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Child Born During Extension waiting time

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Amz
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Child Born During Extension waiting time

Post by Amz » Mon Jul 02, 2018 11:00 am

Hi All

I applied my visa extension in Tier 1 50K route on 25th March 2017, my son was born on 16th April 2018 and I received my BRP extension approved on 22nd June 2018. I would like to know which form to fill to apply for my son's dependant visa. Various people have told me various things, I would appreciate if someone can post a link to the application and visa guidelines here .

Also while i am at it, i might as well ask something else as well.

I am pre April 2014 applicant and since i am granted visa in June 2018, does that mean i can apply for my ILR in July 2018 with 1 employee for 12 months and 2 employees for 6 months each or 2 employess for 12 months.

Also i was told that i can apply ILR 30 days before my due date of 5 years completion, wouldn't applying 30 days before off-set the employee requirement of 12 months job period as full time employement hours would be short by a month or let say 120 hours ?

Regards

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CR001
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Re: Child Born During Extension waiting time

Post by CR001 » Mon Jul 02, 2018 11:06 am

You can apply for ILR no sooner than WITHIN 28 days before reaching 5 years (not 30 days).

If you plan on applying to register your newborn child as British on form MN1 once you get ILR, then there is no need to apply for a dependent visa.

https://www.gov.uk/tier-1-entrepreneur/family-members

https://visas-immigration.service.gov.u ... dant-child

https://www.gov.uk/government/publicati ... -dependant
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marcnath
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Re: Child Born During Extension waiting time

Post by marcnath » Mon Jul 02, 2018 12:32 pm

Amz wrote:
Mon Jul 02, 2018 11:00 am
I applied my visa extension in Tier 1 50K route on 25th March 2017, my son was born on 16th April 2018 and I received my BRP extension approved on 22nd June 2018. I would like to know which form to fill to apply for my son's dependant visa. Various people have told me various things, I would appreciate if someone can post a link to the application and visa guidelines here .
As CR001 pointed out, you can apply to register your son for British Citizenship without getting a visa in the meantime, if that is the intention. If you need a visa to travel in the meantime, then you would use the normal PBS dependant application form.
Amz wrote:
Mon Jul 02, 2018 11:00 am

I am pre April 2014 applicant and since i am granted visa in June 2018, does that mean i can apply for my ILR in July 2018 with 1 employee for 12 months and 2 employees for 6 months each or 2 employess for 12 months.
Depends on when you are eligible for your ILR (you did not state your initial grant date).
If you are applying in April 2019, the transitional rules do not apply and you have to have two FT jobs of 12 months each.
Amz wrote:
Mon Jul 02, 2018 11:00 am

Also i was told that i can apply ILR 30 days before my due date of 5 years completion, wouldn't applying 30 days before off-set the employee requirement of 12 months job period as full time employement hours would be short by a month or let say 120 hours ?
The question is confusing.

The revised rules allow you to use some part of the jobs before extension grant date. So, if you apply within 12 months of extension grant (i.e before June 2019), you can use the jobs created within 12 months of your application date, even if part of that period falls before June 2018. So, if you apply in Mar 2019, you can use jobs created between April 2018 and Mar 2019
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.

Amz
Junior Member
Posts: 91
Joined: Tue Feb 14, 2017 4:15 pm

Re: Child Born During Extension waiting time

Post by Amz » Tue Jul 03, 2018 6:25 pm

marcnath wrote:
Mon Jul 02, 2018 12:32 pm
Amz wrote:
Mon Jul 02, 2018 11:00 am
I applied my visa extension in Tier 1 50K route on 25th March 2017, my son was born on 16th April 2018 and I received my BRP extension approved on 22nd June 2018. I would like to know which form to fill to apply for my son's dependant visa. Various people have told me various things, I would appreciate if someone can post a link to the application and visa guidelines here .
As CR001 pointed out, you can apply to register your son for British Citizenship without getting a visa in the meantime, if that is the intention. If you need a visa to travel in the meantime, then you would use the normal PBS dependant application form.
Amz wrote:
Mon Jul 02, 2018 11:00 am

I am pre April 2014 applicant and since i am granted visa in June 2018, does that mean i can apply for my ILR in July 2018 with 1 employee for 12 months and 2 employees for 6 months each or 2 employess for 12 months.
Depends on when you are eligible for your ILR (you did not state your initial grant date).
If you are applying in April 2019, the transitional rules do not apply and you have to have two FT jobs of 12 months each.
Amz wrote:
Mon Jul 02, 2018 11:00 am

Also i was told that i can apply ILR 30 days before my due date of 5 years completion, wouldn't applying 30 days before off-set the employee requirement of 12 months job period as full time employement hours would be short by a month or let say 120 hours ?
The question is confusing.

The revised rules allow you to use some part of the jobs before extension grant date. So, if you apply within 12 months of extension grant (i.e before June 2019), you can use the jobs created within 12 months of your application date, even if part of that period falls before June 2018. So, if you apply in Mar 2019, you can use jobs created between April 2018 and Mar 2019


Hi Marcnath

Thanks for the insight, I was reading the Tier 1 Guide and it says on the guidelines:

'' Pre 6th April 2014 transitional arrangement- job creation
If you successfully applied to enter and have continually remained in the route since before the 6th of April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation):
• 1 worker for 24 months
• 1 worker for 6 months and one for 18 months
• 4 workers for 6 months each
Please note: This transitional arrangement will come to an end on 6th April 2019. If you intend to make an extension or settlement application on or after 6th April 2019, you will not be able to rely on this transitional arrangement.''

My initial grant was approved on 3rd April 2014.

I have 1 employee working since July 2017 so if I keep an employee now then by 4th March 2019 ( 28 days before the completion of 5 years) one of my employees would be 19 months with me and the other one would be 9 months so would that sort me out ?

Also I had another Query (below are the time lines during the waiting period of my extension period which started April 2017)

Employee A: Left in February 2018 (10 months)
Employee B: Joined July 2017 and is still continuing so in March 2019 he will be 19 months with me.

Can i combine Employee A (who wouldn't be in continuity at the time of ILR in March 2019) and Employee B or do i have to Employee a new person to get that continuity and combine Employee B & C in March 2019.

Employee C would be joining me next month so by the time of ILR in March 2019 She would be with me for 7 months so 19 months + 7 months = 26 months which fulfils the criteria.

Sorry for confusing guys.

Regards

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marcnath
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Location: Milton Keynes
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Re: Child Born During Extension waiting time

Post by marcnath » Tue Jul 03, 2018 10:32 pm

Amz wrote:
Tue Jul 03, 2018 6:25 pm

My initial grant was approved on 3rd April 2014.

I have 1 employee working since July 2017 so if I keep an employee now then by 4th March 2019 ( 28 days before the completion of 5 years) one of my employees would be 19 months with me and the other one would be 9 months so would that sort me out ?
If you are applying on 4th Mar 2019, you can only use the jobs created between 5th March 2018 and 4th March 2019.
Amz wrote:
Tue Jul 03, 2018 6:25 pm

Also I had another Query (below are the time lines during the waiting period of my extension period which started April 2017)

Employee A: Left in February 2018 (10 months) Not usable for ILR
Employee B: Joined July 2017 and is still continuing so in March 2019 he will be 19 months with me. 12 months from March 2018 is usable, so 12 months of the 24 required.

Can i combine Employee A (who wouldn't be in continuity at the time of ILR in March 2019) and Employee B or do i have to Employee a new person to get that continuity and combine Employee B & C in March 2019. As stated above, Employee A is not usable
Amz wrote:
Tue Jul 03, 2018 6:25 pm

Employee C would be joining me next month so by the time of ILR in March 2019 She would be with me for 7 months so 19 months + 7 months = 26 months which fulfils the criteria.
Again, you can only use Employee B for 12 months. So, you need to wait until Employee C completes 12 months (August 2019) to apply for your ILR or employ another employee for 5 months before March 2019
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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