Advice needed regarding Employment after Extension

[regularuser]

Hi Everyone,

Thanks for your support throughout my extension.
Now I need advice regarding Employment after extension.
Currently I have 2 settled worker since I made an extension application in end of April. I got extension in Mid of November. One employee is Full time and Second one is part time.
Now I am bit confused for requirement for 3+2 settlement. I got my Initial visa in April 2013 so I was on transitional arrangement. I have few questions.

1) From Above scenario with 2 employees, How many hours required to qualify ?
2) If i got another part time employee for 6 months will it fulfill the condition ?
3) My employee hour clock start from Mid November 2016 or May 2016 ?

Look forward to your responses

Thanks

[nasiaziz]

You need to keep the jobs u created during ur intial period of visa thru which u got extention.
if you keep same employees in the two years of ur extended visathen you will qualify. If those jobs were lost you would need to.create them again.
You just need to maintain the jobs during ur two years.

[zimba]

Discussed many many times on the forum You must create 3120 hours AFTER your extension was granted to be eligible for ILR

[regularuser]

Thanks Zimba & nasiaziz for prompt reply.

Zimba,

So it means I need 3120 hours to qualify for ILR. Only one thing confusing me is I have to count that 3120 from May 2016 or Mid november 2016 ?

[helpingperson]

I understand from guidance that one can apply for ILR after being 5 years on Entrepreneur visa, so you should be claiming employees from May2016 even though you got extension in Nov2016.

Zimba,

Please could you provide your input on this?

Thank you.

[nasiaziz]

No that will count after ur extention was granted so from november

[regularuser]

No that will count after ur extention was granted so from november

Thanks for reply but if possible can you please highlight where is written in guideline that clock start from after extension.

[nasiaziz]

The new guidance read it

[helpingperson]

The new guidance read it

nasiaziz

Please quote the text from guidance here which confirms that it is from extension that employees can be claimed?

I don't see anything in guidance supporting this.

It clearly says in guidance that after being 5 years on this visa, one can apply for ILR.

202. You can apply for settlement under Tier 1 (Entrepreneur) once you have reached five
years continuous leave in the United Kingdom under the route.

205. Your qualifying period can include time from the date of your initial application (for entry
clearance or leave to remain) was approved.


https://www.gov.uk/government/uploads/s ... 1_2016.pdf

[zimba]

Jobs MUST exists for at least 12 months AFTER your extension is granted, based on immigration rules Appendix A Table 6:

Where the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months during the most recent grant of leave.

[hassansahebiasl]

Discussed many many times on the forum You must create 3120 hours AFTER your extension was granted to be eligible for ILR

Hi Zimba and everyone else,

Is this 3120 hours per employee after the date of approval of the extension or the date we applied ?

If it is after the date of approval then obviously we can't get ILR in 5 years as most of us have already spent a year just waiting for the extension ! So I take it as they should be counting the employment hours during the 8 or 9 months of waiting for the extension as well, right ?

[hamalt66]

Discussed many many times on the forum You must create 3120 hours AFTER your extension was granted to be eligible for ILR

Hi Zimba and everyone else,

Is this 3120 hours per employee after the date of approval of the extension or the date we applied ?

If it is after the date of approval then obviously we can't get ILR in 5 years as most of us have already spent a year just waiting for the extension ! So I take it as they should be counting the employment hours during the 8 or 9 months of waiting for the extension as well, right ?

Interesting point Hassan is raising! Since employees are already working and getting paid, not sure why is their work not being counted; given the fact that some applications are taking over 8 months of consideration!

Here is what the guidelines (Tier 1(Entrepreneur) Policy Guidance version 11/2016 - Page 54) says regarding this:

 You can only score points for employment activity from your most recent extension period
of leave.
 You cannot claim points for any employment activity from your initial period of leave (as
this can only be used to score points for your first extension application).

[zimba]

Is this 3120 hours per employee after the date of approval of the extension or the date we applied ?

YES. Employment created on Section 3C will NOT be counted towards your ILR !

If it is after the date of approval then obviously we can't get ILR in 5 years as most of us have already spent a year just waiting for the extension ! So I take it as they should be counting the employment hours during the 8 or 9 months of waiting for the extension as well, right ?

Who said that you MUST get ILR in 5 years ??? Also many applications do NOT take 8 months !!! You can apply for ILR when FULLY ELIGIBLE ONLY.
You CAN apply when you meet ALL THE CONDITIONS OF ILR in your route, ONE of which is having lived in the UK for 5 years legally. Otherwise you have to apply when FULLY eligible and HO will use your MOST recent 5 year period of stay.

[hamalt66]

So the period of Leave to Remain applicants get after approval of extension is 2 years from the date of approval?

[zimba]

So the period of Leave to Remain applicants get after approval of extension is 2 years from the date of approval?

YES, your extension visa period is TWO FULL YEARS no matter how long you have waited !!