When should I be able to apply for ILR?

[hamalt66]

Hi all, it's been almost a year since I have posted here. This forum is a heaven sent indeed and I wish I have come across it before my first extension and refusal, it would have saved me lots of time and money.

Anyways, I am back seeking help and guidance from the experts in the forum, especially Zimba whom I have bombarded with zillions of questions last year, and was always patient and accurate in answering them.

I have a problem deciding when exactly am I eligible to apply for my ILR. Here is my timeline:

1- Tier 1 Entrepreneur Visa granted 4th January 2013.
2- First application Extension submitted 5th April 2016.
3- Visa expired 5th May 2016 (from this date I was covered by section 3C).
4- Refusal decision reached me on the 3rd of November 2016. Reason: Missing documents.Although I was instructed to apply for AR within 14 days of receiving the decision letter, but I went for fresh application instead to resubmit the missing documents.
5- Fresh (2nd) application submitted on 17th November 2016.
6- Extension Approved on 27 January 2017.


I am still operating the same company since 2013, and continue to employ more than 2 employees full-time since then.

So from my timeline above, please can you help me decide when is the date I should be looking to apply for my ILR?

Many thanks in advance for your kind kind input and feedback.

[marcnath]

You are eligible to apply for ILR anytime from 28 days before 4th Jan 2018.
But since you need 2 full time employees after your extension date you will satisfy the job creation requirements on 26th Jan 2018 - assuming you don't employ any more employees before then.
So essentially end of January 2018 looks like the right time

[awan905]

I ve a similar situation and my 5 years on tier 1 will complete on 30 Mar 2018, though visa is valid till Dec 2018.I am thinking to apply in April 2018, based on same company and two full time employees based on 12 months each employee

[marcnath]

You are eligible to apply for ILR anytime from 28 days before 4th Jan 2018.
But since you need 2 full time employees after your extension date you will satisfy the job creation requirements on 26th Jan 2018 - assuming you don't employ any more employees before then.
So essentially end of January 2018 looks like the right time

A correction. I missed the mention "..more than 2 employees...". If so, you could probably apply somewhere around 6th of Dec 2017 as long as you had a total of 104 weeks of FT employment.

[hamalt66]

You are eligible to apply for ILR anytime from 28 days before 4th Jan 2018.
But since you need 2 full time employees after your extension date you will satisfy the job creation requirements on 26th Jan 2018 - assuming you don't employ any more employees before then.
So essentially end of January 2018 looks like the right time

A correction. I missed the mention "..more than 2 employees...". If so, you could probably apply somewhere around 6th of Dec 2017 as long as you had a total of 104 weeks of FT employment.

Thank you Marcnath, not sure I understood the "more than 2 employees" statement there. I thought we only needed to provide new or maintain 2 employments for 12 month! Can you please elaborate further. Thanks.

[hamalt66]

You are eligible to apply for ILR anytime from 28 days before 4th Jan 2018.
But since you need 2 full time employees after your extension date you will satisfy the job creation requirements on 26th Jan 2018 - assuming you don't employ any more employees before then.
So essentially end of January 2018 looks like the right time

A correction. I missed the mention "..more than 2 employees...". If so, you could probably apply somewhere around 6th of Dec 2017 as long as you had a total of 104 weeks of FT employment.

Thank you Marcnath, not sure I understood the "more than 2 employees" statement there. I thought we only needed to provide new or maintain 2 employments for 12 month! Can you please elaborate further. Thanks.

Oh Ok I get your comment regarding the "more than 2 employees", you were referring to my original post.

Talking about employees, do we have to keep the same 2 employees for 12 months or can we replace any of them during the extension period as long as there are no gabs?

I believe there have been changes in the employment rule after April 2014? But my visa was granted in 2013 so I am not sure what rules apply to my case!?

[marcnath]

Talking about employees, do we have to keep the same 2 employees for 12 months or can we replace any of them during the extension period as long as there are no gabs?

I believe there have been changes in the employment rule after April 2014? But my visa was granted in 2013 so I am not sure what rules apply to my case!?

You can change employees and you can have gaps both pre and post April 2014.

Post 2014, you need to have 2 jobs for 12 months each. So, if you were using post 2014 rules you would only have been eligible after 27 Jan because you need the full 12 months. Because you are pre 2014, you can use your other employees to make up the 24 months and apply as soon as you get to 5 years.

[PeterLove2008]

Hi all, it's been almost a year since I have posted here. This forum is a heaven sent indeed and I wish I have come across it before my first extension and refusal, it would have saved me lots of time and money.

Anyways, I am back seeking help and guidance from the experts in the forum, especially Zimba whom I have bombarded with zillions of questions last year, and was always patient and accurate in answering them.

I have a problem deciding when exactly am I eligible to apply for my ILR. Here is my timeline:

1- Tier 1 Entrepreneur Visa granted 4th January 2013.
2- First application Extension submitted 5th April 2016.
3- Visa expired 5th May 2016 (from this date I was covered by section 3C).
4- Refusal decision reached me on the 3rd of November 2016. Reason: Missing documents.Although I was instructed to apply for AR within 14 days of receiving the decision letter, but I went for fresh application instead to resubmit the missing documents.
5- Fresh (2nd) application submitted on 17th November 2016.
6- Extension Approved on 27 January 2017.


I am still operating the same company since 2013, and continue to employ more than 2 employees full-time since then.

So from my timeline above, please can you help me decide when is the date I should be looking to apply for my ILR?

Many thanks in advance for your kind kind input and feedback.

I would say probably 28 days before 24th Feb 2018?

From 17th Nov 2016 to 27th Jan 2017 (around 50 days) you are not covered by Section 3C rules, so this period of time is excluded from the 5 years ILR rules, therefore you need extra equivalent same-length of a period to be eligible for 5 years ILR. this means, from your T1E visa granted date 4th Jan 2013, you need 5 years, plus this 50 days, to be able to apply ILR based on 5 yrs.
See Section 3C rules here, page 16, Example 1:
https://www.gov.uk/government/uploads/s ... e-v8_0.pdf

[CR001]

Hi all, it's been almost a year since I have posted here. This forum is a heaven sent indeed and I wish I have come across it before my first extension and refusal, it would have saved me lots of time and money.

Anyways, I am back seeking help and guidance from the experts in the forum, especially Zimba whom I have bombarded with zillions of questions last year, and was always patient and accurate in answering them.

I have a problem deciding when exactly am I eligible to apply for my ILR. Here is my timeline:

1- Tier 1 Entrepreneur Visa granted 4th January 2013.
2- First application Extension submitted 5th April 2016.
3- Visa expired 5th May 2016 (from this date I was covered by section 3C).
4- Refusal decision reached me on the 3rd of November 2016. Reason: Missing documents.Although I was instructed to apply for AR within 14 days of receiving the decision letter, but I went for fresh application instead to resubmit the missing documents.
5- Fresh (2nd) application submitted on 17th November 2016.
6- Extension Approved on 27 January 2017.


I am still operating the same company since 2013, and continue to employ more than 2 employees full-time since then.

So from my timeline above, please can you help me decide when is the date I should be looking to apply for my ILR?

Many thanks in advance for your kind kind input and feedback.

I would say probably 28 days before 24th Feb 2018?

From 17th Nov 2016 to 27th Jan 2017 (around 50 days) you are not covered by Section 3C rules, so this period of time is excluded from the 5 years ILR rules, therefore you need extra equivalent same-length of a period to be eligible for 5 years ILR. this means, from your T1E visa granted date 4th Jan 2013, you need 5 years, plus this 50 days, to be able to apply ILR based on 5 yrs.
See Section 3C rules here, page 16, Example 1:
https://www.gov.uk/government/uploads/s ... e-v8_0.pdf

You are wrong, the OP did not apply for AR and submitted a new application within 28 days of refusal, which was granted. For ILR purpose, this period will be ignored as it is less than 28 days.

[PeterLove2008]

Hi all, it's been almost a year since I have posted here. This forum is a heaven sent indeed and I wish I have come across it before my first extension and refusal, it would have saved me lots of time and money.

Anyways, I am back seeking help and guidance from the experts in the forum, especially Zimba whom I have bombarded with zillions of questions last year, and was always patient and accurate in answering them.

I have a problem deciding when exactly am I eligible to apply for my ILR. Here is my timeline:

1- Tier 1 Entrepreneur Visa granted 4th January 2013.
2- First application Extension submitted 5th April 2016.
3- Visa expired 5th May 2016 (from this date I was covered by section 3C).
4- Refusal decision reached me on the 3rd of November 2016. Reason: Missing documents.Although I was instructed to apply for AR within 14 days of receiving the decision letter, but I went for fresh application instead to resubmit the missing documents.
5- Fresh (2nd) application submitted on 17th November 2016.
6- Extension Approved on 27 January 2017.


I am still operating the same company since 2013, and continue to employ more than 2 employees full-time since then.

So from my timeline above, please can you help me decide when is the date I should be looking to apply for my ILR?

Many thanks in advance for your kind kind input and feedback.

I would say probably 28 days before 24th Feb 2018?

From 17th Nov 2016 to 27th Jan 2017 (around 50 days) you are not covered by Section 3C rules, so this period of time is excluded from the 5 years ILR rules, therefore you need extra equivalent same-length of a period to be eligible for 5 years ILR. this means, from your T1E visa granted date 4th Jan 2013, you need 5 years, plus this 50 days, to be able to apply ILR based on 5 yrs.
See Section 3C rules here, page 16, Example 1:
https://www.gov.uk/government/uploads/s ... e-v8_0.pdf

You are wrong, the OP did not apply for AR and submitted a new application within 28 days of refusal, which was granted. For ILR purpose, this period will be ignored as it is less than 28 days.

@CR001 dear lady, why should the period be ignored when it is less than 28 days for ILR purpose? Any reference for this please?
I just knew the 3C ceased on the date before the OP submitted the 2nd fresh application till the date his new visa was granted, which was from 17th Nov 2016 to 27th Jan 2017.

[CR001]

Hi all, it's been almost a year since I have posted here. This forum is a heaven sent indeed and I wish I have come across it before my first extension and refusal, it would have saved me lots of time and money.

Anyways, I am back seeking help and guidance from the experts in the forum, especially Zimba whom I have bombarded with zillions of questions last year, and was always patient and accurate in answering them.

I have a problem deciding when exactly am I eligible to apply for my ILR. Here is my timeline:

1- Tier 1 Entrepreneur Visa granted 4th January 2013.
2- First application Extension submitted 5th April 2016.
3- Visa expired 5th May 2016 (from this date I was covered by section 3C).
4- Refusal decision reached me on the 3rd of November 2016. Reason: Missing documents.Although I was instructed to apply for AR within 14 days of receiving the decision letter, but I went for fresh application instead to resubmit the missing documents.
5- Fresh (2nd) application submitted on 17th November 2016.
6- Extension Approved on 27 January 2017.


I am still operating the same company since 2013, and continue to employ more than 2 employees full-time since then.

So from my timeline above, please can you help me decide when is the date I should be looking to apply for my ILR?

Many thanks in advance for your kind kind input and feedback.

I would say probably 28 days before 24th Feb 2018?

From 17th Nov 2016 to 27th Jan 2017 (around 50 days) you are not covered by Section 3C rules, so this period of time is excluded from the 5 years ILR rules, therefore you need extra equivalent same-length of a period to be eligible for 5 years ILR. this means, from your T1E visa granted date 4th Jan 2013, you need 5 years, plus this 50 days, to be able to apply ILR based on 5 yrs.
See Section 3C rules here, page 16, Example 1:
https://www.gov.uk/government/uploads/s ... e-v8_0.pdf

You are wrong, the OP did not apply for AR and submitted a new application within 28 days of refusal, which was granted. For ILR purpose, this period will be ignored as it is less than 28 days.

@CR001 dear lady, why should the period be ignored when it is less than 28 days for ILR purpose? Any reference for this please?
I just knew the 3C ceased on the date before the OP submitted the 2nd fresh application till the date his new visa was granted, which was from 17th Nov 2016 to 27th Jan 2017.

Page 19 in the link below under the heading at the bottom "Breaks of leave in applications submitted before 24
November 2016"

During this period, the Immigration Rules allowed you to disregard a period of
overstaying of up to 28 days before the application was made which led to the next
grant of leave.

https://www.gov.uk/government/uploads/s ... -v15.0.pdf

[PeterLove2008]

I would say probably 28 days before 24th Feb 2018?

From 17th Nov 2016 to 27th Jan 2017 (around 50 days) you are not covered by Section 3C rules, so this period of time is excluded from the 5 years ILR rules, therefore you need extra equivalent same-length of a period to be eligible for 5 years ILR. this means, from your T1E visa granted date 4th Jan 2013, you need 5 years, plus this 50 days, to be able to apply ILR based on 5 yrs.
See Section 3C rules here, page 16, Example 1:
https://www.gov.uk/government/uploads/s ... e-v8_0.pdf

You are wrong, the OP did not apply for AR and submitted a new application within 28 days of refusal, which was granted. For ILR purpose, this period will be ignored as it is less than 28 days.

@CR001 dear lady, why should the period be ignored when it is less than 28 days for ILR purpose? Any reference for this please?
I just knew the 3C ceased on the date before the OP submitted the 2nd fresh application till the date his new visa was granted, which was from 17th Nov 2016 to 27th Jan 2017.

Page 19 in the link below under the heading at the bottom "Breaks of leave in applications submitted before 24
November 2016"

During this period, the Immigration Rules allowed you to disregard a period of
overstaying of up to 28 days before the application was made which led to the next
grant of leave.

https://www.gov.uk/government/uploads/s ... -v15.0.pdf

Thank you @CR001. That's great, so I wish the whole process of this discussion will help the OP.

[hamalt66]

You are wrong, the OP did not apply for AR and submitted a new application within 28 days of refusal, which was granted. For ILR purpose, this period will be ignored as it is less than 28 days.

@CR001 dear lady, why should the period be ignored when it is less than 28 days for ILR purpose? Any reference for this please?
I just knew the 3C ceased on the date before the OP submitted the 2nd fresh application till the date his new visa was granted, which was from 17th Nov 2016 to 27th Jan 2017.

Page 19 in the link below under the heading at the bottom "Breaks of leave in applications submitted before 24
November 2016"

During this period, the Immigration Rules allowed you to disregard a period of
overstaying of up to 28 days before the application was made which led to the next
grant of leave.

https://www.gov.uk/government/uploads/s ... -v15.0.pdf

Thank you @CR001. That's great, so I wish the whole process of this discussion will help the OP.

Thank you Peterlove and CR001. Much appreciated indeed.

BTW, my period between Fresh application and Approval of extension is actually 72 days, not 52. However, as per your discussion above and the reference CR001 kindly provided, am I right to presume that since I have submitted my fresh application before the 24th of November 2016, this period will be disregarded?

(72 days): https://ibb.co/cK6JYG

[hamalt66]

@CR001 dear lady, why should the period be ignored when it is less than 28 days for ILR purpose? Any reference for this please?
I just knew the 3C ceased on the date before the OP submitted the 2nd fresh application till the date his new visa was granted, which was from 17th Nov 2016 to 27th Jan 2017.

Page 19 in the link below under the heading at the bottom "Breaks of leave in applications submitted before 24
November 2016"

During this period, the Immigration Rules allowed you to disregard a period of
overstaying of up to 28 days before the application was made which led to the next
grant of leave.

https://www.gov.uk/government/uploads/s ... -v15.0.pdf

Thank you @CR001. That's great, so I wish the whole process of this discussion will help the OP.

Thank you Peterlove and CR001. Much appreciated indeed.

BTW, my period between Fresh application and Approval of extension is actually 72 days, not 52. However, as per your discussion above and the reference CR001 kindly provided, am I right to presume that since I have submitted my fresh application before the 24th of November 2016, this period will be disregarded?

(72 days): https://ibb.co/cK6JYG

I have just read the reference again, and now I am a bit confused regarding the 28 days in the reference...

Breaks of leave in applications submitted before 24 November 2016
During this period, the Immigration Rules allowed you to disregard a period of
overstaying of up to 28 days before the application was made which led to the next
grant of leave.

So my 72 days was after the submission of my second application, but the reference above mentions the 28 days before the application was made! I am really not sure how to interpret this!!!

[zimba]

If you applied within the 28 days and your application was approved, all that overstaying period will be ignored.

[hamalt66]

If you applied within the 28 days and your application was approved, all that overstaying period will be ignored.

Many thanks Zimba88. So from my timeline above is it safe to say that I can submit my ILR application on (or 28 days before) the 27th of January?

Also my other question was that during the period from my extension I have hired and replaced some employees but always had more than 2 full-time employees at a time-with no gaps between hiring. Will that be a problem?

[PeterLove2008]

Page 19 in the link below under the heading at the bottom "Breaks of leave in applications submitted before 24
November 2016"



https://www.gov.uk/government/uploads/s ... -v15.0.pdf

Thank you @CR001. That's great, so I wish the whole process of this discussion will help the OP.

Thank you Peterlove and CR001. Much appreciated indeed.

BTW, my period between Fresh application and Approval of extension is actually 72 days, not 52. However, as per your discussion above and the reference CR001 kindly provided, am I right to presume that since I have submitted my fresh application before the 24th of November 2016, this period will be disregarded?

(72 days): https://ibb.co/cK6JYG

I have just read the reference again, and now I am a bit confused regarding the 28 days in the reference...

Breaks of leave in applications submitted before 24 November 2016
During this period, the Immigration Rules allowed you to disregard a period of
overstaying of up to 28 days before the application was made which led to the next
grant of leave.

So my 72 days was after the submission of my second application, but the reference above mentions the 28 days before the application was made! I am really not sure how to interpret this!!!

The cut-off day is the day you submitted your fresh application, but not the day your visa was granted, so you are in the 28 days.

[marcnath]

If you applied within the 28 days and your application was approved, all that overstaying period will be ignored.

Many thanks Zimba88. So from my timeline above is it safe to say that I can submit my ILR application on (or 28 days before) the 27th of January?

Also my other question was that during the period from my extension I have hired and replaced some employees but always had more than 2 full-time employees at a time-with no gaps between hiring. Will that be a problem?

You can apply 28 days before 4th Jan 2018, assuming you have enough employment created. Since the fresh application was approved, you ignore ALL of the overstay period.

[hamalt66]

If you applied within the 28 days and your application was approved, all that overstaying period will be ignored.

Many thanks Zimba88. So from my timeline above is it safe to say that I can submit my ILR application on (or 28 days before) the 27th of January?

Also my other question was that during the period from my extension I have hired and replaced some employees but always had more than 2 full-time employees at a time-with no gaps between hiring. Will that be a problem?

You can apply 28 days before 4th Jan 2018, assuming you have enough employment created. Since the fresh application was approved, you ignore ALL of the overstay period.

Many thanks Marcnath and PeterLove. That's a relief.

[hamalt66]

You can apply 28 days before 4th Jan 2018, assuming you have enough employment created. Since the fresh application was approved, you ignore ALL of the overstay period.

Marcnath, I believe I can only count 12 months of 2 employments created or maintained after my extension was approved--that's after the 27th of January 2017. So I guess my date to submit my ILR application would be 28 days before the approval date of 27th of January.

Obviously, with the Christmas and New Year holidays, my best bet is to submit between the 7th and 27th of January 2018. Am I correct?

[marcnath]

You can apply 28 days before 4th Jan 2018, assuming you have enough employment created. Since the fresh application was approved, you ignore ALL of the overstay period.

Marcnath, I believe I can only count 12 months of 2 employments created or maintained after my extension was approved--that's after the 27th of January 2017. So I guess my date to submit my ILR application would be 28 days before the approval date of 27th of January.

Obviously, with the Christmas and New Year holidays, my best bet is to submit between the 7th and 27th of January 2018. Am I correct?

Since you are pre 2014, you only need to have created or maintained 104 weeks of full time work after 27th Jan 2017.
You mentioned you had more than 2 employees, so you probably have already met the 104 weeks (3 full time people for 8 months each will meet the requirement, for example)

[hamalt66]

You can apply 28 days before 4th Jan 2018, assuming you have enough employment created. Since the fresh application was approved, you ignore ALL of the overstay period.

Marcnath, I believe I can only count 12 months of 2 employments created or maintained after my extension was approved--that's after the 27th of January 2017. So I guess my date to submit my ILR application would be 28 days before the approval date of 27th of January.

Obviously, with the Christmas and New Year holidays, my best bet is to submit between the 7th and 27th of January 2018. Am I correct?

Since you are pre 2014, you only need to have created or maintained 104 weeks of full time work after 27th Jan 2017.
You mentioned you had more than 2 employees, so you probably have already met the 104 weeks (3 full time people for 8 months each will meet the requirement, for example)

Do you have a reference please regarding the 104 weeks pre 2014?

[marcnath]

Do you have a reference please regarding the 104 weeks pre 2014?

From the guidance
Pre 6 April 2014 transitional arrangement
178. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation):
 one worker for 24 months;
 one worker for 6 months and one for 18 months;
 4 workers for 6 months each.

[hamalt66]

Do you have a reference please regarding the 104 weeks pre 2014?

From the guidance
Pre 6 April 2014 transitional arrangement
178. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation):
 one worker for 24 months;
 one worker for 6 months and one for 18 months;
 4 workers for 6 months each.

Many thanks Marcnath

[hamalt66]

Do you have a reference please regarding the 104 weeks pre 2014?

From the guidance
Pre 6 April 2014 transitional arrangement
178. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation):
 one worker for 24 months;
 one worker for 6 months and one for 18 months;
 4 workers for 6 months each.

Hi Marcnath, while we're on the subject of ILR, I will be using a solicitor this time, and the solicitor said she will let me know what to prepare near application time. But I wanted to make sure I understand the requirements for ILR (for the 5 years, T1 E, 200K route), in case my solicitor missed something.

Other than:

1) Creation/maintained 2 Jobs for 12 months
2) Life in the UK test, for my self and my wife

what else should I be submitting with my application? Do I need to submit CAR or any other company related/investment documents/Director info from Companies House again?