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ILR Application after 6 April 2019 and Employment

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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HarisM
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Posts: 30
Joined: Wed Jan 18, 2017 10:21 am

ILR Application after 6 April 2019 and Employment

Post by HarisM » Wed Apr 10, 2019 11:05 pm

Dear Zimba and all other respected Gurus,

I have a question regarding my ILR application which I am going to submit at the end of this month. I applied for initial Tier1 Entp visa before 06 April 2014 and the visa was granted on 24th April 2014.
1st extension went very smooth and granted on 1st June 2017.

Now I am having following employment

Employment -1
Emp A+Emp B - (Part Time) = August 17-Dec 17= 5 Months Full Time
Emp C - (Full Time) = Apr 18- Sep 18 = 6 Months Full Time
Emp D (PT) = Oct 18 - Apr 19 = 3 Months Full time (minimum)
Total Months = 14 Full Time

Employment -2
Emp E (Full Time)- Nov 17 - Apr 18 = 6 Months Full Time
Emp E (Part Time ) - May-18 - Apr 19= 12 month PT= 6 Month Full Time
Total Months= 12 Full Time

I am very confused if I am meeting the requirement of 2 full-time employment or not, my bad luck that I was not aware of the end of the transitional period on 6th Apr 2019 else I could have applied earlier.
Now I need your kind advice on this matter, whether I am meeting the criteria of the jobs or not.
I have other option to go on 10-years route as I already completed my 10 years in the UK but that would affect my dependants.

I would specially request Zimba to look into this matter as previously he had advised me and I was able to get the extension in a week.

If you need further clarification please let me know.

Thank you in advance!!

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zimba
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Posts: 19941
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: ILR Application after 6 April 2019 and Employment

Post by zimba » Thu Apr 11, 2019 2:29 am

Transitional arrangements do not apply anymore.
You need to have at least two positions which lasted at least for 12 months. You cannot combine full time and part time roles as part time roles must exist for 12 months each or else they cannot be combined. I do not believe you satisfy the requirement
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

HarisM
Newbie
Posts: 30
Joined: Wed Jan 18, 2017 10:21 am

Re: ILR Application after 6 April 2019 and Employment

Post by HarisM » Thu Apr 11, 2019 8:18 pm

Thank you Zimba, It is very unfortunate that I missed it by a couple of days :(

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marcnath
Moderator
Posts: 6479
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: ILR Application after 6 April 2019 and Employment

Post by marcnath » Thu Apr 11, 2019 9:35 pm

HarisM wrote:
Wed Apr 10, 2019 11:05 pm
Dear Zimba and all other respected Gurus,

I have a question regarding my ILR application which I am going to submit at the end of this month. I applied for initial Tier1 Entp visa before 06 April 2014 and the visa was granted on 24th April 2014.
1st extension went very smooth and granted on 1st June 2017.

Now I am having following employment

Employment -1
Emp A+Emp B - (Part Time) = August 17-Dec 17= 5 Months Full Time
Emp C - (Full Time) = Apr 18- Sep 18 = 6 Months Full Time
Emp D (PT) = Oct 18 - Apr 19 = 3 Months Full time (minimum)
Total Months = 14 Full Time

Employment -2
Emp E (Full Time)- Nov 17 - Apr 18 = 6 Months Full Time
Emp E (Part Time ) - May-18 - Apr 19= 12 month PT= 6 Month Full Time
Total Months= 12 Full Time

I am very confused if I am meeting the requirement of 2 full-time employment or not, my bad luck that I was not aware of the end of the transitional period on 6th Apr 2019 else I could have applied earlier.
Now I need your kind advice on this matter, whether I am meeting the criteria of the jobs or not.
I have other option to go on 10-years route as I already completed my 10 years in the UK but that would affect my dependants.

I would specially request Zimba to look into this matter as previously he had advised me and I was able to get the extension in a week.

If you need further clarification please let me know.

Thank you in advance!!
I assume you mean Job 1and Job 2 (there is no such term as Employment in the immigration rules).

If Emp A, B, C and D are doing the same job, then you short of just 1 month for Job 1. Since Emp A and B were working at the same time, then it just means that 1 FT job is being filled by two part time employees, which should be acceptable. (assuming Emp D is also continuing)
Employee D is definitely not acceptable as it is. But if you employ another PT person in May to the same job, you should satisfy the requirement for Job 1.

For Job 2, you need another PT employee for 6 more months, assuming Emp E will also continue.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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