Immigrationboards.com

inaam.cs wrote: ↑

Thu Mar 29, 2018 5:10 pm

Hi Members,
Could someone please guide me regarding ILR requirements?
I got my T1 (Ent.) visa on 22nd Feb 2014. In Feb 2017 i applied for extension and granted extension in Feb 2018. (Extension is till Feb 2020).
I have one British employee working full time for me continuously from 1st May 2014. She intends to carry on working for my company.
My question is when will I be eligible for ILR and do I need to employ another person?
Many thanks

marcnath wrote: ↑

Thu Mar 29, 2018 5:47 pm

inaam.cs wrote: ↑

Thu Mar 29, 2018 5:10 pm

Hi Members,
Could someone please guide me regarding ILR requirements?
I got my T1 (Ent.) visa on 22nd Feb 2014. In Feb 2017 i applied for extension and granted extension in Feb 2018. (Extension is till Feb 2020).
I have one British employee working full time for me continuously from 1st May 2014. She intends to carry on working for my company.
My question is when will I be eligible for ILR and do I need to employ another person?
Many thanks

Your 5 year continuous stay will be completed in Feb 2019, so you can apply for your ILR anytime after 25 Jan 2019.
On Job creation, if you are continuing only with one employee, you will not ever qualify for ILR. So, yes, you do need to create one or more jobs.
Depending on whether you will apply for your ILR before or after April 2019 makes a difference.
After 6 April 2019, you will need two jobs of twelve months each. If you are applying before April 2019, for example in Jan 2019, you could employ 2 FT employees between July and Dec 2018 (for example) and qualify.

seasky wrote: ↑

Thu Mar 29, 2018 7:40 pm

marcnath wrote: ↑

Thu Mar 29, 2018 5:47 pm

inaam.cs wrote: ↑

Thu Mar 29, 2018 5:10 pm

Hi Members,
Could someone please guide me regarding ILR requirements?
I got my T1 (Ent.) visa on 22nd Feb 2014. In Feb 2017 i applied for extension and granted extension in Feb 2018. (Extension is till Feb 2020).
I have one British employee working full time for me continuously from 1st May 2014. She intends to carry on working for my company.
My question is when will I be eligible for ILR and do I need to employ another person?
Many thanks

Your 5 year continuous stay will be completed in Feb 2019, so you can apply for your ILR anytime after 25 Jan 2019.
On Job creation, if you are continuing only with one employee, you will not ever qualify for ILR. So, yes, you do need to create one or more jobs.
Depending on whether you will apply for your ILR before or after April 2019 makes a difference.
After 6 April 2019, you will need two jobs of twelve months each. If you are applying before April 2019, for example in Jan 2019, you could employ 2 FT employees between July and Dec 2018 (for example) and qualify.

Marcnath,

Question, does OP not benefit from a. being pre APR 2014 and b. before they end that advantage (Apr 2019?) and c. the new benefit that you can use the time before extension was approved for ILR as well?

So the old rule of one person 24 months still works? (I am not fully updated on all the new rules...)

msaleemu wrote: ↑

Thu Mar 29, 2018 8:06 pm

Hi marcnath
sorry to interrupt you,its my understanding (Please correct me if i am wrong) that if any one enter on this route before 6th April 2014 ,he will be fine with one FT employee for 24 months
as per guidance page 35


Pre 6th April 2014 transitional arrangement- job creation
If you successfully applied to enter and have continually remained in the route since before the 6th of
April 2014, and you are making an extension application or a settlement application, you may
continue to employ (and score points for job creation):
• 1 worker for 24 months
• 1 worker for 6 months and one for 18 months
• 4 workers for 6 months each
Please note: This transitional arrangement will come to an end on 6th April 2019. If you
intend to make an extension or settlement application on or after 6th April 2019, you will not
be able to rely on this transitional arrangement.

10020132 wrote: ↑

Fri Mar 30, 2018 7:16 am

I think he should be fine as if he applies in feb 2019 then he can use employment from his waiting for extension period as well

10020132 wrote: ↑

Fri Mar 30, 2018 7:16 am

I think he should be fine as if he applies in feb 2019 then he can use employment from his waiting for extension period as well

inaam.cs wrote: ↑

Fri Mar 30, 2018 7:41 am

10020132 wrote: ↑

Fri Mar 30, 2018 7:16 am

I think he should be fine as if he applies in feb 2019 then he can use employment from his waiting for extension period as well

Thanks. So one year of employment while i was waiting can be counted then?

seasky wrote: ↑

Fri Mar 30, 2018 10:53 am

Marcnath is technically correct. But there is a wrinkle in the guidlines (not atypical with UKVI)

On the one hand you have transitional rights that include speciffcally one employee 24 months and on other hand the right to retroactively use employment even before current leave period, though for 12 months. A sort of clash of rights

marcnath wrote: ↑

Fri Mar 30, 2018 10:28 am

10020132 wrote: ↑

Fri Mar 30, 2018 7:16 am

I think he should be fine as if he applies in feb 2019 then he can use employment from his waiting for extension period as well

Appreciate your contribution and your desire to help.

However, giving wrong advice is worse than not contributing

OP CANNOT use the job from the whole of the waiting period. If OP applies in Feb 2019, only the job exisitng between Feb 2018 and Jan 2019 (12 months before application date) can be used. One job in that period will not meet the job creation requirement.

marcnath wrote: ↑

Thu Mar 29, 2018 5:47 pm

inaam.cs wrote: ↑

Thu Mar 29, 2018 5:10 pm

Hi Members,
Could someone please guide me regarding ILR requirements?
I got my T1 (Ent.) visa on 22nd Feb 2014. In Feb 2017 i applied for extension and granted extension in Feb 2018. (Extension is till Feb 2020).
I have one British employee working full time for me continuously from 1st May 2014. She intends to carry on working for my company.
My question is when will I be eligible for ILR and do I need to employ another person?
Many thanks

Your 5 year continuous stay will be completed in Feb 2019, so you can apply for your ILR anytime after 25 Jan 2019.
On Job creation, if you are continuing only with one employee, you will not ever qualify for ILR. So, yes, you do need to create one or more jobs.
Depending on whether you will apply for your ILR before or after April 2019 makes a difference.
After 6 April 2019, you will need two jobs of twelve months each. If you are applying before April 2019, for example in Jan 2019, you could employ 2 FT employees between July and Dec 2018 (for example) and qualify.

Andys wrote: ↑

Sun Apr 08, 2018 5:27 pm

marcnath wrote: ↑

Thu Mar 29, 2018 5:47 pm

inaam.cs wrote: ↑

Thu Mar 29, 2018 5:10 pm

Hi Members,
Could someone please guide me regarding ILR requirements?
I got my T1 (Ent.) visa on 22nd Feb 2014. In Feb 2017 i applied for extension and granted extension in Feb 2018. (Extension is till Feb 2020).
I have one British employee working full time for me continuously from 1st May 2014. She intends to carry on working for my company.
My question is when will I be eligible for ILR and do I need to employ another person?
Many thanks

Your 5 year continuous stay will be completed in Feb 2019, so you can apply for your ILR anytime after 25 Jan 2019.
On Job creation, if you are continuing only with one employee, you will not ever qualify for ILR. So, yes, you do need to create one or more jobs.
Depending on whether you will apply for your ILR before or after April 2019 makes a difference.
After 6 April 2019, you will need two jobs of twelve months each. If you are applying before April 2019, for example in Jan 2019, you could employ 2 FT employees between July and Dec 2018 (for example) and qualify.

Hi marcnath,
I can see you have answered the queries here, however just to clarify, for a person on pre Apr 2014 arrangement:
1. Would the period between the extension application and approval count towards employment creation? ==> No
2. If yes, then would 1 FT employee for 24 months be enough to qualify?
3. You have mentioned that only last 12 months would be counted towards employment creation period. What does that mean? ==> This is applicable only if you are applying for your ILR within 12 months of your extension date - i,e, before April 2019. In that case, only employment 12 months before your application date is usable.
Sorry, if it may sound repeat of what you may have mentioned, but these posts have created confusion in my head.
I applied before Apr 2014 and got the initial visa on 29/04/14. I applied for extn in Apr 2017 and got the approval in Apr 2018 for 2 years. By 5 years rule, I will be able to apply for ILR end of March 2019. I am under the impression that as long as I have 24 months of employment (between 1 or more employees) between Apr 2017 and Mar 2019, I will meet the eligibility criteria. ==> Unfortunately, your impression is wrong. Only employment within the latest grant of leave - i.e. after extension approval - can be used. There is an exception to that, which is as mentioned in the above rule. To complicate things, the transitional arrangement ends in April 2019.
Could you pls clarify? Thanks in advance.

marcnath wrote: ↑

Sun Apr 08, 2018 8:51 pm

Andys wrote: ↑

Sun Apr 08, 2018 5:27 pm

marcnath wrote: ↑

Thu Mar 29, 2018 5:47 pm

inaam.cs wrote: ↑

Thu Mar 29, 2018 5:10 pm

Hi Members,
Could someone please guide me regarding ILR requirements?
I got my T1 (Ent.) visa on 22nd Feb 2014. In Feb 2017 i applied for extension and granted extension in Feb 2018. (Extension is till Feb 2020).
I have one British employee working full time for me continuously from 1st May 2014. She intends to carry on working for my company.
My question is when will I be eligible for ILR and do I need to employ another person?
Many thanks

Your 5 year continuous stay will be completed in Feb 2019, so you can apply for your ILR anytime after 25 Jan 2019.
On Job creation, if you are continuing only with one employee, you will not ever qualify for ILR. So, yes, you do need to create one or more jobs.
Depending on whether you will apply for your ILR before or after April 2019 makes a difference.
After 6 April 2019, you will need two jobs of twelve months each. If you are applying before April 2019, for example in Jan 2019, you could employ 2 FT employees between July and Dec 2018 (for example) and qualify.

Hi marcnath,
I can see you have answered the queries here, however just to clarify, for a person on pre Apr 2014 arrangement:
1. Would the period between the extension application and approval count towards employment creation? ==> No
2. If yes, then would 1 FT employee for 24 months be enough to qualify?
3. You have mentioned that only last 12 months would be counted towards employment creation period. What does that mean? ==> This is applicable only if you are applying for your ILR within 12 months of your extension date - i,e, before April 2019. In that case, only employment 12 months before your application date is usable.
Sorry, if it may sound repeat of what you may have mentioned, but these posts have created confusion in my head.
I applied before Apr 2014 and got the initial visa on 29/04/14. I applied for extn in Apr 2017 and got the approval in Apr 2018 for 2 years. By 5 years rule, I will be able to apply for ILR end of March 2019. I am under the impression that as long as I have 24 months of employment (between 1 or more employees) between Apr 2017 and Mar 2019, I will meet the eligibility criteria. ==> Unfortunately, your impression is wrong. Only employment within the latest grant of leave - i.e. after extension approval - can be used. There is an exception to that, which is as mentioned in the above rule. To complicate things, the transitional arrangement ends in April 2019.
Could you pls clarify? Thanks in advance.

Jazz2007 wrote: ↑

Sat Jan 05, 2019 12:20 am

Yes, if existing employees are still working in Jan Payroll. Total 25 months as you are covered by transitional arrangements.

CR001 wrote: ↑

Fri Feb 22, 2019 8:36 pm

uk-tier-1-entrepreneur-visas/an-example ... 34487.html