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Updated guidance job creation confusion

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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mohsensari
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Posts: 178
Joined: Fri Dec 30, 2016 11:04 pm

Updated guidance job creation confusion

Post by mohsensari » Mon Jan 15, 2018 10:08 pm

In table D says:
The jobs must have existed for at least 12 months during your most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of the current application.

But on page 35 says:
If you are applying for a second extension or 5 year settlement application:
• 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).

As we know section 3C extend the initial period ( could be count as part of initial period ).
For example If someone get first extension today and hi eligible for 5 years ILR on 11/2018, Is he can he use employment from 11/2017?

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marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
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Re: Updated guidance job creation confusion

Post by marcnath » Mon Jan 15, 2018 11:01 pm

mohsensari wrote:
Mon Jan 15, 2018 10:08 pm
In table D says:
The jobs must have existed for at least 12 months during your most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of the current application.

But on page 35 says:
If you are applying for a second extension or 5 year settlement application:
• 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).

As we know section 3C extend the initial period ( could be count as part of initial period ).
For example If someone get first extension today and hi eligible for 5 years ILR on 11/2018, Is he can he use employment from 11/2017?
I wouldn't get too hung up over this.

Section 3C is a different phase and you can argue that initial period of leave is the period for which leave was initially granted.

Anyway, when there is a discrepancy in the guidance, the immigration rules provide the correct interpretation.

And the immigration rules are clear that :

The jobs must have existed for at least 12 months during the applicant’s most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of application.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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