123nancy wrote: ↑Thu Apr 12, 2018 12:58 pm
Dear team,
The transitional arrangement allows one employee for 24 months who apply before April 2019; therefore, I am applying before that date. According to Tier 1 guidance, “............, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of your current application.”
My leave was granted in March 2018 which is less than 12 months. There is continuous employment since 2015 to till today. Can I apply in Feb 2019 with one employee for 24 months?
Thank you.
This has been answered before - it is No.
But you are right in that the combination of the two clauses you quoted, you could argue that you can apply with one employee for 24 months.
This was clearly not the intention of the change in Jan this year. I believe that when they added the exception clause to allow 12 months before the application, they only had the the [post April 2014 scenario in mind.
This is also clear from the CW guidance in the following paragraphs.
The applicant can only use this provision if these jobs are maintained for at least 12 months during their most recent extension.
The exception to the above rule is if their current leave was granted less than 12 months ago. In such cases the jobs must have been maintained for at least the 12 months before the date of the current application. This will include the full extension period plus the balance needed to make up the rest of the 12 months from the initial period.
This clear restricts the usable period of the initial period to what is needed to complete the 12 months from application date.
So, if I was in your place, I would not depend on it.
But you should talk to a solicitor because there is a possibility that you can argue your interpretation.
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.
