Tier 1 to ILR

[CULLINAN]

Dear Marcnath,

Thank you for your response.

Please can you also clarify:

1) Online form has only 1 slot for wage rate so i dont know what to do about it. If the previous wage rate is listed in RTI FPS will that be okay?
2)The online form asks for UK degree and does not give any option to tick that you have already qualified for English Requirement in previous application. Should we send it then?
3)The online form clearly says Tier 1 does not need to provide any absence evidence when it asks the question. The answer is OTHERS and reason being “not required for Tier 1”. But later on when it gives you check list for documents it says “evidence for others” and it says it is mandatory. So you just have to tick the box to move forward. Should we just ignore?

4. Online form asks for this in check list.

a) Companies House Documentation to demonstrate your registration
b) For Directors of a company - a print from Companies House of the companies filling history page and CAR to show you are director in the period

Is 4a and 4b the same thing??

Thank you

[marcnath]

Dear Marcnath,

Thank you for your response.

Please can you also clarify:

1) Online form has only 1 slot for wage rate so i dont know what to do about it. If the previous wage rate is listed in RTI FPS will that be okay?
2)The online form asks for UK degree and does not give any option to tick that you have already qualified for English Requirement in previous application. Should we send it then?
3)The online form clearly says Tier 1 does not need to provide any absence evidence when it asks the question. The answer is OTHERS and reason being “not required for Tier 1”. But later on when it gives you check list for documents it says “evidence for others” and it says it is mandatory. So you just have to tick the box to move forward. Should we just ignore?

4. Online form asks for this in check list.

a) Companies House Documentation to demonstrate your registration
b) For Directors of a company - a print from Companies House of the companies filling history page and CAR to show you are director in the period

Is 4a and 4b the same thing??

Thank you

1) I think I answered it before. Just add the other wage rates in a cover letter or a separate sheet of paper. The immigration rules does not say where and how you need to provide that information - just that you need to provide it.
2) If it is in the document list, then yes. If it does not, then just add in the cover letter that you have already qualified before and can provide the degree certificate if needed.
3) Similarly, add a sheet of paper titled "evidence for others" and state that there is no need to provide that for T1E
4) CAR meets both requirements

[CULLINAN]

Dear Marcnath,

Thank you for your response.

Please can you also clarify:

1) Online form has only 1 slot for wage rate so i dont know what to do about it. If the previous wage rate is listed in RTI FPS will that be okay?
2)The online form asks for UK degree and does not give any option to tick that you have already qualified for English Requirement in previous application. Should we send it then?
3)The online form clearly says Tier 1 does not need to provide any absence evidence when it asks the question. The answer is OTHERS and reason being “not required for Tier 1”. But later on when it gives you check list for documents it says “evidence for others” and it says it is mandatory. So you just have to tick the box to move forward. Should we just ignore?

4. Online form asks for this in check list.

a) Companies House Documentation to demonstrate your registration
b) For Directors of a company - a print from Companies House of the companies filling history page and CAR to show you are director in the period

Is 4a and 4b the same thing??

Thank you

1) I think I answered it before. Just add the other wage rates in a cover letter or a separate sheet of paper. The immigration rules does not say where and how you need to provide that information - just that you need to provide it.
2) If it is in the document list, then yes. If it does not, then just add in the cover letter that you have already qualified before and can provide the degree certificate if needed.
3) Similarly, add a sheet of paper titled "evidence for others" and state that there is no need to provide that for T1E
4) CAR meets both requirements

Thank you

[CULLINAN]

Dear Marcnath and all senior members,

There is still little confusion as to what will be the date of application with the new system.

1) If I apply online, submit and pay on 7th Jan 2019 and self upload my documents BUT then get an appointment for 10th Jan 2019 for biometrics will my application date be 7th or 10th?

2) If I apply online, submit and pay on the 7th Jan and get an appointment for 10th where I choose to provide my documents to be scanned at the centre and biometrics will my date be considered 7th or 10th?

In anycase I qualify for ILR after 19th Dec 2018 but for the job creation point of view I can only claim 1 year before the date of application.

So what will be the date of application in the above scenerio?

Please advise.

Many thanks

[CULLINAN]

Dear Marcnath and all senior members,

There is still little confusion as to what will be the date of application with the new system.

1) If I apply online, submit and pay on 7th Jan 2019 and self upload my documents BUT then get an appointment for 10th Jan 2019 for biometrics will my application date be 7th or 10th?

2) If I apply online, submit and pay on the 7th Jan and get an appointment for 10th where I choose to provide my documents to be scanned at the centre and biometrics will my date be considered 7th or 10th?

In anycase I qualify for ILR after 19th Dec 2018 but for the job creation point of view I can only claim 1 year before the date of application.

So what will be the date of application in the above scenerio?

Please advise.

Many thanks

Any comments please?
Thanks

[ishfaqsangra]

There is a lot of discussion going on the forum about this nobody is yet sure

[CULLINAN]

There is a lot of discussion going on the forum about this nobody is yet sure

Thank you for your response.

As per my perception, I think the date of application will be the date when the application is submitted online regardless of the documents upload or appointment date.

What do you think?

[ishfaqsangra]

There is a lot of discussion going on the forum about this nobody is yet sure

Thank you for your response.

As per my perception, I think the date of application will be the date when the application is submitted online regardless of the documents upload or appointment date.

What do you think?

They must give some time to self upload documents before appointment date, so It will be good if they take appointment date as the date when considering the time period for continuity, However, technically if you are submitting online that is the application date.
Due to new systems they may allow this to apply earlier as long as the appointment date is within the time frame to meet the residence period.
Someone on this forum even pointed to "Continuous residence guidance" where it says the decision date to be considered if it benefits the applicant ,but it does not mean one can apply 6 months earlier(assuming they will take 6 months to decide )

[CR001]

There is a lot of discussion going on the forum about this nobody is yet sure

Thank you for your response.

As per my perception, I think the date of application will be the date when the application is submitted online regardless of the documents upload or appointment date.

What do you think?

They must give some time to self upload documents before appointment date, so It will be good if they take appointment date as the date when considering the time period for continuity, However, technically if you are submitting online that is the application date.
Due to new systems they may allow this to apply earlier as long as the appointment date is within the time frame to meet the residence period.
Someone on this forum even pointed to "Continuous residence guidance" where it says the decision date to be considered if it benefits the applicant ,but it does not mean one can apply 6 months earlier(assuming they will take 6 months to decide )

indefinite-leave-to-remain/submitted-da ... l#p1704119

Date of Premium service appointment is your date of application. My ILR just approved today
I have submitted online application on 5th October but I am eligible from 6th November for ILR so I have booked my premium appointment on 14th November.

Many thanks for all your support from this Group

[CULLINAN]

There is a lot of discussion going on the forum about this nobody is yet sure

Thank you for your response.

As per my perception, I think the date of application will be the date when the application is submitted online regardless of the documents upload or appointment date.

What do you think?

They must give some time to self upload documents before appointment date, so It will be good if they take appointment date as the date when considering the time period for continuity, However, technically if you are submitting online that is the application date.
Due to new systems they may allow this to apply earlier as long as the appointment date is within the time frame to meet the residence period.
Someone on this forum even pointed to "Continuous residence guidance" where it says the decision date to be considered if it benefits the applicant ,but it does not mean one can apply 6 months earlier(assuming they will take 6 months to decide )

Thank you for your response. I agree there is mixed feedback for now. I think best is to wait and see what other members also have to say.

[CULLINAN]

There is a lot of discussion going on the forum about this nobody is yet sure

Thank you for your response.

As per my perception, I think the date of application will be the date when the application is submitted online regardless of the documents upload or appointment date.

What do you think?

They must give some time to self upload documents before appointment date, so It will be good if they take appointment date as the date when considering the time period for continuity, However, technically if you are submitting online that is the application date.
Due to new systems they may allow this to apply earlier as long as the appointment date is within the time frame to meet the residence period.
Someone on this forum even pointed to "Continuous residence guidance" where it says the decision date to be considered if it benefits the applicant ,but it does not mean one can apply 6 months earlier(assuming they will take 6 months to decide )

indefinite-leave-to-remain/submitted-da ... l#p1704119

Date of Premium service appointment is your date of application. My ILR just approved today
I have submitted online application on 5th October but I am eligible from 6th November for ILR so I have booked my premium appointment on 14th November.

Many thanks for all your support from this Group

Thank you for the link CR001

[CULLINAN]

There is a lot of discussion going on the forum about this nobody is yet sure

Thank you for your response.

As per my perception, I think the date of application will be the date when the application is submitted online regardless of the documents upload or appointment date.

What do you think?

They must give some time to self upload documents before appointment date, so It will be good if they take appointment date as the date when considering the time period for continuity, However, technically if you are submitting online that is the application date.
Due to new systems they may allow this to apply earlier as long as the appointment date is within the time frame to meet the residence period.
Someone on this forum even pointed to "Continuous residence guidance" where it says the decision date to be considered if it benefits the applicant ,but it does not mean one can apply 6 months earlier(assuming they will take 6 months to decide )

indefinite-leave-to-remain/submitted-da ... l#p1704119

Date of Premium service appointment is your date of application. My ILR just approved today
I have submitted online application on 5th October but I am eligible from 6th November for ILR so I have booked my premium appointment on 14th November.

Many thanks for all your support from this Group

Dear CR001,

Thank you for posting the link.

The member who posted it went for in person premium appointment. I would imagine in that case the date of application is the date of premium appointment.

However, Tier 1 does not qualify for premium in person same day appointments.

In that case, I am still confused as what will be the application date? “Online application submission” date or “appointment date” (biometrics in Tier1 case)

I am just concerned as I have to calculate my job creation for last 1 year from the “date of application”

Thank you

[CULLINAN]

Thank you for your response.

As per my perception, I think the date of application will be the date when the application is submitted online regardless of the documents upload or appointment date.

What do you think?

They must give some time to self upload documents before appointment date, so It will be good if they take appointment date as the date when considering the time period for continuity, However, technically if you are submitting online that is the application date.
Due to new systems they may allow this to apply earlier as long as the appointment date is within the time frame to meet the residence period.
Someone on this forum even pointed to "Continuous residence guidance" where it says the decision date to be considered if it benefits the applicant ,but it does not mean one can apply 6 months earlier(assuming they will take 6 months to decide )

indefinite-leave-to-remain/submitted-da ... l#p1704119

Date of Premium service appointment is your date of application. My ILR just approved today
I have submitted online application on 5th October but I am eligible from 6th November for ILR so I have booked my premium appointment on 14th November.

Many thanks for all your support from this Group

Dear CR001,

Thank you for posting the link.

The member who posted it went for in person premium appointment. I would imagine in that case the date of application is the date of premium appointment.

However, Tier 1 does not qualify for premium in person same day appointments.

In that case, I am still confused as what will be the application date? “Online application submission” date or “appointment date” (biometrics in Tier1 case)

I am just concerned as I have to calculate my job creation for last 1 year from the “date of application”

Thank you

Dear CR001 & Marcnath,

Another member posted this link in another thread. Thanks to him.

Page 18

“The date of application for online applications is the date it is submitted via the online process.
This date of application applies even where the applicant subsequently chooses to, or is asked to, attend an in person appointment”

https://assets.publishing.service.gov.u ... n-v1.0.pdf


So i think that is comfirmed that online application submission date will be considered as the application date for Tier 1.

Please can you comment your understanding on this.

Thank you

[marcnath]

I would agree with that for cases where Premium service is not available. Biometric or document submission date Is not considered as application date in the old system so no reason why they would change that.
Having said that, it should have minimal impact for an applicant. In most cases, the job creation is not exactly meeting the requirement on only one specific date- to me that would raise genuineness concerns. Also, HO is generally flexible and takes whatever is most favourable to the applicant. Plenty of cases here where the job creation requirement was met after application date but before decision date

[ishfaqsangra]

Thanks Marc for your valuable comments

Regards

[CULLINAN]

I would agree with that for cases where Premium service is not available. Biometric or document submission date Is not considered as application date in the old system so no reason why they would change that.
Having said that, it should have minimal impact for an applicant. In most cases, the job creation is not exactly meeting the requirement on only one specific date- to me that would raise genuineness concerns. Also, HO is generally flexible and takes whatever is most favourable to the applicant. Plenty of cases here where the job creation requirement was met after application date but before decision date

Thank you for your response. That settles it down. Actually I wanted to mention the dates in the cover letter for job creation to make it simple for caseworker.
If I submit my application on 7th Jan 2019, I can go back to 7th Jan 2018 for job creation although I will be sending FPS for Jan 2019 so even if they consider any later date it should be okay as the employee will be ongoing and started back in 2015.

Thank you once again.

[CULLINAN]

Dear Marcnath,

I am sorry for going paranoid but please can i have your quick approval (more paranoid as I had to wait 16 months for my extension!)

Actually the new system unfolding with time has given me a new persepective.

Employee 1 1st jan 18 - 31st dec 2018 (12 months FT) ongoing employee
Employee 2 1st july 18 - 1st Nov 2018 (4 months FT)
Employee 2 1st May 18 - 31st dec 2018 (8 months FT) on going employee

i qualify for ILR on 19th Dec but only fulfill my job creation requirements by 31st Dec.

Initially I thought to apply on 7th jan cz i would not be able to post my application on 1st (new years) so could not count as application date.

However with new system rolling, I can apply on 1st Jan 2019 online (i hope so?) and claim for previous 1 year employment from that day. This way I dont have to worry about early Jan 2019 FPS (as discussed earlier)

My date of application will be 1st Jan 19 when i submit and pay and maybe I will get appointment in next few days hoping for 2nd or 3rd jan 19.

Is this the right way to do it?

Thank you

[marcnath]

You can apply anytime after 31st Dec.

[CULLINAN]

You can apply anytime after 31st Dec.

Thank you

[Meesha]

Hi all,
I am so confused after following these posts.
What is 12 months before applying ILR job requirement?
I got my visa pre April 2014 and got extension in June2017.
I had two employees who worked from July 2017 to July 2018 (one year). But i am applying for ILR next week. This means i did not have employees in last 12 months of applying for ILR? I dont know if i am thinking it right? Am i affected by this rule?

Many thanks

[CULLINAN]

Hi all,
I am so confused after following these posts.
What is 12 months before applying ILR job requirement?
I got my visa pre April 2014 and got extension in June2017.
I had two employees who worked from July 2017 to July 2018 (one year). But i am applying for ILR next week. This means i did not have employees in last 12 months of applying for ILR? I dont know if i am thinking it right? Am i affected by this rule?

Many thanks

The requirement is that you need 104 weeks or 3120 hours in total of job creation to claim points. It has to be AFTER your extension is granted.

The only exception is: If your extension is granted less than a year ago from your ILR date of application you can claim for job creation for the last 1 year from that date. It applies in my particular case.

In your case it does not apply. you have to claim 12 months of FT job creation 104 weeks or 3120 hours AFTER your extension date.

Hope that clears it out.

[CULLINAN]

Dear Marcnath,

Please can you have a look at these two attachments (read them in continuity)

As I mentioned before my monthly pay slips are made per month but 8 months have 120 hours and 4 months have 150 hours.

But this is how my accountant calculates the breakdown of employee hours. 30 hours per week each. Total 3120 hours and 104 weeks with three FT employees. The employee start and end dates are given at the top and the week dates are “week ending dates”

Please let me know if this is acceptable and easy to understand.

I apologize for the small font and and two attachments (I hope its readable) as the system was not letting me attach one large file.

Many thanks

[CULLINAN]

If I calculate the other way to check this:

Employee 1: 130hr*12months= 1560 hours (seems ok)

Employee 2: 130hr*8months= 1040 hours whereas on the caluclation it is 1050 hours

Employee 3: 130hr*4 months = 520 hours whereas in the calculation its 510 hours.

Dont you think employee 3 should have 30 hours from Oct 26 - 2nd Nov (week ends) also as he left job on 1st Nov. So from (Oct 26 to 1st Nov) week can input 30 hours so total will be 540 hours then. so now will have excess of 20 hours (130hr*4months= 520)

But if I do like this in weekly chart total number of hours become 540 but monthly chart stays 510 how is that possible? I am missing something out!

I am a bit lost please help

Thanks

[CULLINAN]

Note:

1st Jan 2018 - 31st Dec 2018

Employee 1: 52 weeks
Employee 2 : 35 weeks
Employee 3: 17 weeks

Total 104 weeks 30 hours/week

If I calculate it week wise it seems correct but not from 130 hours per month point of view as stated above, it only seems correct when 30 hours are added for employee 3 for week (Oct 26 - 2nd Nov). But how will that reflect now? If yes, would that have to be reflected in Nov RTI FPS?

I am sorry it is a bit confusing but this is how my payroll is generated. Just making sure I qualify correctly

[marcnath]

I haven't gone through all the older posts so I may be repeating myself.

And honestly, I get frustrated by people who keep totalling hours. There is no reference from HO to TOTAL HOURS in any part of the immigration rules or in any cases presented here so far.

My view is that this is an unusual arrangement and so troublesome. The CW is not obliged to look through non specified documents (at least not in the initial consideration). So, I expect them to take your FPS and Payslips, divide the gross salary by hourly rate and calculate the hours worked. And in that case, you don't meet the requirements.

In my opinion, an accountant letter is not dependable for this as they don't have an independent professional standing on employment matters. They are only repeating the information you give them.

The right way to address is this for the payslips to have the exact date for which the salary is paid each month. So, the 1st payslip would clearly say it is applicable from 30-Dec-17 to 26-Jan-18, for example. That is definitely more defendable than an accountant letter.

And I don't understand your statement "employee 3 should have 30 hours from Oct 26 - 2nd Nov (week ends) also as he left job on 1st Nov". That depends on how much you paid him for that week. If the employee worked from Oct 26 to Oct 31 (5 days) but you paid him 30*7.83, then yes, you can claim that as a full week.