10+ Employment Accelerated rout, Claim Period for ILR

[CR001]

Topics merged!!!

[libra71pk1]

CR001 has just wrote "Topics Merged" but no comments were made on my query.

I will be very thankful if my point is addressed please.

that when I have maintained 10+FTE employment for 14 continuous months till 31 March 2020 then is it must to maintain all the employee in the month of April 2020 as well and no one should be furloughed because I am going to submit my ILR application on 15 May 2020.

OR I can furlough few employees in April and it will not out any bad impact on my case because I already have maintained them for 14 months.

OR I can just submit the employment details till 31 March 2020 and exclude the month of April 2020 while submitting the ILR application on 15 May 2020

Please reply with your expert opinion

[zimba]

CR001 has just wrote "Topics Merged" but no comments were made on my query.

I will be very thankful if my point is addressed please.

that when I have maintained 10+FTE employment for 14 continuous months till 31 March 2020 then is it must to maintain all the employee in the month of April 2020 as well and no one should be furloughed because I am going to submit my ILR application on 15 May 2020.

OR I can furlough few employees in April and it will not out any bad impact on my case because I already have maintained them for 14 months.

OR I can just submit the employment details till 31 March 2020 and exclude the month of April 2020 while submitting the ILR application on 15 May 2020

Please reply with your expert opinion

If you read the Tier 1E guide (which you clearly did NOT read) it says the jobs do NOT need to exist during ILR or even be continuous. You can furlough your employee without having any effect if you already meet the requirements

[libra71pk1]

Thank you very much for the reply. However, the guideline only covers 02 employment category, and there was a difference in the original Pre COVID-19 guidelines as well that for 10 employment category it was must to continue the 10 employee payroll till the last month till qualifying period is completed and the ILR application is made.

My concern is still the same that my last payroll month is April before ILR application on 15 May, that should I keep 10 employee in April or it would be fine if payroll RTI show some employee are furlough in 10 employment case as well?

Please re-view your opinion inline with my concern if it is valid.

[zimba]

Thank you very much for the reply. However, the guideline only covers 02 employment category, and there was a difference in the original Pre COVID-19 guidelines as well that for 10 employment category it was must to continue the 10 employee payroll till the last month till qualifying period is completed and the ILR application is made.

My concern is still the same that my last payroll month is April before ILR application on 15 May, that should I keep 10 employee in April or it would be fine if payroll RTI show some employee are furlough in 10 employment case as well?

Please re-view your opinion inline with my concern if it is valid.

There has NEVER been such requirement that jobs must exist till the last month for accelerated ILR. Where did you get such idea ??! NOTHING has changed and ILR rules remain the same. The ONLY change is that time spent as a furloughed worker simply will NOT count towards job creation criteria. If you already created 10 roles lasted for 12 months each, nothing will affect you.