ILR related to a overturned T1 Enterpreneur extension

[LCN]

Thanks first for all your help in advance! Wish I will get some help from here and wish people having the same issue may beneficial from the answers.

The initial T1 entrepreneur Visa was granted in Jan 2013.
The extension application made in Feb 2016 was refused, refusal letter received in June 2016 but dated on 02/03/2016.
AR submitted in July 2016, but has been refused as well.
PAP submitted in Aug 2016.
JR was issued in Sep 2016, the main argument was the “Evidential Flexibility Policy” has not been applied when HO made their decision.
Eventually, in Jan 2019, HO accepted the Consent Order to review my case before the hearing date of JR, also allow me to submit further evidence which will against to the refusal letter dated in Mar 2016.

All the documents submitted by the end of Jan 2019,and a further 24 months leave has been granted from Feb 2019 to Feb 2021.

The questions are:

1, When can I apply for the ILR?
2, In which period of the job creation can be relied on for the ILR application?

Many Thanks!

[aman90]

Thanks first for all your help in advance! Wish I will get some help from here and wish people having the same issue may beneficial from the answers.

The initial T1 entrepreneur Visa was granted in Jan 2013.
The extension application made in Feb 2016 was refused, refusal letter received in June 2016 but dated on 02/03/2016.
AR submitted in July 2016, but has been refused as well.
PAP submitted in Aug 2016.
JR was issued in Sep 2016, the main argument was the “Evidential Flexibility Policy” has not been applied when HO made their decision.
Eventually, in Jan 2019, HO accepted the Consent Order to review my case before the hearing date of JR, also allow me to submit further evidence which will against to the refusal letter dated in Mar 2016.

All the documents submitted by the end of Jan 2019,and a further 24 months leave has been granted from Feb 2019 to Feb 2021.

The questions are:

1, When can I apply for the ILR?
2, In which period of the job creation can be relied on for the ILR application?

Many Thanks!

Congrats.. what an ordeal!

Are you running the business and the employees as usual to date?
You should be eligible to apply for ILR immediately under continuous residence and can only use job creation 12 months preceding date of ILR application.

[CULLINAN]

Thanks first for all your help in advance! Wish I will get some help from here and wish people having the same issue may beneficial from the answers.

The initial T1 entrepreneur Visa was granted in Jan 2013.
The extension application made in Feb 2016 was refused, refusal letter received in June 2016 but dated on 02/03/2016.
AR submitted in July 2016, but has been refused as well.
PAP submitted in Aug 2016.
JR was issued in Sep 2016, the main argument was the “Evidential Flexibility Policy” has not been applied when HO made their decision.
Eventually, in Jan 2019, HO accepted the Consent Order to review my case before the hearing date of JR, also allow me to submit further evidence which will against to the refusal letter dated in Mar 2016.

All the documents submitted by the end of Jan 2019,and a further 24 months leave has been granted from Feb 2019 to Feb 2021.

The questions are:

1, When can I apply for the ILR?
2, In which period of the job creation can be relied on for the ILR application?

Many Thanks!

1) You are eligible for ILR ONLY if you have qualified for your job creation also (read below)

2) Provided if you have created any employment during your waiting period you will be able to use all employment 12 months immediately before the date of ILR application.

Lets say you have created 24 months of employment during your waiting period so you are eligible to apply now. But note you can benefit from tranistional arrangements only if you apply before 6th April 2019.

If you dont have any employment creation in the waiting period, then you will need to have 2 FT jobs for 12 months each AFTER extension that is after Feb 2019.

Lets say you apply in Dec 2019, you still can use 12 months before ILR application but it will be 2 FT jobs for 12 months each as transitional arrangements would have end.


Conclusion: So you can claim employment 12 months immediately before ILR date ONLY if your ILR date is less than 12 months from date of extension but do keep in mind the transitional arrangment ending on 6th April 2019.

[CULLINAN]

Clarification: When I said created 24 months of employment in waiting period (2nd para point 2 as above) that means in a combination of employees that is only in the last 12 months before ILR application***

[LCN]

Thanks aman90, tier11417 !

You should be eligible to apply for ILR immediately under continuous residence and can only use job creation 12 months preceding date of ILR application.
Provided if you have created any employment during your waiting period you will be able to use all employment 12 months immediately before the date of ILR application.

Does it mean if I will apply ILR in Mar 2019, the only job creation I can use is from Mar 2018--Feb 2019?

[aman90]

Essentially...
E.g application date 01.03.19
Job creation: 01.03.18 -28.02.19, Mar 18-Feb 19
RTI-FPS

[LCN]

Thanks again.

Does the 2PT = 1FT still applicable after 06 Apr 2019?

The both 2PT jobs are exist more than 12 months.

Each PT job may have different worker in different period eg. month 1-2 by worker A, month 3-7 by worker B, and month 8-12 by worker C.

The working hours required per week also different in different period according to the actual business needs, eg. month 1-4 needs 20 hrs/week, month 5-6 needs 15 h/w and month 7-12 needs 25hs/w.

The total working hours of the 2PT jobs are greater than 30hrs/w.
Can these 2PT be treated as 1FT?

[aman90]

Thanks again.

Does the 2PT = 1FT still applicable after 06 Apr 2019?

The both 2PT jobs are exist more than 12 months.

Each PT job may have different worker in different period eg. month 1-2 by worker A, month 3-7 by worker B, and month 8-12 by worker C.

The working hours required per week also different in different period according to the actual business needs, eg. month 1-4 needs 20 hrs/week, month 5-6 needs 15 h/w and month 7-12 needs 25hs/w.

The total working hours of the 2PT jobs are greater than 30hrs/w.
Can these 2PT be treated as 1FT?

Sounds about right.as long as the PT jobs have existed for a minimum of 12 months and the hours exceed 120 per month. Have you consulted the guidance on Job creation..its quite straight forward.

[LCN]

Thanks again.

As HO decided to apply the evidential flexibility policy which should be done by 3 years ago,and overturned their decision made in Mar 2016,from my understanding, my T1E should be extended far way earlier, in Jan 2018, I could successfully apply for the ILR by using the job creation in between Feb 2016 and Jan 2018.
Now, as aman90 and tier11417 said, I can only use the job creation within 12 months immediately before the ILR application, I’m just want to ask twice, does it really apply to my case?

If I would like to apply the ILR now, what about the job creation during Feb 2016 and Jan 2018, are these jobs are not countable at all? It will significantly affect the success of my ILR application coz I should be able to use the pre 06 April 2014 rules which will ends on 6 April 2019.

Anyone else got a different thought, or I can only take the consequences of the 3 years delay of my visa extension but not caused by my fault.

[CULLINAN]

Thanks again.

As HO decided to apply the evidential flexibility policy which should be done by 3 years ago,and overturned their decision made in Mar 2016,from my understanding, my T1E should be extended far way earlier, in Jan 2018, I could successfully apply for the ILR by using the job creation in between Feb 2016 and Jan 2018.
Now, as aman90 and tier11417 said, I can only use the job creation within 12 months immediately before the ILR application, I’m just want to ask twice, does it really apply to my case?

If I would like to apply the ILR now, what about the job creation during Feb 2016 and Jan 2018, are these jobs are not countable at all? It will significantly affect the success of my ILR application coz I should be able to use the pre 06 April 2014 rules which will ends on 6 April 2019.

Anyone else got a different thought, or I can only take the consequences of the 3 years delay of my visa extension but not caused by my fault.

Your previous history has nothing to do with job creation for ILR. The guidance clearly says you need 2 FT jobs or equivalent (if you fall under transitional arrangements) during the LAST grant of leave you have (that is after your extension is approved).

The only exception to this rule is, if your ILR date is within 12 months of extension date, then you can claim for 12 months immediately before the date or ILR.

There is no other way round.

If you apply AFTER 6th April 2019, you need 2 FT JOBS that existed 12 months each AFTER extension or immediately 12 months before the date of ILR if you fall under exception rule as stated above.

[CULLINAN]

Thanks again.

As HO decided to apply the evidential flexibility policy which should be done by 3 years ago,and overturned their decision made in Mar 2016,from my understanding, my T1E should be extended far way earlier, in Jan 2018, I could successfully apply for the ILR by using the job creation in between Feb 2016 and Jan 2018.
Now, as aman90 and tier11417 said, I can only use the job creation within 12 months immediately before the ILR application, I’m just want to ask twice, does it really apply to my case?

If I would like to apply the ILR now, what about the job creation during Feb 2016 and Jan 2018, are these jobs are not countable at all? It will significantly affect the success of my ILR application coz I should be able to use the pre 06 April 2014 rules which will ends on 6 April 2019.

Anyone else got a different thought, or I can only take the consequences of the 3 years delay of my visa extension but not caused by my fault.

I waited for my extension for 16 months. There are many people who waited for their extension for 18-19 months. So we all should be able to use all our waiting period then as per you say??

The 16 months waiting was not my fault either but I cant use that for my ILR. I could only use a portion of my waiting period (4 months) cz I fall under the exception rule. The rest 12 months of waiting period were wasted for job creation.

Thats the hard unfortunate reality.

[aman90]

Fortunately or unfortunately being granted a visa is a privilege not a right..
Job creation is assesssed twice. Before and after ext. The rules were revised just last year to accommodate applicants like urself..
Redressed by considering the job creation period for “after extension” as 12 months immediately preceding the date of ILR application.