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"New Rules" regarding employment during waiting period

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

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Globe Trotter
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Posts: 271
Joined: Sun Sep 29, 2013 11:06 am

"New Rules" regarding employment during waiting period

Post by Globe Trotter » Tue Feb 20, 2018 2:51 am

Hi Marcnath,
In one of your advice you had mentioned that "Also, under the new rules, if you qualify for your ILR application before Feb 2019, you can use the employment in the 12 months leading to your application date for your job creation requirements (even if it covers the period before Feb 2018)"

Does it mean that when applying for the ILR, the employment during the waiting period shall also be counted? I mean, shall we get points for our employees that were employed during the time we are waiting for the visa outcome?

Many thanks,
Globe Trotter
Last edited by vinny on Tue Feb 20, 2018 5:32 am, edited 1 time in total.
Reason: link added

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marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: "New Rules" regarding employment during waiting period

Post by marcnath » Tue Feb 20, 2018 7:25 am

Globe Trotter wrote:
Tue Feb 20, 2018 2:51 am
Hi Marcnath,
In one of your advice you had mentioned that "Also, under the new rules, if you qualify for your ILR application before Feb 2019, you can use the employment in the 12 months leading to your application date for your job creation requirements (even if it covers the period before Feb 2018)"

Does it mean that when applying for the ILR, the employment during the waiting period shall also be counted? I mean, shall we get points for our employees that were employed during the time we are waiting for the visa outcome?

Many thanks,
Globe Trotter
That was specific to that poster who got his extension this week.
Basically, the new rule is that if your ILR is due within 12 months of extension grant, then yes, you can use employment in the 12 months before ILR application date, even if that includes the "waiting" period. This helps those who have been waiting for almost a year for their extension.
Note that it is not during the entire waiting period - only that part which is within the 12 months before application date.
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.

Globe Trotter
Member of Standing
Posts: 271
Joined: Sun Sep 29, 2013 11:06 am

Re: "New Rules" regarding employment during waiting period

Post by Globe Trotter » Wed Feb 21, 2018 1:31 am

Thanks Marcnath for the crystal clear explanation.

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