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Tier 1 to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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CULLINAN
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Re: Tier 1 to ILR

Post by CULLINAN » Sat Dec 15, 2018 2:42 pm

aman90 wrote:
Sat Dec 15, 2018 2:33 pm
It’s many pages long. I did it and worked out fine.
Thanks
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Re: Tier 1 to ILR

Post by CULLINAN » Sun Dec 16, 2018 12:23 am

Question regarding CAR:

Total 4 pages

First page: Companies house logo date generated company’s name
Second page: Company register information
Third page: Current Appointments
Fourth page: Filling History

Is this what I need right? For extension I also provided screen shots of beta website. Do I need that also or just the above is fine?

Concern: I noticed that my date of birth is given like */month/year as in the “day” is hidden with a “star”. Is this how it is?

Please comment

Thank you
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Re: Tier 1 to ILR

Post by aman90 » Sun Dec 16, 2018 1:11 am

tier11417 wrote:
Sun Dec 16, 2018 12:23 am
Question regarding CAR:

Total 4 pages

First page: Companies house logo date generated company’s name
Second page: Company register information
Third page: Current Appointments
Fourth page: Filling History

Is this what I need right? For extension I also provided screen shots of beta website. Do I need that also or just the above is fine? Seriously? 😂

Concern: I noticed that my date of birth is given like */month/year as in the “day” is hidden with a “star”. Is this how it is?

Please comment

Thank you
And you’ve paid for it and ur still not confident :)
Yes it’s fine!

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Re: Tier 1 to ILR

Post by CULLINAN » Sun Dec 16, 2018 1:28 am

aman90 wrote:
Sun Dec 16, 2018 1:11 am
tier11417 wrote:
Sun Dec 16, 2018 12:23 am
Question regarding CAR:

Total 4 pages

First page: Companies house logo date generated company’s name
Second page: Company register information
Third page: Current Appointments
Fourth page: Filling History

Is this what I need right? For extension I also provided screen shots of beta website. Do I need that also or just the above is fine? Seriously? 😂

Concern: I noticed that my date of birth is given like */month/year as in the “day” is hidden with a “star”. Is this how it is?

Please comment

Thank you
And you’ve paid for it and ur still not confident :)
Yes it’s fine!
Not yet 😛 but my accountant will be generating it next week. But yes I asked him to generate a paid one 😬
I was actually looking at the old one

Thanks for your reply aman 😊
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Re: Tier 1 to ILR

Post by CULLINAN » Sun Dec 16, 2018 8:08 pm

Dear Marnath & Aman,

I got myself confused again please help.

I am claiming job creation exactly 12 months befofe from the date of ILR application (fall under new rule exception).

Sending FPS for Jan - Dec 2018 (12 months)

I qualify for 24 months of job creation on exactly 31st Dec 2018 claiming during 1st Jan 2018 - 31st Dec 2018.

Question: Should I apply on 31st Dec 2018 or 1st Jan 2019?

If I apply on 1st Jan 2019 can I go back 12 months till 1st Jan 2018 or 2nd Jan 2018? If it starts on 2nd I will be short of 1 day.

If I apply on 31st Dec 2018 can I go back 12 months start on 1st Jan 2018 or 31st Dec 2017?

How is 12 months calculated from the date of application?

Confused

Thanks

🤯
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Re: Tier 1 to ILR

Post by CULLINAN » Sun Dec 16, 2018 8:44 pm

For reference to above query:

Employee 1 start date Oct 2015 till present and ongoing but can only claim 12 months immediately before application date.

Employee 2 start date 1st May 2018 ongoing

Employee 3: start date 1st July 2018 till 1st Nov 2018
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Re: Tier 1 to ILR

Post by marcnath » Sun Dec 16, 2018 8:53 pm

You are overanalysing.
But a strict reading of the rules is that if you are applying on 1st jan, it starts from 2nd jan. Though I doubt any CW will penalise you for that. Anyway you can just send the jan documents when you have them- it is practically impossible a decision will be made before that.
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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Re: Tier 1 to ILR

Post by CULLINAN » Sun Dec 16, 2018 9:43 pm

marcnath wrote:
Sun Dec 16, 2018 8:53 pm
You are overanalysing.
But a strict reading of the rules is that if you are applying on 1st jan, it starts from 2nd jan. Though I doubt any CW will penalise you for that. Anyway you can just send the jan documents when you have them- it is practically impossible a decision will be made before that.
Thank you for your reply Marcnath. I am just paranoid cz I had to wait 16 months for my extension so want to make sure I tick all the right boxes this time (atleast try to!)

In this case isnt it better that I apply on 31st Dec 2018 instead so its counted back till 1st Jan 2018?

or I cant apply on 31st as I qualify for job creation on the same day?

Thank you
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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Re: Tier 1 to ILR

Post by aman90 » Sun Dec 16, 2018 10:02 pm

tier11417 wrote:
Sun Dec 16, 2018 9:43 pm
marcnath wrote:
Sun Dec 16, 2018 8:53 pm
You are overanalysing.
But a strict reading of the rules is that if you are applying on 1st jan, it starts from 2nd jan. Though I doubt any CW will penalise you for that. Anyway you can just send the jan documents when you have them- it is practically impossible a decision will be made before that.
Thank you for your reply Marcnath. I am just paranoid cz I had to wait 16 months for my extension so want to make sure I tick all the right boxes this time (atleast try to!)

In this case isnt it better that I apply on 31st Dec 2018 instead so its counted back till 1st Jan 2018?

or I cant apply on 31st as I qualify for job creation on the same day?

Thank you
The rules, guidance, caseworkers guidance all state
“Must have been maintained atleast 12 months before the date of application”
It’s illogical And impossible to send RTI FPS and payslips to the day.

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Re: Tier 1 to ILR

Post by Meesha » Sun Dec 16, 2018 10:11 pm

Hi,
Your CAR is fine. It does not show dob completely. Did u attend an interview for extension?
Good luck

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Re: Tier 1 to ILR

Post by marcnath » Sun Dec 16, 2018 10:13 pm

tier11417 wrote:
Sun Dec 16, 2018 9:43 pm
marcnath wrote:
Sun Dec 16, 2018 8:53 pm
You are overanalysing.
But a strict reading of the rules is that if you are applying on 1st jan, it starts from 2nd jan. Though I doubt any CW will penalise you for that. Anyway you can just send the jan documents when you have them- it is practically impossible a decision will be made before that.
Thank you for your reply Marcnath. I am just paranoid cz I had to wait 16 months for my extension so want to make sure I tick all the right boxes this time (atleast try to!)

In this case isnt it better that I apply on 31st Dec 2018 instead so its counted back till 1st Jan 2018?

or I cant apply on 31st as I qualify for job creation on the same day?

Thank you
Yes, it is better to apply on 31st Dec
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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Re: Tier 1 to ILR

Post by CULLINAN » Sun Dec 16, 2018 10:27 pm

aman90 wrote:
Sun Dec 16, 2018 10:02 pm
tier11417 wrote:
Sun Dec 16, 2018 9:43 pm
marcnath wrote:
Sun Dec 16, 2018 8:53 pm
You are overanalysing.
But a strict reading of the rules is that if you are applying on 1st jan, it starts from 2nd jan. Though I doubt any CW will penalise you for that. Anyway you can just send the jan documents when you have them- it is practically impossible a decision will be made before that.
Thank you for your reply Marcnath. I am just paranoid cz I had to wait 16 months for my extension so want to make sure I tick all the right boxes this time (atleast try to!)

In this case isnt it better that I apply on 31st Dec 2018 instead so its counted back till 1st Jan 2018?

or I cant apply on 31st as I qualify for job creation on the same day?

Thank you
The rules, guidance, caseworkers guidance all state
“Must have been maintained atleast 12 months before the date of application”
It’s illogical And impossible to send RTI FPS and payslips to the day.

Please can you elaborate?

My 12 months are 1st Jan 2018 - 31st Dec 2018

So you mean I should apply on 31st Dec or 1st Jan instead then?

Thanks
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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Re: Tier 1 to ILR

Post by CULLINAN » Sun Dec 16, 2018 10:28 pm

marcnath wrote:
Sun Dec 16, 2018 10:13 pm
tier11417 wrote:
Sun Dec 16, 2018 9:43 pm
marcnath wrote:
Sun Dec 16, 2018 8:53 pm
You are overanalysing.
But a strict reading of the rules is that if you are applying on 1st jan, it starts from 2nd jan. Though I doubt any CW will penalise you for that. Anyway you can just send the jan documents when you have them- it is practically impossible a decision will be made before that.
Thank you for your reply Marcnath. I am just paranoid cz I had to wait 16 months for my extension so want to make sure I tick all the right boxes this time (atleast try to!)

In this case isnt it better that I apply on 31st Dec 2018 instead so its counted back till 1st Jan 2018?

or I cant apply on 31st as I qualify for job creation on the same day?

Thank you
Yes, it is better to apply on 31st Dec
Thanks Marcnath, even though I qualify for job creation exactly on 31st Dec will that be fine to apply on 31st Dec? As the guidance says jobs much be maintained for atleast 12 months? My 12 months are 1st Jan - 31st Dec
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Re: Tier 1 to ILR

Post by CULLINAN » Sun Dec 16, 2018 10:30 pm

Meesha wrote:
Sun Dec 16, 2018 10:11 pm
Hi,
Your CAR is fine. It does not show dob completely. Did u attend an interview for extension?
Good luck
Thanks for your reply. Yes I was interviewed at extension stage.
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Re: Tier 1 to ILR

Post by marcnath » Sun Dec 16, 2018 10:34 pm

tier11417 wrote:
Sun Dec 16, 2018 10:28 pm
marcnath wrote:
Sun Dec 16, 2018 10:13 pm
tier11417 wrote:
Sun Dec 16, 2018 9:43 pm
marcnath wrote:
Sun Dec 16, 2018 8:53 pm
You are overanalysing.
But a strict reading of the rules is that if you are applying on 1st jan, it starts from 2nd jan. Though I doubt any CW will penalise you for that. Anyway you can just send the jan documents when you have them- it is practically impossible a decision will be made before that.
Thank you for your reply Marcnath. I am just paranoid cz I had to wait 16 months for my extension so want to make sure I tick all the right boxes this time (atleast try to!)

In this case isnt it better that I apply on 31st Dec 2018 instead so its counted back till 1st Jan 2018?

or I cant apply on 31st as I qualify for job creation on the same day?

Thank you
Yes, it is better to apply on 31st Dec
Thanks Marcnath, even though I qualify for job creation exactly on 31st Dec will that be fine to apply on 31st Dec? As the guidance says jobs much be maintained for atleast 12 months? My 12 months are 1st Jan - 31st Dec
In my opinion, yes. You definitely qualify.
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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Re: Tier 1 to ILR

Post by CULLINAN » Sun Dec 16, 2018 10:36 pm

aman90 wrote:
Sun Dec 16, 2018 10:02 pm
tier11417 wrote:
Sun Dec 16, 2018 9:43 pm
marcnath wrote:
Sun Dec 16, 2018 8:53 pm
You are overanalysing.
But a strict reading of the rules is that if you are applying on 1st jan, it starts from 2nd jan. Though I doubt any CW will penalise you for that. Anyway you can just send the jan documents when you have them- it is practically impossible a decision will be made before that.
Thank you for your reply Marcnath. I am just paranoid cz I had to wait 16 months for my extension so want to make sure I tick all the right boxes this time (atleast try to!)

In this case isnt it better that I apply on 31st Dec 2018 instead so its counted back till 1st Jan 2018?

or I cant apply on 31st as I qualify for job creation on the same day?

Thank you
The rules, guidance, caseworkers guidance all state
“Must have been maintained atleast 12 months before the date of application”
It’s illogical And impossible to send RTI FPS and payslips to the day.
The guidance 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.

In my case its the word “immediately” and “at least”
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Re: Tier 1 to ILR

Post by CULLINAN » Sun Dec 16, 2018 10:39 pm

marcnath wrote:
Sun Dec 16, 2018 10:34 pm
tier11417 wrote:
Sun Dec 16, 2018 10:28 pm
marcnath wrote:
Sun Dec 16, 2018 10:13 pm
tier11417 wrote:
Sun Dec 16, 2018 9:43 pm


Thank you for your reply Marcnath. I am just paranoid cz I had to wait 16 months for my extension so want to make sure I tick all the right boxes this time (atleast try to!)

In this case isnt it better that I apply on 31st Dec 2018 instead so its counted back till 1st Jan 2018?

or I cant apply on 31st as I qualify for job creation on the same day?

Thank you
Yes, it is better to apply on 31st Dec
Thanks Marcnath, even though I qualify for job creation exactly on 31st Dec will that be fine to apply on 31st Dec? As the guidance says jobs much be maintained for atleast 12 months? My 12 months are 1st Jan - 31st Dec
In my opinion, yes. You definitely qualify.
Thnks Marcnath, I will take your advice and apply on 31st Dec 2018 instead. As counting back immediately 12 months will be 1st Jan 2018.

And I will be sending FPS Jan - Dec 2018 so will cover that period.
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Re: Tier 1 to ILR

Post by marcnath » Mon Dec 17, 2018 8:17 am

To be clear, I am not advising you in any form or manner. I am only stating my opinions. If you need advice, please seek professionals to give it to you.
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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Re: Tier 1 to ILR

Post by Meesha » Mon Dec 17, 2018 8:19 am

Hi Tier11417,
I think if u are concerned about jobs criteria being fulfilled the same day of ur application and also immediate 12 months words; I think u can apply in the late evening of 31st December. As normal working hours are from 9 to 5 in this country.Are u applying 28 days before qualifying?
Usually cut off date on payslips is few days late at start of month, like 3rd or 5 January. Do u have it as 1st January?
If you were granted visa after interview, i think it will be quicker this time.
Good luck

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Re: Tier 1 to ILR

Post by CULLINAN » Mon Dec 17, 2018 9:29 am

marcnath wrote:
Mon Dec 17, 2018 8:17 am
To be clear, I am not advising you in any form or manner. I am only stating my opinions. If you need advice, please seek professionals to give it to you.
Yes ofcourse Marcnath. Thank you
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Re: Tier 1 to ILR

Post by CULLINAN » Mon Dec 17, 2018 9:33 am

Meesha wrote:
Mon Dec 17, 2018 8:19 am
Hi Tier11417,
I think if u are concerned about jobs criteria being fulfilled the same day of ur application and also immediate 12 months words; I think u can apply in the late evening of 31st December. As normal working hours are from 9 to 5 in this country.Are u applying 28 days before qualifying?
Usually cut off date on payslips is few days late at start of month, like 3rd or 5 January. Do u have it as 1st January?
If you were granted visa after interview, i think it will be quicker this time.
Good luck
Thanks for your reply Meesha.

I think the time does not matter as it will be the date of submission that matters. Also, I dont think what you mean by the cut off period but I remember my accountant once said its probably the 5th of the month.

I am only concerned if I can apply exactly on the same day when my job creation matures as in 12 months or can apply after? If I apply on the 1st then immediate 12 months before that will be 2nd Jan 2018 so I am a bit confused if to apply on 31st or 1st.
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Re: Tier 1 to ILR

Post by CULLINAN » Mon Dec 17, 2018 9:39 am

Dear Zimba and all members,

Please can you provide your opinion on this matter?

Can I apply the same day when my job creation matures?

I am providing Jan 2018 - Dec 2018 FPS

The guidance 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”

I fulfill my job creation exactly on 31st December with 3 employees. Since first employee start date is back in 2015 I can only go immediate 12 months before the date of application.

Should I apply on 31st Dec or 1st Jan?

Please give me your opinions especially Zimba.
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Re: Tier 1 to ILR

Post by Meesha » Mon Dec 17, 2018 10:43 am

Hi tier11417,
U mentioned u got CAR with fee (though zibma has told we dont need it and online version is acceptable), I went to companies house and they told me that they do not generate any CAR for fee anymore as it is freely available now. How did u get it for fee then?

Cheers

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Re: Tier 1 to ILR

Post by CULLINAN » Mon Dec 17, 2018 10:53 am

Meesha wrote:
Mon Dec 17, 2018 10:43 am
Hi tier11417,
U mentioned u got CAR with fee (though zibma has told we dont need it and online version is acceptable), I went to companies house and they told me that they do not generate any CAR for fee anymore as it is freely available now. How did u get it for fee then?

Cheers
Yes many moderators have advised that the free copy is fine so it should be okay.
However, I asked my accountant to get a paid copy. He still has to provide me one this week so cant really comment. But the official website says you can obtain one for £3 via post or email. See the attachment.
Attachments
4EF49EBF-5E3C-4DAB-ABE0-80CC38B44CD3.jpeg
4EF49EBF-5E3C-4DAB-ABE0-80CC38B44CD3.jpeg (82.54 KiB) Viewed 1451 times
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Re: Tier 1 to ILR

Post by CULLINAN » Mon Dec 17, 2018 10:58 am

aman90 wrote:
Sun Dec 16, 2018 10:02 pm
tier11417 wrote:
Sun Dec 16, 2018 9:43 pm
marcnath wrote:
Sun Dec 16, 2018 8:53 pm
You are overanalysing.
But a strict reading of the rules is that if you are applying on 1st jan, it starts from 2nd jan. Though I doubt any CW will penalise you for that. Anyway you can just send the jan documents when you have them- it is practically impossible a decision will be made before that.
Thank you for your reply Marcnath. I am just paranoid cz I had to wait 16 months for my extension so want to make sure I tick all the right boxes this time (atleast try to!)

In this case isnt it better that I apply on 31st Dec 2018 instead so its counted back till 1st Jan 2018?

or I cant apply on 31st as I qualify for job creation on the same day?

Thank you
The rules, guidance, caseworkers guidance all state
“Must have been maintained atleast 12 months before the date of application”
It’s illogical And impossible to send RTI FPS and payslips to the day.
@aman
Please can you clarify what you meant by “its illogical and impossible to send RTI FPS and payslips to the day”?
Thanks
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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