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alijafri wrote: ↑Mon Nov 06, 2017 10:14 pmHi Marc
Firstly, thankyou for your support regarding my visa queries. You have been very kind and helpful in my extension process.
Moving forward, I am just going to be as annoying as before with my questions in regard to my next extension hopefully. Since I would like to prepare well in advance, can you please help me with following queries:
1. I got Initial visa in March 2014. Entered in May 2014. Extension in End Oct 2017 till End Oct 2019. When will I be able to apply for my ILR extension - Oct 2019 (as 5 years of valid visa will be in Oct 2019) or May 2019 (as I will have technically spent 5 years already by May 2019) ? ==> Actually March 2019 - you can count March to May as absence as long as total for the year does not exceed 180 days.
2. Since my visa was granted Pre April 2014, will I be covered under old (pre Apr 2014) rules for job creations for my ILR as well ? ==> Yes.
3. If so, can I continue to employ my 2 FT employees / have 1 FT + 1 PT for 24 months / 1 FT + 1PT for 12 Mo + 1PT for same 12 Mo - any combination - Is that the case ? ==> Yes.
4. I still had my employees working for me from Jul 2017 - Oct 2017 and obviously still working - So Technically, have i lost these 4 months (when my visa was in process) and cant claim these 4 months in terms of job creation at the time of ILR ? Or I can count these 4 months which means I only have 8 more months (for requirement to be met for job creation only) ? ==> You need 12 months after grant of extension .
5. In a nutshell, For ILR, now only requirement will be Job Creation/continuity, Business continuity and Maintenance ? is that correct ? ==> Maintainence is not needed. You have life in the uk test to be done
6. Any other thing I need to be watchful of and plan ahead in terms of ILR extension based upon your experience / opinion ? ==> Get your LIUK test done early.
Thanks and look forward to hearing from you,
alijafri wrote: ↑Tue Nov 07, 2017 9:52 pmMarc
Thank you for your response.
1. So I wouldnt have to submit my English, Maintenance, Investment proofs again. Just the Life in UK, Job continuity and Business Continuity ? Correct ? ==> Yes. But there is also a requiremetn to show that you will not be dependant on benefits - no clear criteria. And of course, the genuine entrepreneur test.
2. My wife and childs visa expires the same time - can they apply with me as well ? ==> Yes, if they meet the residence requirments
3. My wife will have spent 3 years in uk by then ? Will she still get a restricted dependent visa ? Or will she have ILR with me as well ?==> Since it is not five years, you should apply for her PBS dependent visa, which will be given for two years. Maintenance fund has to be shown for that
4. Does she have to take LIUK test as well and also English test ? ==> LIUK, but only when she is eligible for ILR
Thanks
alijafri wrote: ↑Tue Nov 07, 2017 10:22 pmHi Marc
Means
1. for now, only I will have to take LIUK test. Yes
2. My wife will have to take ielts and LIUK when she is eligible for ILR ? Should not need the language.
3. My baby is born in UK, however will she also have to spend another 2-3 years after 2019 before a final settlement ? Your baby can apply for Citizenship once you get your ILR. No need to wait.
4. At my ILR, will my wife get a dependent visa that time as well which restricts her from being a doctor in training just like she got this time ? Or she will get an unrestricted one because of my ILR ? It is still a PBS dependant visa, so has the same conditions.
Absence does not affect extension at all. In your wife's case, it will not affect her ILR either. It will only have an impact for absences after the next extension.alijafri wrote: ↑Mon Jan 22, 2018 5:26 pmHi Marcnath
An urgent query - if you can kindly look into it plz.
1. My wife has gone outside UK in last week december 2017. She needs to complete her study training which will take her another 6 months - she will return end of June 2018 or early July 2018. So in total more than 180 continuous days outside UK. How will this affect her next visa extension/ILR ?
Yes, it does under the new rules but only for entry/extension Visa granted after 11 January 2018.
No, there is no impact on children born in UK