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Job creation pre April

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

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zahidb786
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Posts: 15
Joined: Wed Dec 05, 2018 2:32 pm
Pakistan

Job creation pre April

Post by zahidb786 » Wed Dec 05, 2018 3:25 pm

Dear respected members,

This forum helped me a lot during my extension. i was filling my Set O application
form after completing 5 year on Tier 1 Entrepreneur on 50k Psw route as a team.

initial visa granted 23/12/2013

extension granted 04/06/2018

my question is regarding job creation we are sending FPS from 1st December 2017 till 30th NOV 2018.
job 1
1 employee 9 months full time ( 120 hrs per month)Total 1080 hours from 01 Jan 2018 till 30/11/18

2 employee part time 9 months ( 64 hrs per month) Total 576 Hours 01 DEC 2017 till 31/08/2018

3 employee part time 12 month ( 255 hrs in 12 months) Total 255 Hours 01 DEC 2017 till 30/11/2018

4 EMPLOYEE part time 8 months ( 81 hours in 8 months ) 01 DEC TILL 30/11/18

Total Hours in job 1 : 1992 Hours


job 2

1 employee part time 12 months ( 576 hours in 12 months) 01 DEC TILL 30/11/18

2 EMPLOYEE part time 12 months ( 644 hours in 12 months ) 01 DEC TILL 30/11/18

3 EMPLOYEE part time 12 months ( 223 hours in 12 months ) 01 DEC TILL 30/11/18

4 employee part time 10 month ( 174 in 10 months) Total 174 Hours 1st Feb 2018 till 30/11/2018

Total Hours in job 2 : 1617 Hours.
Note: None of the employee worked more than 30 Hours per week.


My question is do I meet job requirement for ILR as i Entered the route before April 2014?
and also

when i was filling the online from it says, provided each month it must be 120 hours
now only in December 2017 i do not have 120 hours for one of the job but the rest its over 120 hrs each month.

in online form it says that give any absence period from the UK even its short ?

Can i combine the hours to claim the jobs as i received my extension in june 2018.

i am confused about it, s it for people who lived away for more than 12 months or every one,?

I will be very grateful if senior members can enlighten it?

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Job creation pre April

Post by CULLINAN » Wed Dec 05, 2018 4:42 pm

First thing you have to note is that you can only claim job creation for the last 12 months immediately before the day you will apply (as you qualify for ILR less than 12 months after extension granted)
So for example if you apply lets say on 10th Dec 2018 you can only claim job creation from 10th Dec 2017.

I am not good at at combining jobs. wait for seniors to respond.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

zahidb786
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Posts: 15
Joined: Wed Dec 05, 2018 2:32 pm
Pakistan

Re: Job creation pre April

Post by zahidb786 » Wed Dec 05, 2018 5:20 pm

Thank you for your reply we are going to claim from December 2017 till November 2018.

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Job creation pre April

Post by CULLINAN » Wed Dec 05, 2018 5:25 pm

zahidb786 wrote:
Wed Dec 05, 2018 5:20 pm
Thank you for your reply we are going to claim from December 2017 till November 2018.

Yea but you said you were going to claim from 1st Dec which you cant as its already 5th Dec today. For example if you apply today you can only go back till 5th Dec 2017 and so on

You can claim only 12 months immediately before the date of your application so count till there.

The rule is 30 hours a week. You need 104 weeks of FT employment. As you are pre-April 2014 you can have multiple jobs as long as you have 104 weeks of FT job creation in the last 12 months from date of your application
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

zahidb786
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Posts: 15
Joined: Wed Dec 05, 2018 2:32 pm
Pakistan

Re: Job creation pre April

Post by zahidb786 » Wed Dec 05, 2018 6:22 pm

I mean 1st of December 2017 till 30/11/2018 that makes 12 months

zahidb786
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Posts: 15
Joined: Wed Dec 05, 2018 2:32 pm
Pakistan

Re: Job creation pre April

Post by zahidb786 » Wed Dec 05, 2018 8:07 pm

I am still looking forward to hear back from the senior members of the forum especially
Zimba,marcnath and CR001 ???????????????
Your cooperation will be highly appreciated

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Job creation pre April

Post by CULLINAN » Wed Dec 05, 2018 9:22 pm

zahidb786 wrote:
Wed Dec 05, 2018 6:22 pm
I mean 1st of December 2017 till 30/11/2018 that makes 12 months
you are not getting the point. The rule is that you have to show job creation for 12 months AFTER the extension. The only exemption is that if your extension was granted less than 12 months ago from your ILR date then you can claim for job creation for the last 12 months “immediately” from the date of your ILR.

In your case extension was granted in June 2018 and you are applying in December 2018 so you qualify for the exemption mentioned above.

BUT note you can only claim job creation for the last 12 months immediately from your date of ILR.

If you want to count from 1st Dec 2017 then you should have applied on 1st Dec 2018 so that way you could count 12 months immediately before your ILR date (hypothetical situation)

Since now its already 5th Dec today you cant go back 12 months till 1st Dec. You will only be able to go back 12 months from “date of your ILR” so lets say if the earliest you apply is for example on 10th Dec 2018, you can only claim job creation for the last 12 months from that date that will be upto 10th Dec 2017 or if you apply on 12th Dec 2018 you can only go back till 12th Dec 2017 and so on.

Hope that makes sense.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
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Re: Job creation pre April

Post by CULLINAN » Wed Dec 05, 2018 9:32 pm

Were you granted extension in June 2017 or June 2018 )was that a typo error in your first post)?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

zahidb786
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Posts: 15
Joined: Wed Dec 05, 2018 2:32 pm
Pakistan

Re: Job creation pre April

Post by zahidb786 » Fri Dec 07, 2018 3:47 pm

June 2018

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aman90
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Posts: 1684
Joined: Wed Dec 24, 2014 8:41 pm
United Kingdom

Re: Job creation pre April

Post by aman90 » Sat Dec 08, 2018 4:18 am

zahidb786 wrote:
Wed Dec 05, 2018 3:25 pm
Dear respected members,

This forum helped me a lot during my extension. i was filling my Set O application
form after completing 5 year on Tier 1 Entrepreneur on 50k Psw route as a team.

initial visa granted 23/12/2013

extension granted 04/06/2018

my question is regarding job creation we are sending FPS from 1st December 2017 till 30th NOV 2018. That’s fine. You can add Dec 18 as well
job 1
1 employee 9 months full time ( 120 hrs per month)Total 1080 hours from 01 Jan 2018 till 30/11/18

2 employee part time 9 months ( 64 hrs per month) Total 576 Hours 01 DEC 2017 till 31/08/2018

3 employee part time 12 month ( 255 hrs in 12 months) Total 255 Hours 01 DEC 2017 till 30/11/2018

4 EMPLOYEE part time 8 months ( 81 hours in 8 months ) 01 DEC TILL 30/11/18

Total Hours in job 1 : 1992 Hours


job 2

1 employee part time 12 months ( 576 hours in 12 months) 01 DEC TILL 30/11/18

2 EMPLOYEE part time 12 months ( 644 hours in 12 months ) 01 DEC TILL 30/11/18

3 EMPLOYEE part time 12 months ( 223 hours in 12 months ) 01 DEC TILL 30/11/18

4 employee part time 10 month ( 174 in 10 months) Total 174 Hours 1st Feb 2018 till 30/11/2018

Total Hours in job 2 : 1617 Hours.
Note: None of the employee worked more than 30 Hours per week.


My question is do I meet job requirement for ILR as i Entered the route before April 2014?
and also

when i was filling the online from it says, provided each month it must be 120 hours
now only in December 2017 i do not have 120 hours for one of the job but the rest its over 120 hrs each month.
From the look of it..you qualify given IF the HO totals the number of hours in the manner you have.
Instead of totalling the number of hours can you do a monthly break down rather then stating as you have e.g 81 hrs in 8months.

in online form it says that give any absence period from the UK even its short ?
Yes and what’s concerning you here?
Can i combine the hours to claim the jobs as i received my extension in june 2018.
If that’s how you received it then it’s a possibility but each caseworker has their own understanding.
So let’s try to be precise as possible otherwise do you really want to explain yourself later.

i am confused about it, s it for people who lived away for more than 12 months or every one,?
What gave you that idea? ILR has a continuous period requirement.

I will be very grateful if senior members can enlighten it?

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