ILR application dates

[ent2ILR]

Hi all,

Compliments of the season and hope everyone could at least rest during the holidays.

I have recently received my extension after waiting for close to 9 months. Application done by self and there was no reason for the delay.

My question really is regarding applying for the ILR. Tier 1 Extension Visa first issued in March 2013 and Extension granted in December 2016.

Can i apply for the ILR in March 2018 (that's if all requirements had been fulfilled i.e employee continuation) or would have to wait till December 2018?

Many thanks in advance for your answers and i wish those who are still waiting to hear back get a successful outcome.

Have a great day.

[CR001]

Can i apply for the ILR in March 2018 (that's if all requirements had been fulfilled i.e employee continuation) Yes

[ent2ILR]

Thanks for your reply.

[seasky]

There is a technicality to be aware of. It says 2 employees since last period of leave. Since extension took 9 months you have only1 yr 3 months to fulfil that (e.g. one employee working for two years wouldn't do and is allowed based on the pre apr 14 rules)

[cappachino]

Hi all,

Compliments of the season and hope everyone could at least rest during the holidays.

I have recently received my extension after waiting for close to 9 months. Application done by self and there was no reason for the delay.

My question really is regarding applying for the ILR. Tier 1 Extension Visa first issued in March 2013 and Extension granted in December 2016.

Can i apply for the ILR in March 2018 (that's if all requirements had been fulfilled i.e employee continuation) or would have to wait till December 2018?

Many thanks in advance for your answers and i wish those who are still waiting to hear back get a successful outcome.

Have a great day.

Congrats
You are right 9 months is a long time.
Were you interviewed or did HO ask for additional documents ?

[zimba]

There is a technicality to be aware of. It says 2 employees since last period of leave. Since extension took 9 months you have only1 yr 3 months to fulfil that (e.g. one employee working for two years wouldn't do and is allowed based on the pre apr 14 rules)

Good point to be aware of

[ent2ILR]

Morning and thanks for the reply and the information you have highlighted.

"There is a technicality to be aware of. It says 2 employees since last period of leave. Since extension took 9 months you have only1 yr 3 months to fulfil that (e.g. one employee working for two years wouldn't do and is allowed based on the pre apr 14 rules)"

I noted that when i read the November 2016 guidance some days and was concerned about the 2 employees from the last period of leave. Please Permit my question but i'd appreciate some clarity.

Does it mean my employee records would only count from December 2016 when the extension was approved? In which case i can only apply for ILR by December 2018?

Alternatively, can we go through the route (been working for 5 years for the company) and apply in March 18?! If there's any route like that:)

I'm in no rush at all to do it in march though... better to get the requirements right and apply when it's right.

As per the pre 2014 rules, i think i am ok to have 1 employee for the 24 months also?

Also, please while I'm still here, do we follow the guidance at the point of application (March 2016) or would it be the guidance at the time of approval Nov 2016?

Many thanks again everyone and have a great day.

[ent2ILR]

Hi cappachino

Thanks a lot for the message.

I applied in March (it was so hectic and i guess i left it a bit late.. well i had started in June 15 to understand what i needed but then abandoned everything till Dec 15)

My advice to anyone who reads this is to please don't leave it too late as you can't control the accountants and they also have a lot of people who are applying.

Back to mine, i submitted just want the needed and although i had printed out adverts, contracts etc, a relation who was helping with the review of my documents had advised me just to submit what was required and that if they needed any information they would come back to me.

Indeed they did, interview letter arrived in June and i had 10 days to prepare.

Really wanted to attend with a lawyer but then he said there was no need as i should be able to answer all questions relating to my business.

He actually clearly said if i go with you then and charge toy XXX, i would only just sit there and not be able to say a word.

Truth is, the interview letter and the bit re curtailment was a bit scary or should i say dramatic as though you had committed one crime.

I am not saying don't go with Lawyers if one is invited, just know all about what you do and be confident. Sometimes people like going with a 3rd party for the extra support or to take notes etc in case something else comes up.

Well, long story but i had to prepare for the interview ( i had printed all my documents again as per the lawyers advice) and went in.

The interview day / what happened is another very long story (camera got bad had to do audio)

The interviewer at some point said to me (we didnt ask you to bring all your office here) well the lawyer had said it was good to print out the documents and any additional just in case they asked for additional, or said i hadn't submitted a particular document.

Someone might read this and say "but they sent you a letter saying don't come with any doc". Well, i got the email inviting me to attend an interview and do a biometric and would get a letter.

I sent them an email asking if i had to do another biometrics, once they said no, i didn't bother checking with the concierge if i had received another letter till after my interview.

So when she said that at the interview, quickly i scanned my brain to see if the letter i had received via email had said that.

Actually no, the email copy only said this is your opportunity to alter or change any document or information you had provided.

Anyway i convinced her i was not going to refer to any document again and answered the questions asked. I didn't even submit the additional documents i took (business plan for the next 2 years / contracts and proposal etc.

after the interview and on checking with the concierge i found out they had sent a letter via the post and that had FAQs's (one question was are you allowed to come in with any documents / refer to any documents? and the answer was no)

right there i thought should i write to UKVI to explain that i had only just received this letter after my interview.. well i didn't want to complicate matters so left it and didn't contact them.

In summary, the process for me was stressful from beginning... submitted documents and somehow used parcel force thinking i was paying for special delivery so it arrived after my visa had expired .. in my head i was thinking should i write to them with evidence i submitted early (again i didnt as i said i had answered no to the question on the application form "are u submitting after visa has expired...")

I know this has been long to read but i hope it helps someone out there preparing to apply..

Some people say just submit what is asked / some say add additional documents.. i cant advise.. my suggestion is show it to a third party (relation / friend / who obviously has spent time reading and understanding the guidance and the case workers guidance / notes)

can they understand your application? Start early with the accountants (believe me with some of them, yours would be the first they are doing.. check their letters and your accounts very well)..
do you need to explain that you are a true entrepreneur well on the application (maybe for some who don't like interviews), then explain it well so that even a lay man can pick the application and understand what it is your business does and how you get clients etc.

Finally, trust in the Lord to help you add just what is needed to the application to come back successful.

I had never been denied a visa so the wait period was the worst time of my life... i called them daily .. no updates..sent update request letters via lawyers still no update..it was crazy but I'm glad it came back successful.

All the best to everyone who's applying and waiting x

[zimba]

Does it mean my employee records would only count from December 2016 when the extension was approved? In which case i can only apply for ILR by December 2018?

Employment must continue for another 12 months AFTER the extension is approved, OR create 24 months of new employment during your extension period.

Alternatively, can we go through the route (been working for 5 years for the company) and apply in March 18?! If there's any route like that:)

No such route

As per the pre 2014 rules, i think i am ok to have 1 employee for the 24 months also?

Yes, you also have enough time to fulfil 24 months of employment until March 2018. You can hire even 4 people for 6 months for example.
Applying in March 2018 is easily achievable for you

Also, please while I'm still here, do we follow the guidance at the point of application (March 2016) or would it be the guidance at the time of approval Nov 2016?

You must follow the most recent rules. However ministers will not suddenly change all the rules for everyone as that will be unfair.
You can expect the rules of ILR to remain pretty much the same.

[ent2ILR]

Afternoon zimba88

Thank you so much for your reply. It has answered all my questions.

Have a great day

[cappachino]

What was your time line?

[ishfaqsangra]

Just trying to understand as this bit created a little confusion.
Lets say the OP is pre April 14 and under transitional arrangements.
If he has continued the employment (let's say a full time employee)during the application process (which took 9 months) and keep on employing the same for another 1 year 3 months.
My undetstanding is he should be fine?
Although approval is in December but it will be valid from the expiry of the previous. .Am I right?
I m just confused with approval and valid from than time span of 2 years for job creation.
Please comment. ...
If the employment has been continously throughout the process of application that period can not be disregarded?

[zimba]

Rules require you to create new jobs or continue your jobs during your extension period for 24 months.
The processing period is NOT counted as that period is technically 'your initial visa' being stretched under section 3C.

[ent2ILR]

Hi cappuccino,

Timeline as follows:

Application sent: March 2016
Biometrics: April 2016
Notification that i might get invited for an interview or receive decision May 2016
Interview: June 2016
BRP, Passport &IHS refund: December 2016 ( all received same day)

[cappachino]

Hi cappuccino,

Timeline as follows:

Application sent: March 2016
Biometrics: April 2016
Notification that i might get invited for an interview or receive decision May 2016
Interview: June 2016
BRP, Passport &IHS refund: December 2016 ( all received same day)

Thanks
Did u contact your MP after your interview

[ishfaqsangra]

Rules require you to create new jobs or continue your jobs during your extension period for 24 months.
The processing period is NOT counted as that period is technically 'your initial visa' being stretched under section 3C.

If that is the case then the extension should be given for 2 years from the data of approval(in OP Case form Dec 2016 to Dec 2018),,is that the case?
I understand that if the VISA Validity is starting from the last expiry and there has been continuous employment in those months , they should be counted as the applicant has successfully applied for extension?

Lets take an example, I applied in time and it took 18 Months in decision ,my Visa will be valid from previous expiry date so I have already passed 18 months of extension and now only left with 6 MONTHS to provide 2 separate employments for 12 Months(according to new rules being applied on me suppose)
I do not think so, what do you think?

[zimba]

If that is the case then the extension should be given for 2 years from the data of approval(in OP Case form Dec 2016 to Dec 2018),,is that the case?
I understand that if the VISA Validity is starting from the last expiry and there has been continuous employment in those months , they should be counted as the applicant has successfully applied for extension?

Yes that is the case. Your extension will be granted for full two years no matter how long you waited. Your time spent on Section 3C is NOT the extension period.

Lets take an example, I applied in time and it took 18 Months in decision ,my Visa will be valid from previous expiry date so I have already passed 18 months of extension and now only left with 6 MONTHS to provide 2 separate employments for 12 Months(according to new rules being applied on me suppose) I do not think so, what do you think?

You are wrong. Your new visa will be granted from the point it was approved, for the period of two years. The 18 months wait will simply be legal stay under Section 3C. That is the whole point of Section 3C !!

[ishfaqsangra]

Thanks Zimba,

[Jazz2007]

Rules require you to create new jobs or continue your jobs during your extension period for 24 months.
The processing period is NOT counted as that period is technically 'your initial visa' being stretched under section 3C.

If that is the case then the extension should be given for 2 years from the data of approval(in OP Case form Dec 2016 to Dec 2018),,is that the case?
I understand that if the VISA Validity is starting from the last expiry and there has been continuous employment in those months , they should be counted as the applicant has successfully applied for extension?

Lets take an example, I applied in time and it took 18 Months in decision ,my Visa will be valid from previous expiry date so I have already passed 18 months of extension and now only left with 6 MONTHS to provide 2 separate employments for 12 Months(according to new rules being applied on me suppose)
I do not think so, what do you think?

Rules about Job Creation during Extension Period


During their extension period of leave
Maintain the 2 jobs created in their initial leave for a further 12 months, or Create 2 more jobs which exist for 12 months, if the 2 jobs created during their initial period of leave have ceased to exist.

They are applying for a second extension or 5 year settlement application
Assess the employment activity from the extension period of leave.