s the date of extension approval?
You will need atleast 2 FT employees immediately.
Apply by 5th April 2019 on the dot for transitional arrangement consideration.
Send RTI FPS and payslips of APRIL and MAY 2019.
As this is a change that is gonna affect many applicants there is a possibility of some discretion.
And in the past applicants have been successful sending in job evidence after applying of upcoming month(s).
Fingers crossed ur caseworker considers the evidence to the date of decision.
In any case you’ll have to extend ur tier1 by OCT 2019 which shall cost too so you could consider taking a chance on ILR now..
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Tue Jan 22, 2019 3:06 am
by CULLINAN
Thanks aman. Yes it’s unfortunate that OP is caught up in a worse situation than he initially was worried off. Hope he comes out of it successfully.
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Tue Jan 22, 2019 4:37 am
by aman90
tier11417 wrote: ↑Tue Jan 22, 2019 3:06 am
Thanks aman. Yes it’s unfortunate that OP is caught up in a worse situation than he initially was worried off. Hope he comes out of it successfully.
Yes...I wish there was a provision for “exceptional harsh consequences” for transitional arrangement applicants as there was for the absences rule last year.
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Tue Jan 22, 2019 10:33 am
by Jonny_Carol
Thanks Aman and T11417 for these advices. It's really appreciated.
I employed a British student briefly for 4 months on a full time basis between July - Oct 2017 and left for further study. He approached me this year for another 2 months placement but I objected to it as it's only going to be for two.
Do you think I might have a good chance if I reconsider him?
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Tue Jan 22, 2019 10:41 am
by Jonny_Carol
I meant July to October 2018 (not 2017). My mistake.
Please Aman, T11417, Zimba, CR001 and gurus what do you think?
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Tue Jan 22, 2019 11:35 am
by CULLINAN
Jonny_Carol wrote: ↑Tue Jan 22, 2019 10:41 am
I meant July to October 2018 (not 2017). My mistake.
Please Aman, T11417, Zimba, CR001 and gurus what do you think?
Why did you not mention it before?? You can claim all employment after your extension so yes. We cant really advice if we dont know the exact dates. You need 104 weeks of FT employment so you can use a date calculator to count.
Roughly assuming application date 5th April 2019 (that is the lastest you have to apply):
Employee 1 6th Oct 2017 (assuming as this date should be after extension) - 5th April 2019 will be 18 months.
Employee 2: 4 months as you said
Total till April 2019 22 months
Yes if you employee 1 employee for another 2 months you look good now and can do it to make up your 24 months.
Note: You have to check you have 104 weeks 30hours min per week with exact dates as the above is just an example.
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Tue Jan 22, 2019 11:44 am
by CULLINAN
Total you will have 22 months till April 2019 with your employee 1 and employee 2** who has left including his 4 months.
So if you can hire additional employee for 2 months that will be your saviour.
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Tue Jan 22, 2019 4:53 pm
by Jonny_Carol
Thanks T11417.
I initially didn't consider it as my question was to find out if I could use just 1 employee that's started with my company since inception.
And secondly to find out how to count the 24 months. However when you both opened my eyes to other things I haven't considered, it was then I began to think of what to do.
Thanks again for your advice.
My next move is to get in touch with the Student and accepted his request to work full time for another 2 months - that'd be a win win for both of us.
Again, I am so grateful for your advice
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Wed Jan 23, 2019 1:35 am
by aman90
Jonny_Carol wrote: ↑Tue Jan 22, 2019 4:53 pm
Thanks T11417.
I initially didn't consider it as my question was to find out if I could use just 1 employee that's started with my company since inception.
And secondly to find out how to count the 24 months. However when you both opened my eyes to other things I haven't considered, it was then I began to think of what to do.
Thanks again for your advice.
My next move is to get in touch with the Student and accepted his request to work full time for another 2 months - that'd be a win win for both of us.
Again, I am so grateful for your advice
I hope you also read the guidance closely and the student has no work restrictions.
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Wed Jan 23, 2019 7:36 am
by CR001
aman90 wrote: ↑Wed Jan 23, 2019 1:35 am
Jonny_Carol wrote: ↑Tue Jan 22, 2019 4:53 pm
Thanks T11417.
I initially didn't consider it as my question was to find out if I could use just 1 employee that's started with my company since inception.
And secondly to find out how to count the 24 months. However when you both opened my eyes to other things I haven't considered, it was then I began to think of what to do.
Thanks again for your advice.
My next move is to get in touch with the Student and accepted his request to work full time for another 2 months - that'd be a win win for both of us.
Again, I am so grateful for your advice
I hope you also read the guidance closely and the student has no work restrictions.
The OP did state the student was British!!
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Wed Jan 23, 2019 3:36 pm
by aman90
.. mobile viewing limits reading a long thread.
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Wed Jan 23, 2019 3:38 pm
by CR001
aman90 wrote: ↑Wed Jan 23, 2019 3:36 pm
.. mobile viewing limits reading a long thread.
It isn't even a long thread, only 13 posts. I managed to see the British student reference in earlier post on my mobile phone while on the tube
Re: Please help - T1E - One employee pre April 6, 2014 - how to count 24 months
Posted: Wed Jan 23, 2019 3:49 pm
by CULLINAN
CR001 wrote: ↑Wed Jan 23, 2019 3:38 pm
aman90 wrote: ↑Wed Jan 23, 2019 3:36 pm
.. mobile viewing limits reading a long thread.
It isn't even a long thread, only 13 posts. I managed to see the British student reference in earlier post on my mobile phone while on the tube
superwoman
.. mobile viewing limits reading a long thread.