Tier 1 E to ILR

[msaleemu]

Dear marcnath

Need your help please

First Tie E visa date of issue 10/3/14
Date of expire 10/3/17

applied for extension of 9/3/17
new BRP received today valid until 22/3/2020


when i will be eligible to apply for ILR?
I have 1 full time apply throughout ,is that enough to be eligible for ILR or i need one more Full time employee?

Thanks in adanvce

[ssb27]

You will be eligible to apply for ILR anytime from 10/3/2019.

I think you need 2 full-time employees for at least 12months each. <- Someone else need to confirm this

[10020132]

You will become eligible 28 days before 10/3/2019

Since he is pre April 2014, transitional arrangements do apply on him and hence needs equivalent 2 FT jobs but they CAN last less than 12 months each

I think if you apply before 13 April 2019, you can use employee of 1 year of waiting time period

[marcnath]

I think if you apply before 13 April 2019, you can use employee of 1 year of waiting time period

This is not correct.

[marcnath]

Dear marcnath

Need your help please

First Tie E visa date of issue 10/3/14
Date of expire 10/3/17

applied for extension of 9/3/17
new BRP received today valid until 22/3/2020


when i will be eligible to apply for ILR?
I have 1 full time apply throughout ,is that enough to be eligible for ILR or i need one more Full time employee?

Thanks in adanvce

You are eligible to apply for ILR 28 days before 9/3/19
My reading of the immigration rules is that you can only use employment after your extension, which would mean you need one more Job.
It is possible that HO made a mistake when they revised the rules recently. You can read my full opinion at uk-tier-1-entrepreneur-visas/job-creati ... l#p1621176

[ahsanalishah]

my understanding is same the employee requirements 12 months after the extension date. I know so many people has asked this question to me.

I just got my approval also and I already had continuous employments but I am preparing my ILR file employee hours after the extension granted. Hope you will be all right.

[msaleemu]

Thank You every one for your help and support

[msaleemu]

Hello Every one.

I am Planning to submit ILR application in April 19,Can any one please help regrading following


1)is it mandatory requirement to submit annual accounts with ILR application for all years after gettingTier 1 extension?

2)My Mrs is my dependent and she want to go back to see family,how many days she can stay outside UK in one year,how many days total she can stay outside UK in 5 years without effecting her ILR application. Her 5 years stay in UK going to be complete in May 2020.

[CR001]

Topics Merged (click)

[zimba]

1)is it mandatory requirement to submit annual accounts with ILR application for all years after gettingTier 1 extension?

No

2)My Mrs is my dependent and she want to go back to see family,how many days she can stay outside UK in one year,how many days total she can stay outside UK in 5 years without effecting her ILR application. Her 5 years stay in UK going to be complete in May 2020.

PBS dependants have no absence limit unless visa was granted on or after 11 Jan 2018. Then it is no more than 180 days period of absence

[msaleemu]

Dear members

I have some queries, if you could help please

1)I got Tier1 E, date of issue 11/04/2018 and i have 2FT employees from 1st April to till date, is that ok to claim employments from the 1st April 2019 or only i can claim after my extension issue date i.e. from 11/04/2018 which means i can only claim 2FT from 01/05/2019

2) I am eligible to apply for IRL 28 before 10/03/2019


3) one of my employee left in May and he joined us again from feb 2019, for the same role, i think i have no issue to claim employment point using the same employee , as far as i am aware there is no law that we can not take any ex employee ,please correct me if i am wrong

4) During the extension period , we have to create 2FT job, is that ok to have same jobs(titles) as we already created before the getting the extension or these 2 FT job should have different jobs title ?, if the same job title is same as we created during extension, then job creation date should be the date when we actually created jon i.e. during the extension period?

[nemms]

Dear members

I have some queries, if you could help please

1)I got Tier1 E, date of issue 11/04/2018 and i have 2FT employees from 1st April to till date, is that ok to claim employments from the 1st April 2019 or only i can claim after my extension issue date i.e. from 11/04/2018 which means i can only claim 2FT from 01/05/2019

2) I am eligible to apply for IRL 28 before 10/03/2019


3) one of my employee left in May and he joined us again from feb 2019, for the same role, i think i have no issue to claim employment point using the same employee , as far as i am aware there is no law that we can not take any ex employee ,please correct me if i am wrong

4) During the extension period , we have to create 2FT job, is that ok to have same jobs(titles) as we already created before the getting the extension or these 2 FT job should have different jobs title ?, if the same job title is same as we created during extension, then job creation date should be the date when we actually created jon i.e. during the extension period?

its same my situation as well...plz advise if anyone knows best then us..
and plz if anybody could give us link for list of documents. thanks

[aman90]

Dear members

I have some queries, if you could help please

1)I got Tier1 E, date of issue 11/04/2018 and i have 2FT employees from 1st April to till date, is that ok to claim employments from the 1st April 2019 or only i can claim after my extension issue date i.e. from 11/04/2018 which means i can only claim 2FT from 01/05/2019..

Your choice really.. Since you already qualify for ILR under continuous residence.. you may use job creation from 1st April 2018. But you must apply by 01/4/ 2019 in that case.. if not you can use employment starting from 11/04/18.. 10/03/19
In both cases you’ll have to submit:
RTI + payslips April 2018- March 2019



2) I am eligible to apply for IRL 28 before 10/03/2019

Tier 1 initial visa date: 10/03/14
5 years: 10/03/19 minus 28 days
Have you checked ur absences?

3) one of my employee left in May and he joined us again from feb 2019, for the same role, i think i have no issue to claim employment point using the same employee , as far as i am aware there is no law that we can not take any ex employee ,please correct me if i am wrong

Makes no diffference! As long as someone else took his place...

4) During the extension period , we have to create 2FT job, is that ok to have same jobs(titles) as we already created before the getting the extension or these 2 FT job should have different jobs title ?, if the same job title is same as we created during extension, then job creation date should be the date when we actually created jon i.e. during the extension period?

Either..the previous jobs can continue or if not 2 jobs must have existed for 12 months during extension. If continuing than date created during initial period..If created after extension than obviously the date created during Ext period.

[msaleemu]

Thanks a lot aman90

I have been abroad in Jan 2015 for 30 days and never been out side UK apart of 30 days in Jan 2015.

I have decided to use employment from 1/05/2018- 31/04/2019 for claiming 2FT jobs , 12 months each.


Should we need to send employee start date FPS , apart of 12 months FPS and payslips as one of my employee started in April however i am going to claim his employment from May 2018 . I can see his start date in April FPS and NOT in May FPS.


My wife is my Tier1 dependent and she got valid visa till March 2020. I am planning to apply her extension at that time because her 5 years going to complete in May 2020. when i apply my IRL, should i need to mention her name and my son name(3 years old, UK Born), in the application form as dependents, despite , i am not applying for their visa with my ILR application?

[marcnath]

Thanks a lot aman90

I have been abroad in Jan 2015 for 30 days and never been out side UK apart of 30 days in Jan 2015.

I have decided to use employment from 1/05/2018- 31/04/2019 for claiming 2FT jobs , 12 months each.


Should we need to send employee start date FPS , apart of 12 months FPS and payslips as one of my employee started in April however i am going to claim his employment from May 2018 . I can see his start date in April FPS and NOT in May FPS.


My wife is my Tier1 dependent and she got valid visa till March 2020. I am planning to apply her extension at that time because her 5 years going to complete in May 2020. when i apply my IRL, should i need to mention her name and my son name(3 years old, UK Born), in the application form as dependents, despite , i am not applying for their visa with my ILR application?

There is no requirement to submit a start date FPS any longer.

Where it asks for dependants applying with you, you will not provide the information.

I do not know the online form structure. If it asks for family member details elsewhere then you should provide that.

[aman90]

That’s fine.. I was out almost 300+... hence I ask this question.
You can still add RTI and payslip from April 2018.
What date do you intend to apply..
Since you already qualify for ILR.. you should apply sooner rather than later if possible.
The document list is simpler than at extension.
Run a dummy application. Make a note of the documents while doing so.

Rest marcnath has kindly responded.

[msaleemu]

Thank you so much marcnath and Aman90

Can I claim employment from 11/04/2018 to 10/03/2019 as my understanding is we can only claim on monthly basis starting from 1st of each month?

Employment 1
1)Mr A left job on 30/04/2018 and Mr B join for the same position however Mr B left in 31/01/2019 and Mr A again join for the same position. Is that ok Mr A join us again for the same position ?

[marcnath]

Thank you so much marcnath and Aman90

Can I claim employment from 11/04/2018 to 10/03/2019 as my understanding is we can only claim on monthly basis starting from 1st of each month?

Employment 1
1)Mr A left job on 30/04/2018 and Mr B join for the same position however Mr B left in 31/01/2019 and Mr A again join for the same position. Is that ok Mr A join us again for the same position ?

You can claim from any day of the month. HO looks for weeks, not months.

[aman90]

Thank you so much marcnath and Aman90

Can I claim employment from 11/04/2018 to 10/03/2019 as my understanding is we can only claim on monthly basis starting from 1st of each month?
11/04/2018 onwards. 12 months complete 10/03/19..Your understanding is incorrect! After extension means from the day extension is granted..

Employment 1
1)Mr A left job on 30/04/2018 and Mr B join for the same position however Mr B left in 31/01/2019 and Mr A again join for the same position. Is that ok Mr A join us again for the same position ?
Yes.. what’s ur logic behind Mr A not being allowed to rejoin? Does the guidance anywhere state that if some employee leaves you can’t hire them again?

[msaleemu]

Its not mentioned any where in the guidance but i was in doubt.

Thank you very much Aman90. Stay Blessed.

[msaleemu]

Dear Members

My wife is my dependent on Tier 1 and she have valid visa till mid of March 2020 however she is going to complete 5 years in mid of May 2020.


I am applying for ILR in start of April 2019,inshaAllah, I will get ILR ,my question is in relation to my wife visa extension in March 2020, which application she need to submit in March 2020 ,Tier 1 dependent or ILR dependent or another application?

She will be eligible for ILR on 18 April 2020 (before 28 days of her 5 years), one of my friend told me that i am not supposed to change her visa category at the time of extension and keep as Tier 1 dependent because if i change her visa category, HO will reset her clock to 0 and then she need to spend another 5 years in order to be eligible for ILR, is that correct?


I know that Tier 1 depnednet absence days is Max 180 days , so in her situation ,if she apply for ILR dependent or any other category or even when she qualify for ILR, how many days she allowed to live outisde UK?

[marcnath]

Dear Members

My wife is my dependent on Tier 1 and she have valid visa till mid of March 2020 however she is going to complete 5 years in mid of May 2020.


I am applying for ILR in start of April 2019,inshaAllah, I will get ILR ,my question is in relation to my wife visa extension in March 2020, which application she need to submit in March 2020 ,Tier 1 dependent or ILR dependent or another application?

She will be eligible for ILR on 18 April 2020 (before 28 days of her 5 years), one of my friend told me that i am not supposed to change her visa category at the time of extension and keep as Tier 1 dependent because if i change her visa category, HO will reset her clock to 0 and then she need to spend another 5 years in order to be eligible for ILR, is that correct?


I know that Tier 1 depnednet absence days is Max 180 days , so in her situation ,if she apply for ILR dependent or any other category or even when she qualify for ILR, how many days she allowed to live outisde UK?

You should apply Tier 1 Dependant in March 2020. Your friend is right - if you change it to another category (FLR(M) ), the clock will reset.

[aman90]

PBS dependant extension a day or two before expiry.. vary to ILR as soon as spouse enters ILR 28 days.. provided decision has not been made..
What date was her initial visa granted and what date does it expire?

[msaleemu]

Dear Aman90

My wife initial visa granted on 21/01/2015 however she came to the UK on 15 May 2015.
I am counting from 15 May 2015 upto 15 May 2020.

[CR001]

Dear Aman90

My wife initial visa granted on 21/01/2015 however she came to the UK on 15 May 2015.
I am counting from 15 May 2015 upto 15 May 2020.

For PBS Dependents it counts from date initial visa is ISSUED.