Tier 1 Ent £50k ILR

[lifeinthukilr]

Hi All,

I am posting my question here as it falls under the same topic in discussion (Dear, Admins - Please let me know if I need to start a new thread for asking my question)

My Timelines:

My Initial application (T1E - 50k route) was submitted on 23rd October 2013. [Mine is a Pre-April 2014 scenario]

First 3 years visa: Initial grant

Issue date : 05th November 2013

Expiry date : 05th November 2016

Next 2 years visa: EXTENSION

Issue date : 03rd January 2017

Expiry date : 03rd January 2019

I am eligible to apply for ILR on 8th of October 2018.
However, my question is around:
a) Number of employees in the extension period (Jan-2017 to Sept-2018) = 37 Months employment
b) Number of employees in the most recent 12 months just before going for ILR (Oct-2017 to Sept-2018) = 22 Months employment

Below is a month-wise distribution of my company payroll during the extension period (Jan-2017 to Sept-2018)

Jan-2017 => 2 Employees (Full Time)
Feb-2017 => 1 Employee (Full Time)
Mar-2017 => 1 Employee (Full Time)
Apr-2017 => 1 Employee (Full Time)
May-2017 => 2 Employees (Full Time)
Jun-2017 => 2 Employees (Full Time)
Jul-2017 => 2 Employees (Full Time)
Aug-2017 => 2 Employees (Full Time)
Sep-2017 => 2 Employees (Full Time)
Oct-2017 => 2 Employees (Full Time)
Nov-2017 => 1 Employee (Full Time)
Dec-2017 => 1 Employee (Full Time)
Jan-2018 => 2 Employees (Full Time)
Feb-2018 => 2 Employees (Full Time)
Mar-2018 => 2 Employees (Full Time)
Apr-2018 => 2 Employees (Full Time)
May-2018 => 2 Employees (Full Time)
Jun-2018 => 2 Employees (Full Time)
Jul-2018 => 2 Employees (Full Time)
Aug-2018 => 2 Employees (Full Time)
Sep-2018 => 2 Employees (Full Time)

If I go for ILR on 08th of October 2018 then the Case Worker will consider the most recent 12 months (Oct-2017 to Sept-2018 = 37 months) employement OR the entire employment maintained during the extension period (Jan-2017 to Sept-2018 = 22 months)

My question is if my situation is covered around the below 2 paragraphs:

 The job creation rules currently require jobs to have existed for at least 12 months during the applicant’s most recent period of leave. A change is being made to enable applicants to apply even if their current leave was granted less than 12 months ago; in such cases the jobs must have existed for at least 12 months before the date of the current application.

 A transitional arrangement relating to the job creation requirement for applicants who entered the category before 6 April 2014, currently set out in published guidance, is being incorporated into the Immigration Rules. This transitional arrangement will only apply to extension and settlement applications made before 6 April 2019.


I hope I managed to explain my question with clarity.

Please let me know your opinions.


Many Thanks in advance

[CR001]

Post split and moved to ILR sub forum.

[lifeinthukilr]

Hi All,

I am posting my question here as it falls under the same topic in discussion (Dear, Admins - Please let me know if I need to start a new thread for asking my question)

My Timelines:

My Initial application (T1E - 50k route) was submitted on 23rd October 2013. [Mine is a Pre-April 2014 scenario]

First 3 years visa: Initial grant

Issue date : 05th November 2013

Expiry date : 05th November 2016

Next 2 years visa: EXTENSION

Issue date : 03rd January 2017

Expiry date : 03rd January 2019

I am eligible to apply for ILR on 8th of October 2018.
However, my question is around:
a) Number of employees in the extension period (Jan-2017 to Sept-2018) = 37 Months employment
b) Number of employees in the most recent 12 months just before going for ILR (Oct-2017 to Sept-2018) = 22 Months employment

Below is a month-wise distribution of my company payroll during the extension period (Jan-2017 to Sept-2018)

Jan-2017 => 2 Employees (Full Time)
Feb-2017 => 1 Employee (Full Time)
Mar-2017 => 1 Employee (Full Time)
Apr-2017 => 1 Employee (Full Time)
May-2017 => 2 Employees (Full Time)
Jun-2017 => 2 Employees (Full Time)
Jul-2017 => 2 Employees (Full Time)
Aug-2017 => 2 Employees (Full Time)
Sep-2017 => 2 Employees (Full Time)
Oct-2017 => 2 Employees (Full Time)
Nov-2017 => 1 Employee (Full Time)
Dec-2017 => 1 Employee (Full Time)
Jan-2018 => 2 Employees (Full Time)
Feb-2018 => 2 Employees (Full Time)
Mar-2018 => 2 Employees (Full Time)
Apr-2018 => 2 Employees (Full Time)
May-2018 => 2 Employees (Full Time)
Jun-2018 => 2 Employees (Full Time)
Jul-2018 => 2 Employees (Full Time)
Aug-2018 => 2 Employees (Full Time)
Sep-2018 => 2 Employees (Full Time)

If I go for ILR on 08th of October 2018 then the Case Worker will consider the most recent 12 months (Oct-2017 to Sept-2018 = 22 months) employment OR the entire employment maintained during the extension period (Jan-2017 to Sept-2018 = 37 months)

My question is if my situation is covered around the below 2 paragraphs:

 The job creation rules currently require jobs to have existed for at least 12 months during the applicant’s most recent period of leave. A change is being made to enable applicants to apply even if their current leave was granted less than 12 months ago; in such cases the jobs must have existed for at least 12 months before the date of the current application.

 A transitional arrangement relating to the job creation requirement for applicants who entered the category before 6 April 2014, currently set out in published guidance, is being incorporated into the Immigration Rules. This transitional arrangement will only apply to extension and settlement applications made before 6 April 2019.


I hope I managed to explain my question with clarity.

Please let me know your opinions.


Many Thanks in advance

[lifeinthukilr]

Correction:

If I go for ILR on 08th of October 2018 then the Case Worker will consider the most recent 12 months (Oct-2017 to Sept-2018 = 22 months) employment OR the entire employment maintained during the extension period (Jan-2017 to Sept-2018 = 37 months) ?

[marcnath]

Correction:

If I go for ILR on 08th of October 2018 then the Case Worker will consider the most recent 12 months (Oct-2017 to Sept-2018 = 22 months) employment OR the entire employment maintained during the extension period (Jan-2017 to Sept-2018 = 37 months) ?

The entire period. I am not sure why you even think it should be most recent 12 months if you read the extract you posted properly

[lifeinthukilr]

Hi Marcnath - Thanks a million for your valuable respone, I really appreciate for the prompt response.

The reason I asked this question because the last line in the below paragraph is a bit misleading to me where it is not clear if the new rule of the most recent last 12 month employment will be considered regardless of Pre-April2014 OR Post-April2014. Plus there is a mention of transitional arrangement which will be applicable for both Extension and Settlement if the application is made before April2019 (and I am planning to apply for the settlement application in Oct-2018, which falls before April2019).

 A transitional arrangement relating to the job creation requirement for applicants who entered the category before 6 April 2014, currently set out in published guidance, is being incorporated into the Immigration Rules. This transitional arrangement will only apply to extension and settlement applications made before 6 April 2019.

I just wanted to make sure that the Case Worker will NOT consider my application as Post-April2014 category (by mistake) and will not give points for job creation by considering my recent 12 months (Oct-2017 to Sep-2018) has 22 months of employment, whereas in the entire extension period (Jan-2017 to Sep-2018) the jobs are maintained for 37 months altogether.

In a nutshell - I just wanted to confirm that the paragraph 7.16 of

https://assets.publishing.service.gov.u ... _PRINT.pdf

speaks about the last 12 months job creation requirement for ONLY those applicants whose current leave was granted less than 12 months ago (which truly is NOT my case).
So, if I go for ILR on 08th of October 2018 then I will get points rewarded for the Job creation. Is that right?

[marcnath]

Hi Marcnath - Thanks a million for your valuable respone, I really appreciate for the prompt response.

The reason I asked this question because the last line in the below paragraph is a bit misleading to me where it is not clear if the new rule of the most recent last 12 month employment will be considered regardless of Pre-April2014 OR Post-April2014. Plus there is a mention of transitional arrangement which will be applicable for both Extension and Settlement if the application is made before April2019 (and I am planning to apply for the settlement application in Oct-2018, which falls before April2019).

 A transitional arrangement relating to the job creation requirement for applicants who entered the category before 6 April 2014, currently set out in published guidance, is being incorporated into the Immigration Rules. This transitional arrangement will only apply to extension and settlement applications made before 6 April 2019.

I just wanted to make sure that the Case Worker will NOT consider my application as Post-April2014 category (by mistake) and will not give points for job creation by considering my recent 12 months (Oct-2017 to Sep-2018) has 22 months of employment, whereas in the entire extension period (Jan-2017 to Sep-2018) the jobs are maintained for 37 months altogether.

In a nutshell - I just wanted to confirm that the paragraph 7.16 of

https://assets.publishing.service.gov.u ... _PRINT.pdf

speaks about the last 12 months job creation requirement for ONLY those applicants whose current leave was granted less than 12 months ago (which truly is NOT my case).
So, if I go for ILR on 08th of October 2018 then I will get points rewarded for the Job creation. Is that right?

You are correct it is as the highlighted portion

[lifeinthukilr]

Thanks Marcnath for your reply.

Is it safe to apply for ILR application on 08th October 2018?


Many Thanks

[marcnath]

Thanks Marcnath for your reply.

Is it safe to apply for ILR application on 08th October 2018?


Many Thanks

From the info you have provided, yes

[lifeinthukilr]

Thanks a lot Marcnath. I really appreciate your time for looking into my query and providing me with your valuable response.

God bless !!


Many Thanks

[lifeinthukilr]

Thanks Marcnath once again.

I am keeping myself updated with the Latest Policy Guidance (Page 34) as I am approaching my ILR application time:
https://assets.publishing.service.gov.u ... _07.18.pdf


And I am delighted to know that the rules are clear there regarding Job creation for those who have got their most recent grant of leave more than 12 months ago. It says as:

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 your current application.


By the way, how often does the Policy guidance changes? The above link refers to the most recent Guidance which was published in July 2018.
Just wondering if there is one more version of Policy Guidance that could get published between now and October 2018?

Any idea?

Many Thanks once again.

[marcnath]

Thanks Marcnath once again.

I am keeping myself updated with the Latest Policy Guidance (Page 34) as I am approaching my ILR application time:
https://assets.publishing.service.gov.u ... _07.18.pdf


And I am delighted to know that the rules are clear there regarding Job creation for those who have got their most recent grant of leave more than 12 months ago. It says as:

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 your current application.


By the way, how often does the Policy guidance changes? The above link refers to the most recent Guidance which was published in July 2018.
Just wondering if there is one more version of Policy Guidance that could get published between now and October 2018?

Any idea?

Many Thanks once again.

There are no time frames. You should always check to see if there is any update before you apply

[lifeinthukilr]

Thanks a lot Marcnath

[lifeinthukilr]

Hi,

Has anyone waiting for ILR decision after having submitted the SET(0) for T1E-50K route received the letter from Home Office saying "exceptionally complex issues"?

I have received this letter from HO when they have already completed their service standard of 6 months.
I applied for ILR via SET(0) T1E - 50K route on 12th of October 2018. And I did not get decision from HO after complete 6 months. I then called UKVI on 15th of April 2019 to look into my application because 6 months service standard has already been completed and no decision has been made yet.

And on 17th of April 2019, Home Office has issued me a letter mentioning that my application raises "exceptionally complex issues" which requires more time to consider before making a decision.

Is there anyone in the same/similar situation?

I just want to understand if this is the standard template from HO?

[CULLINAN]

Were you interviewed at extension or initial stage? How long did your extension take?

[lifeinthukilr]

Hi tier11417,

I was not interviewed at the time of my initial grant / or extension.

My extension took 8 weeks.

[natsha]

JUST CHill and relax not point to contact home office or MP.

They will take as much as they want time. My Friend waiting for more than 11 months not received yet.

[CULLINAN]

Hi tier11417,

I was not interviewed at the time of my initial grant / or extension.

My extension took 8 weeks.

As I said, no one can really say with certainty why HO is taking so long. I have seen cases where members were sent complex letters and then followed the decisions also. Some have to wait longer after complex letter. Really, its quite random.

I am just trying to understand why HO is taking so long this time where as your extension was granted in 8 weeks which was an excellent time line given so many members waiting ages for their extensions including myself (16 months!)

Did you change your business after extension?

Any thing different you did which you were not doing before extension stage?

[CULLINAN]

JUST CHill and relax not point to contact home office or MP.

They will take as much as they want time. My Friend waiting for more than 11 months not received yet.

Not every one is waiting for 11 months. One member just got ILR in 1.5 months.

[lifeinthukilr]

Thanks natsha , tier11417 for your responses.

Hi tier11417 - I did not make any major change with my business. It is still the same nature of business since the beginning.

I did change my office location to a different location for nearly 6 months and then due to some issues (such as slow internet and heating systems) with the new office I took my office back to the old address. That's the only change.

Plus my employees are working hard as always and therefore, I gave them some salary raise which is very common in the business world.

Other than these 2 changes, I did not make any major changes.

[moongesture]

There must be something which tigger complex case scenario. Revise your documents list including any personal / business docs you have provided to home office. Hope you will hear soon.

[CULLINAN]

Thanks natsha , tier11417 for your responses.

Hi tier11417 - I did not make any major change with my business. It is still the same nature of business since the beginning.

I did change my office location to a different location for nearly 6 months and then due to some issues (such as slow internet and heating systems) with the new office I took my office back to the old address. That's the only change.

Plus my employees are working hard as always and therefore, I gave them some salary raise which is very common in the business world.

Other than these 2 changes, I did not make any major changes.

These two changes are pretty normal. Not sure why they are taking too long. Hope for the best. Goodluck! Hope you hear soon. Keep us posted.

I dont know how HO works, but personally I have noted there are phases when HO decides applications quickly and then instances when the speed slows down and a whole bunch is waiting. This is just my personal observation, I have noted many members who have applied in October 2018 have had delays. Not sure why. People who applied in June/July 2018 got their decisions pretty quickly.

[mohsensari]

Hi,

Has anyone waiting for ILR decision after having submitted the SET(0) for T1E-50K route received the letter from Home Office saying "exceptionally complex issues"?

I have received this letter from HO when they have already completed their service standard of 6 months.
I applied for ILR via SET(0) T1E - 50K route on 12th of October 2018. And I did not get decision from HO after complete 6 months. I then called UKVI on 15th of April 2019 to look into my application because 6 months service standard has already been completed and no decision has been made yet.

And on 17th of April 2019, Home Office has issued me a letter mentioning that my application raises "exceptionally complex issues" which requires more time to consider before making a decision.

Is there anyone in the same/similar situation?

I just want to understand if this is the standard template from HO?

Have you received any monthly update?

[lifeinthukilr]

Hi tier11417,

Yes, I was always getting the same monthly update via the email on the following dates:
12 Nov 2018
12 Dec 2018
12 Jan 2019
12 Feb 2019
12 Mar 2019
12 Apr 2019

saying the standard message as shown below:

"Dear customer,

Case ID: abcdefgh

We are emailing you to confirm that your recent Home Office application is still under consideration and we expect to make a decision within 6 months of the date of your application, which is our service standard. If we are unable to process your application within 6 months we will tell you as soon as possible. "

[mohsensari]

The complex letter is the way for Home Office to buy more time.