Job Creation For ILR

[natsha]

HI All,

I got my Tier 1E Extension yesterday now I have very imp question.

Applied on 01/1/2017
Fee deducted 05/01/2017
Bio metric Letter Received 12/03/2017.
Bio metric submitted 20/03/2017
Complex Letter: 20/6/17
Online status: Still awaiting decision (even today)
IHS partial refund not received
BRP Received 03/11/2017
Document Received 05/11/17.

I have keep my 3 job during my application HO. NOW confused about job creation for ILR, I need to create two more job after approved 1/11/2017? or can i claim point during my application 1/1/2017 to 05/11/2017 9 months?

Thanks.

[zimba]

Only the employment periods after extension approval count towards ILR

[marcnath]

You need to have the equivalent of two full time jobs after the grant of your extension - i.e. after 1/11/17 or whatever the date on your BRP is.

[natsha]

Thanks for answer.
Can I create 4 jobs for 6 month? Because my first approval was on brp 10-april-2014. Applied in march 2014.

Thanks

[zimba]

Yes. The Tier 1E guide says:

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.

[10020132]

Only the employment periods after extension approval count towards ILR

Correct me if I am wrong as I don't agree with you
What I think is that your employment requirement hours are NOT counted after extension rather they are counted backwards for two years before you completing 5 years on your visa
So assuming his original visa started on 1Jan 2014, then he can apply for ILR on 1Jan2019 ans hence his last two years for employment will be counted from 1 Jan2017 onwards

[marcnath]

Only the employment periods after extension approval count towards ILR

Correct me if I am wrong as I don't agree with you
What I think is that your employment requirement hours are NOT counted after extension rather they are counted backwards for two years before you completing 5 years on your visa
So assuming his original visa started on 1Jan 2014, then he can apply for ILR on 1Jan2019 ans hence his last two years for employment will be counted from 1 Jan2017 onwards

You are wrong.
The rules are clear that it is job created AFTER the last grant.
Please provide any reference from the immigration rules or guidance that supports your approach, if you have that.

[zimba]

Only the employment periods after extension approval count towards ILR

Correct me if I am wrong as I don't agree with you
What I think is that your employment requirement hours are NOT counted after extension rather they are counted backwards for two years before you completing 5 years on your visa
So assuming his original visa started on 1Jan 2014, then he can apply for ILR on 1Jan2019 ans hence his last two years for employment will be counted from 1 Jan2017 onwards

Where do you get this backwards counting from ?? There is no such rule.
In appendix A of immigrations rules under table 6, it very clearly says that the job creation requirement always applies to the most recent period of the leave:

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.

[Hassan Rasheed]

I want to correct Zimba and other friends on this forum,Please read at ILR application form Set (O) version 10/2017 Page40. Read below paragraph explain you exact requirement for 2job creation.

''Part B - Created two full time equivalent posts
During your period of leave as an Tier 1 (Entrepreneur), you must have created 2 full time jobs for 12 months each across your business(es). If you created 2 jobs in your initial application, you may use these jobs to claim points for settlement, if they were maintained for at least 12 months during your extension period of leave. Alternatively, if the jobs you created during your initial period of leave no longer exist, you can create 2 more in your extension period of leave, and claim points for them, if they exist for at least 12 months''

[zimba]

I want to correct Zimba and other friends on this forum,Please read at ILR application form Set (O) version 10/2017 Page40. Read below paragraph explain you exact requirement for 2job creation.

''Part B - Created two full time equivalent posts
During your period of leave as an Tier 1 (Entrepreneur), you must have created 2 full time jobs for 12 months each across your business(es). If you created 2 jobs in your initial application, you may use these jobs to claim points for settlement, if they were maintained for at least 12 months during your extension period of leave. Alternatively, if the jobs you created during your initial period of leave no longer exist, you can create 2 more in your extension period of leave, and claim points for them, if they exist for at least 12 months''

You are not correcting anything. How is what it says on the form contradicts with what I said above ?!

[PeterLove2008]

I want to correct Zimba and other friends on this forum,Please read at ILR application form Set (O) version 10/2017 Page40. Read below paragraph explain you exact requirement for 2job creation.

''Part B - Created two full time equivalent posts
During your period of leave as an Tier 1 (Entrepreneur), you must have created 2 full time jobs for 12 months each across your business(es). If you created 2 jobs in your initial application, you may use these jobs to claim points for settlement, if they were maintained for at least 12 months during your extension period of leave. Alternatively, if the jobs you created during your initial period of leave no longer exist, you can create 2 more in your extension period of leave, and claim points for them, if they exist for at least 12 months''

Sumba88 was right. The key word from above quote is “ during your extension period of leave”.

[zimba]

From 11 Jan 2018, you can include the time spent waiting for extension ONLY AND ONLY IF you were granted extension less than 12 months from the date of your ILR application.

[Ali7770]

From 11 Jan 2018, you can include the time spent waiting for extension ONLY AND ONLY IF you were granted extension less than 12 months from the date of your ILR application.

hello Zimba88.

hope you doing good.

still confusing me the statement "less than 12 months"

what does it mean? they are giving us 2 years extension. so why less than 12 months.

sorry to ask again.
thanks

[marcnath]

From 11 Jan 2018, you can include the time spent waiting for extension ONLY AND ONLY IF you were granted extension less than 12 months from the date of your ILR application.

hello Zimba88.

hope you doing good.

still confusing me the statement "less than 12 months"

what does it mean? they are giving us 2 years extension. so why less than 12 months.

sorry to ask again.
thanks

The period of the extension grant is 2 years.

..granted extension less than 12 months from the date of your ILR application..

You misunderstood Zimba's post.

The 12 months refer to time between the date of extension grant and the ILR application date. This period is almost always less than two years.

[Ali7770]

From 11 Jan 2018, you can include the time spent waiting for extension ONLY AND ONLY IF you were granted extension less than 12 months from the date of your ILR application.

hello Zimba88.

hope you doing good.

still confusing me the statement "less than 12 months"

what does it mean? they are giving us 2 years extension. so why less than 12 months.

sorry to ask again.
thanks

The period of the extension grant is 2 years.

..granted extension less than 12 months from the date of your ILR application..

You misunderstood Zimba's post.

The 12 months refer to time between the date of extension grant and the ILR application date. This period is almost always less than two years.

Hello Marcnath.

Thanks for clarification.

I understand now.

God bless you

Regards