Tier 1 Entrepreneur - ILR route

[Minnzzy]

Hi,

I was granted the Tier 1 Entrepreneur in Nov 2013 although i moved to Uk only in July 2014 and got my Tier 1 Extension granted in Oct 2017 though i had applied for extension in Feb 2017. Kindly assist in when i will be eligible for ILR ?

1. Is the calculation of ILR is still backwards for 5 years from the date you file your ILR ?

2. If the answer to the above is yes, then can i apply for ILR in April 2019 as me and my dependants ( my spouse and son) would be eligible by then and completed 180 days living in UK in each year (am treating the calculation year from April 2014-April 2019 for this, even though we moved to UK in July 2014.) although my extension only expires in OCT 2019.

3. Since i have to apply from Tier 1- ILR i know i need to fulfil the 2 full time jobs (or can i still do 4 part time jobs ) in these 2 years of extension ( since i am pre 2014) ?

4. Can i use the period from Feb 2017- Oct 2017 while i was waiting for the extension can that be counted for the 2 or 4 jobs created ? If not then does that mean if i am applying for ILR in April 2019 then i should have completed the 2 full time jobs by April 2019?

5. Someone on a similar visa informed me that for Tier 1- ILR only the main applicant needs to fulfill the criteria of 180 days living in UK and not the dependants. Is it true? Does this mean that if the dependants are overseas and do not complete 180 days in UK they are still eligible to apply for ILR with the main applicant.

6. My son was granted Tier 1 dependant in 2013 since he was 17 years but now he has graduated and in process of doing post grad. Please advise if he can still file for ILR dependant with me. He is not in any full time job and still dependant on us financially and living with us.

7. I have done my studies from University in India so do i need to give IELTS ( I know Life in UK test is required for all ) or just a letter from my university be sufficient or do i need to get this verified here in UK even though they have been submitted in my initial applications.

Would appreciate your kind and response from the senior members.

Regards,
Minnzzy

[marcnath]

Hi,

I was granted the Tier 1 Entrepreneur in Nov 2013 although i moved to Uk only in July 2014 and got my Tier 1 Extension granted in Oct 2017 though i had applied for extension in Feb 2017. Kindly assist in when i will be eligible for ILR ?

Your eligibility is July 2019. You can apply 28 days before your eligibility.

1. Is the calculation of ILR is still backwards for 5 years from the date you file your ILR ?

Not sure what that means

2. If the answer to the above is yes, then can i apply for ILR in April 2019 as me and my dependants ( my spouse and son) would be eligible by then and completed 180 days living in UK in each year (am treating the calculation year from April 2014-April 2019 for this, even though we moved to UK in July 2014.) although my extension only expires in OCT 2019.

You can only use grant date of visa if the time between grant and entry is less than 180 days. Which is not your case, so you need to use entry date as the start of your 5 year period.
The requirement for the spouse is slightly different. It is that you should have been living together IN THE UK for five years. So, your spouse would anyway only be eligible in July 2019. It follows your son has the same eligibility.

3. Since i have to apply from Tier 1- ILR i know i need to fulfil the 2 full time jobs (or can i still do 4 part time jobs ) in these 2 years of extension ( since i am pre 2014) ?

You can no longer depend on the transitional arrangements.
You can have both full time and part time jobs. So 4 part time jobs is ok. But each of the jobs have to last for 12 months, at a minimum.

4. Can i use the period from Feb 2017- Oct 2017 while i was waiting for the extension can that be counted for the 2 or 4 jobs created ? If not then does that mean if i am applying for ILR in April 2019 then i should have completed the 2 full time jobs by April 2019?

No.

5. Someone on a similar visa informed me that for Tier 1- ILR only the main applicant needs to fulfill the criteria of 180 days living in UK and not the dependants. Is it true? Does this mean that if the dependants are overseas and do not complete 180 days in UK they are still eligible to apply for ILR with the main applicant.

Correct in your case. The rules have changed this year but is not applicable to your case.

6. My son was granted Tier 1 dependant in 2013 since he was 17 years but now he has graduated and in process of doing post grad. Please advise if he can still file for ILR dependant with me. He is not in any full time job and still dependant on us financially and living with us.

Yes, he can. There is some additional documentation needed.

7. I have done my studies from University in India so do i need to give IELTS ( I know Life in UK test is required for all ) or just a letter from my university be sufficient or do i need to get this verified here in UK even though they have been submitted in my initial applications.

You do not need to submit any evidence for English again. You get the points as your previous visa as T1E

[Minnzzy]

Thanks for your reply.

I am a little confused now. I was granted Tier 1 in Nov 2013 when i made my first entry for 10 days with my son then came back to Uk again in Feb 2014 for a few days and finally moved permanently in July 2014 so does than mean i will be able to apply for ILR in July 2019 or even earlier.

As for my spouse his first entry was in Feb 2014 for a few days and then again permanently in july 2014 with me. My son permanently moved in Aug 2014 permanently after his first entry in Nov 2013.. So with this scenario when do you think we can apply for the ILR considering my extension expires in Oct 2019.

Me and my spouse have been living togetherin UK while our son stayed in uni accommodation for first year then staying with us in our house ever since but has been dependant on us financially and despite a few internships or small unit jobs. Hope that is no concern. Do we need to show some proof for all these 5 years for both dependants with the same address?

Jobs- When you say each job must last for 12 months what does that mean? If i have part timers as chefs/ service, helpers then the candidate should have worked with me for min 12 months at a stretch . If they quit i need to find someone in the similar capacity to complete the 12 month period. If i understand correctly i cannot use the employment / jobs created from Feb 2017- Oct 2017 which means that from Oct 2017 till the time i apply for my ILR i should have met the criteria of 2 full time employments or 4 part times each for 12 months ? Can i understand this in more detail.

What did you mean by correct in my case but not applicable to my case? Understand this is a new law that dependants qualify for ILR despite them being in the country but in my case i cant ?

What is the additional documentation needed for my son. I read on the forum it has to be a separate SET M form for each of my spouse and son. Please advise.

For the English language - as per your advise i do not need to get the NAARIC or IELTS. only the Life in UK test which is applicable for all 3 of us ?

Would appreciate your help.

Thanks in advance.

[marcnath]

I am a little confused now. I was granted Tier 1 in Nov 2013 when i made my first entry for 10 days with my son then came back to Uk again in Feb 2014 for a few days and finally moved permanently in July 2014 so does than mean i will be able to apply for ILR in July 2019 or even earlier.

As for my spouse his first entry was in Feb 2014 for a few days and then again permanently in july 2014 with me. My son permanently moved in Aug 2014 permanently after his first entry in Nov 2013.. So with this scenario when do you think we can apply for the ILR considering my extension expires in Oct 2019.

Ok. You did not mention the Feb 2014 entry earlier. Since you entered within 180 days, you qualify for ILR from Nov 2018 onwards. Your spouse and child qualify from Feb 2019 onwards.

Me and my spouse have been living togetherin UK while our son stayed in uni accommodation for first year then staying with us in our house ever since but has been dependant on us financially and despite a few internships or small unit jobs. Hope that is no concern. Do we need to show some proof for all these 5 years for both dependants with the same address?

The requirement for living together is only for your spouse, not children.

Jobs- When you say each job must last for 12 months what does that mean? If i have part timers as chefs/ service, helpers then the candidate should have worked with me for min 12 months at a stretch . If they quit i need to find someone in the similar capacity to complete the 12 month period. If i understand correctly i cannot use the employment / jobs created from Feb 2017- Oct 2017 which means that from Oct 2017 till the time i apply for my ILR i should have met the criteria of 2 full time employments or 4 part times each for 12 months ? Can i understand this in more detail.

Interestingly, depending on the exact date of your entry and the exact date of your extension, you MAY be able to use the employment in Oct 2017. Under the revised rules, if you apply for ILR within 12 months of your extension grant date, then you can use the employment in the 12 months prior to the application.
Example, if you initial visa was on 1st Nov 2013 and extension was granted on 31st Oct 2017, you can apply for ILR by 3rd October 2018, which is within 12 months after extension. In that case, you can use employment between 4th October 2017 and 3rd October 2018 for your ILR job creation. But I don't think it will make a significant difference for you.

On the employment, remember it is jobs, not employees. So, if it is Chef job, you could have someone work Dec 2017 to Feb 2018, another person doing that job between Apr 2018 to June 2018 and a 3rd person between Oct 2018 and Mar 2019 - that would be one job that has covered 12 months. Does not matter whether it is full time or part time job, as long as each job has 12 months/52 weeks of employment.

What did you mean by correct in my case but not applicable to my case? Understand this is a new law that dependants qualify for ILR despite them being in the country but in my case i cant ?

Correct that only the main applicant needs to meet the criteria of being away for less than 180 days under the old rules (which apply to your case). Under new rules, dependants must also meet that criteria, but it is only applicable to new dependant applications, so not applicable to you.

What is the additional documentation needed for my son. I read on the forum it has to be a separate SET M form for each of my spouse and son. Please advise.

DO NOT USE the SET(M) form !!! - that will reset the 5 year clock for your spouse and son. You will just add them as dependants in your SET (O) form.

The additional documents I referred to was for PBS dependant visa. I am not absolutely sure it applies for ILR, but I would think so.

The PBS dependant guidance states:
119. If you are over the age of 16, you should submit the following documentation in support of your application. Two items from the list below confirming your residential address:
• bank statements; and/or
• credit card bills; and/or
• driving licence; and/or
• NHS Registration document; and/or
• letter from your current school, college or university confirming your address. This must be on official headed paper and bearing the official stamp of that organisation. It must have been issued by an authorised official of that organisation.
120. The documents submitted should be from two separate sources and dated no more than a month prior to the date of application.

For the English language - as per your advise i do not need to get the NAARIC or IELTS. only the Life in UK test which is applicable for all 3 of us ?

Correct

[Minnzzy]

Dear Marcnath,

Thanks a lot for the quick response and advise.

Thanks & Regards

[Minnzzy]

Dear Senior Members,

Please advise.

Based on my previous feed if i made my first entry for 10 days in nov 2013 with my son and i made second entry with my spouse for 7 days in feb 2014 then as the main applicant you mentioned i am eligible to apply for ILR by Nov 2018 but in the year for continuous stay from Nov 2013- Oct 2014 i did not spend 180 days in UK as the main applicant. So am i still eligible to apply for ILR by Nov 2018.

You also mentioned that my spouse and child qualify from Feb 2019 onwards. Could you please explain this since my son entered with me in Nov 2013 for 10 days while my spouse made his first entry in Feb 2014 for a week. But we all permanently moved to UK only in July / Aug 2014? Since it was confirmed in one of your answers that I do qualify for the criteria where if the the main applicant meet the criteria of being away for less than 180 days, dependants will still be able to apply for ILR even with their absence . then why do i have to wait till Feb 2019 for my dependants to apply for the ILR rather than doing it by Oct 2018 if i can which is within one year of extension ? If is do apply in Oct 2018 then can i still not count the period of Feb 2017- Oct 2017 when i was waiting for the Tier 1 extension for the purpose of Job creation as i had more than 3-4 employees for over 6 months?

For the purpose of Job creation - apart from ILR, Citizen or EU national with residence permit who all can be counted.?

Needed some clarification - if i have two part timers one who works for 100 hours and another who works for 40 hours a month for the same job, can they both be combined and counted as one job creation.

Are even british students who are 17+ eligible to be shown as part timers for job creation ?

I had a friend who asked me about Refugee leave to remain which says work permitted (heard for the first time ) approach them for a job as she is also in the same Tier 1 i was not sure and wanted to ask that are they counted as citizens or ILR or is it some kind of work visa ?

Would appreciate your assistance.

Thanks in advance
Regards,
Minnzzy

[marcnath]

Based on my previous feed if i made my first entry for 10 days in nov 2013 with my son and i made second entry with my spouse for 7 days in feb 2014 then as the main applicant you mentioned i am eligible to apply for ILR by Nov 2018 but in the year for continuous stay from Nov 2013- Oct 2014 i did not spend 180 days in UK as the main applicant. So am i still eligible to apply for ILR by Nov 2018.

I should have been clearer. The earliest date you can qualify for your ILR is Nov 2018. Of course, you need to meet all other conditions, including continuous stay. You are right that you fail the 180 days test. in Nov 2018. Depending on other travel days, I assume you will be able to satisfy that criteria somewhere in Jan/Feb 2019.

You also mentioned that my spouse and child qualify from Feb 2019 onwards. Could you please explain this since my son entered with me in Nov 2013 for 10 days while my spouse made his first entry in Feb 2014 for a week.

The reason your spouse only qualifies in Feb 2019 is because of the requirements that both of you have to have been LIVING IN THE UK for 5 years. That can only happen in Feb 2019. Children can only apply for ILR when BOTH parents qualify, so your son's qualification is tied to your spouse qualification.

But we all permanently moved to UK only in July / Aug 2014? Since it was confirmed in one of your answers that I do qualify for the criteria where if the the main applicant meet the criteria of being away for less than 180 days, dependants will still be able to apply for ILR even with their absence . then why do i have to wait till Feb 2019 for my dependants to apply for the ILR rather than doing it by Oct 2018 if i can which is within one year of extension ? If is do apply in Oct 2018 then can i still not count the period of Feb 2017- Oct 2017 when i was waiting for the Tier 1 extension for the purpose of Job creation as i had more than 3-4 employees for over 6 months?

As I tried to explain with an example, if you apply in Oct 2018, you can use employment in the previous 12 months. So, employment in Oct 2017 can be used but not from Feb 2017 to Sept 2017.

For the purpose of Job creation - apart from ILR, Citizen or EU national with residence permit who all can be counted.?

Yes

Needed some clarification - if i have two part timers one who works for 100 hours and another who works for 40 hours a month for the same job, can they both be combined and counted as one job creation.

Yes, in principle. However, if the 2nd employee only worked for 1 week in the month, then you may fail the 30 hrs/week test.
As has been discussed many times, immigration rules only specify 30 hrs/week. The guidance talks about 120 hours/month, but CWs don't have to follow the guidance - they are only obliged to follow the immigration rules.

Are even british students who are 17+ eligible to be shown as part timers for job creation ?

Yes

I had a friend who asked me about Refugee leave to remain which says work permitted (heard for the first time ) approach them for a job as she is also in the same Tier 1 i was not sure and wanted to ask that are they counted as citizens or ILR or is it some kind of work visa ?

No, they would not qualify as a SETTLED worked until they get their ILR

[Minnzzy]

Dear Senior Members,

I have been on this forum and am grateful to your advice for my Tier 1 Extension.

Being Pre April 2014 i realise if i am to use the transitional arrangement then i need to apply for my ILR before April 2019.

1. I understand to be able to quality i will need to meet the 2 full time, or 4 part time jobs. However while browsing through the Policy guidance i came across this. Who will be counted as a a job creation - I understand it must be British Citizen/ ILR or EEA national with Residence Permit card. However as per the points (V) and (VI) please confirm even an overseas applicant with a visa or BRP card and or the spouse of an EU national with the BRP card also qualify for this criteria now . Also does this mean that anyone with a valid visa is eligible and counted for this purpose e.g. someone on a valid refugee visa for 2 years.

From the guidance
In case the worker is a spouse of the EEA national and now has a leave to remain do we still need a copy of his Marriage certificate as well.

(v) if the employee is the spouse of an EEA national, the biometric data page of their passport, showing their photograph and personal details, or a residence card, and any of the documents in (i) or (iv) above which relate to the EEA national, together with their marriage certificate to the EEA national; or

(vi) If the worker is an overseas national with settled status in the UK, the biometric data page of their passport containing their photograph and personal details, and the pages where a UK Government stamp or an endorsement appear, or a biometrics residence permit, or official documentation from the Home Office which confirms their settled status in the UK.

2. Since I was granted entry clearance in Nov 2013 and i was outside the UK for more than 180 days in the first year so i will be only eligible to apply for ILR working backwards from when i have completed my continuous stay of 180 days in each year as stated below in the guidance. Please confirm.

From the policy guidance :
If you have been outside of the United Kingdom for more than 180 days in a consecutive 12 month period, this will break the continuous period and you will need to start the qualifying period for settlement again. If this happens you may need to obtain a further grant of limited leave to remain to reach your continuous period in the United Kingdom.

3. I am the main applicant with my spouse and son who was below 18 yrs when i first applied and got the Tier 1 in 2013. He is now over 18 years and pursuing his post grad . In this case do we make one application with 2 dependants on the same SET O form or would it be a separate dependant application and fees for my son only.

4. The job creation period from the time i applied by Tier 1 ext in Feb 2017 and till the time i got the extension approval in Oct 2017 can this period of (Feb - Oct 2017) be used in the job creation is i am applying for ILR in Jan 2019.

5. During the first initial application i had submitted my Overseas University Degree for English Hons along with a letter from the university. Do i still need to get the NARIC done for my overseas degree?

Appreciate your response.

Warm Regards,
Minnzzy

[Minnzzy]

Dear Senior Members,

I am planning to apply my ILR application with 2 dependants after my Tier 1 Entension received last year and would really request you to please advise some good experienced solicitor / immigration advisor. Also is there any pinned post for the list of documents for this route. I have been reading the policy guidance and gradually preparing the docs but any help in this regard will be really appreciated. I really do not want to take any chances of making a mistake hence need some professional guidance in filing this .

Thanks a lot .

Warm Regards,
Minnzzy

[CR001]

Dear Senior Members,

I am planning to apply my ILR application with 2 dependants after my Tier 1 Entension received last year and would really request you to please advise some good experienced solicitor / immigration advisor. Also is there any pinned post for the list of documents for this route. I have been reading the policy guidance and gradually preparing the docs but any help in this regard will be really appreciated. I really do not want to take any chances of making a mistake hence need some professional guidance in filing this .

Thanks a lot .

Warm Regards,
Minnzzy

Members are not permitted to post names and details of solicitors or immigration advisors on the forum.

There are many topics of members posting about their ILR. However, as Tier 1 Ent is a bit more complex that other routes, please keep your questions in your own topic.

I have merged all your posts.

Also, when are you planning on applying?? You were advised already that you will qualify in July 2019.

[marcnath]

Dear Senior Members,

I am planning to apply my ILR application with 2 dependants after my Tier 1 Entension received last year and would really request you to please advise some good experienced solicitor / immigration advisor. Also is there any pinned post for the list of documents for this route. I have been reading the policy guidance and gradually preparing the docs but any help in this regard will be really appreciated. I really do not want to take any chances of making a mistake hence need some professional guidance in filing this .

Thanks a lot .

Warm Regards,
Minnzzy

There is an application sample pinned on the top of the Tier 1 Entrepreneur forum
uk-tier-1-entrepreneur-visas/an-example ... 34487.html

[Minnzzy]

Dear Senior Members,

I am planning to apply my ILR application with 2 dependants after my Tier 1 Entension received last year and would really request you to please advise some good experienced solicitor / immigration advisor. Also is there any pinned post for the list of documents for this route. I have been reading the policy guidance and gradually preparing the docs but any help in this regard will be really appreciated. I really do not want to take any chances of making a mistake hence need some professional guidance in filing this .

Thanks a lot .

Warm Regards,
Minnzzy

Members are not permitted to post names and details of solicitors or immigration advisors on the forum.

There are many topics of members posting about their ILR. However, as Tier 1 Ent is a bit more complex that other routes, please keep your questions in your own topic.

I have merged all your posts.

Also, when are you planning on applying?? You were advised already that you will qualify in July 2019.

Thanks for the prompt response and for merging my posts.

I will qualify in March 2019 and as per the guidance i can apply 28 days before hence was considering my options to start preparing, to apply in Feb 2019.

Thanks & regards,
Minnzzy

[CR001]

If you entered the UK in July 2014, more than 180 days after your visa was issued, how do you qualify for ILR in march 2019?

[Minnzzy]

I entered in Nov 2013 for 10 days and then again in Feb 2014 for 10 days in this way i qualify for applying in March 2019 as previously mentioned in my posts.

[Minnzzy]

Dear Senior Members & Moderators,

Thank you for answering all the queries earlier and for this lovely helpful forum. I have seen the pinned post for the complete list of documents for my case and also reading the guidance notes however would be really grateful if you could please advise as per my understanding the only criteria required now for us is the job creation post my Tier 1 Entrepreneur Ext. I would be really obliged if you could please advise
after assessing the following details for JOB CREATION listed below:

For the 2 jobs created -is my understanding correct that the Employees A, B - as 2 Part timers and C as 1 Full Time alone will fulfil the criteria latest by Dec 2018 for me. All employees listed below are either citizens / have ILR and apart from these i have a long list of employees from EU working as well which obvisouly i cannot include.

Employee A : Part time Chef approx 100 hours per month - 25 hours per week approx. from Nov 2017 till present
Employee B : Part time Chef 70 -80 hours per month with approx 15-17 hours per week from Sep 2017 till present

Employee C : Full Time Waiter 130 hours per month approx or more- from Dec 2017 till present

Can i include the following employees as additional ?

Employee D : Full Time Chef from Jan 2018 - May 2018 - 130 hours per month - 5 months

Employee E : Full time Chef from Aug 2017 though i cant count this since i only got my extention in Mid october 2017 so if i count from Oct 2017- Dec 2017 he was Full time 130 hours per month for 3 months and then Jan - mar 2018 as a part time chef

Employee F : Part Time Chef from Jan 2018 - Aug 2018 - 8 months

Apart from this i have 3-4 part timers working for a few months though not continuously not at a stretch too some as waiters or Spam porter etc.

Please advise if according to you i have fulfilled the criteria to be able to file in Feb 2019 for my ILR.

Also as advised by a senior member could you please advise what additional documents i would require for my son who entered when he was 17 but is now pursing his post grad. He is still dependant on us, not doing his job staying with us till now but only now has moved to the univ accommodation outside london but does come to stay with us few days a week. If i understand correctly i need to fill just one SET O form for me, my spouse and my son even though he is now over 18 years.

For the Cohabitation evidence could i submit my tenancy agreement or the council tax bill with the name of my spouse in it. For my son if he could give a letter from the university with his details of the course and duration should be sufficient but his residence is both univ accommodation and with us so which should be submit.

Even though the forum is very helpful and has detailed information it does feel a little scary to do it on our own.

For the continuous period also is there any set format in excel etc in which i could use and submit

Really appreciate your help and advise please.

Thanks & Regards,
Minnzzy

[marcnath]

You seem to have way more than the required job creation. By the way, EU citizens are settled workers so can be used also (not that you need it).

Details of documents needed for your child over 16 can be found here.

You just need one form. But your son will need to complete the Life in the UK test.

You just need to fill in the absences as per the SET (O) form

[Minnzzy]

Thank you so much for your response.

I think i had read somewhere that EU workers cant be counted as settled workers. Has this rule changed recently or was i misinformed. Am really confused. If EU citizens are eligible, i had a lot more staff and i should not have taken so much stress

Would you advise that we show all the staff that we have on our payroll even though it is excess or just the 2 jobs created. Do we need to submit copies of the contracts or only RTI, Payslips and their personal docs sufficient.

Thanks for the list of docs for my son. I have some confusion and query on my continuous period.

As already mentioned on previous occasions even though i entered in Nov 2013 due to my absences of more than 180 days i did not qualify this year. My second visit to UK was in Feb 2014 for 10 days with my spouse who came here for the first time. I am calculating my 5 years period from 1 March 2014 onwards till March 2019.

My question is that could i use this 5 year period (1 March 2014- March 2019) even though i had left UK by 15 feb 2014 after a short trip of 10 days and finally only moved to UK in July 2014 with my spouse, my son followed in Aug 2014. So i have had absences from 1 March 2014 - early July 2014. I was required to wind down my businesses in another country and my son was in A Levels school so couldn't move earlier.

The first year calculation from 1 March 2014 - Feb 2015 i have completed 180 days in the country.

Could you also please confirm that only I need to mention my absences as i am the main applicant . The absences of my spouse and child would not be required.

Is there any draft SET O form for us to refer to so we dont make mistakes. Although i think there are a lot of changes coming up in November.

Thank you and all the senior members once again for all the assistance.

Regards,
Minnzzy

[aman90]

Thank you so much for your response.

I think i had read somewhere that EU workers cant be counted as settled workers. Has this rule changed recently or was i misinformed. Am really confused. If EU citizens are eligible, i had a lot more staff and i should not have taken so much stress

Yes, you are very much misinformed! do you know why Brexit is happening? EU citizens eligibility is clearly stated in guidance since the very beginning or at least from 2013. Non EEA spouses of EU nationals docs requirement is clear as well, PR card, Marriage cert. passport copy of EU spouse.

Would you advise that we show all the staff that we have on our payroll even though it is excess or just the 2 jobs created. Do we need to submit copies of the contracts or only RTI, Payslips and their personal docs sufficient.

Stick to guidance instead of confusing caseworker, 2 jobs, number of employees that fulfil the requirement,
No contracts ONLY submit RTI FPS, payslips and identity docs/proof of right to work.

Thanks for the list of docs for my son. I have some confusion and query on my continuous period.

As already mentioned on previous occasions even though i entered in Nov 2013 due to my absences of more than 180 days i did not qualify this year. My second visit to UK was in Feb 2014 for 10 days with my spouse who came here for the first time. I am calculating my 5 years period from 1 March 2014 onwards till March 2019.
Calculating from 2nd entry Date to qualifying 5 years is A-okay

My question is that could i use this 5 year period (1 March 2014- March 2019) even though i had left UK by 15 feb 2014 after a short trip of 10 days and finally only moved to UK in July 2014 with my spouse, my son followed in Aug 2014. So i have had absences from 1 March 2014 - early July 2014. I was required to wind down my businesses in another country and my son was in A Levels school so couldn't move earlier.

I don't believe HO cares unless you are a Doctor and were delayed due to a global crisis.
The first year calculation from 1 March 2014 - Feb 2015 i have completed 180 days in the country
Get an excel sheet, compile ur dates- date of visa, 1st entry date ,2nd entry date, 3rd entry, number of days in-between, use timeanddate calculator if necessary. Keep in mind, both arrival and leaving date is considered as being in the country.

Could you also please confirm that only I need to mention my absences as i am the main applicant . The absences of my spouse and child would not be required.

Is there any draft SET O form for us to refer to so we dont make mistakes. Although i think there are a lot of changes coming up in November.
Its quite straight forward. Relax and fill it out. Wherever you get stuck, write down the question number and come back for advice. You seem to have enough time.

Thank you and all the senior members once again for all the assistance.
Please read guidance and then re read, use a highlighter pen and sticky notes to define the areas pertinent to yourself. get rid of the unimportant pages. And re-read.Yes its overwhelming but it'll save you a lot of grief. You will still come across a number of things nearer to the time.

Regards,
Minnzzy

[Minnzzy]

Dear Macrath, Zimba and other Senior Members,

Just needed a little clarity please about Job creation.

Spoke to a solicitor recently to discuss my ILR application for filling and they advised that the job creation should be for 12 months preceding my application date which seems new to me and confusing. This is true to the continuous period calculation but for job creation?

Since I got my extension in mid oct 2017 I was calculating the job creation from Nov 2017 - Oct 2018 - 12 months wherein I complete the 2 jobs comprising of 1 full time and 2 part timers who are still employed. But now according to the solicitor if I am planning to apply in Feb 2019 so does this mean that my job creation should be from Feb 2018- Jan 2019 instead of the period of Nov 2017 - Oct 2018.
Its not that the jobs are not existing they are and hopefully staff will continue to work but what if they leave and the replacement is not a settled worker if I would have completed 12 months with settled workers hope I will qualify.

Please advise.

Thanks a lot for all your help.

Warm Regards,
Minnzzy

[aman90]

Dear Macrath, Zimba and other Senior Members,

Just needed a little clarity please about Job creation.

Spoke to a solicitor recently to discuss my ILR application for filling and they advised that the job creation should be for 12 months preceding my application date which seems new to me and confusing. This is true to the continuous period calculation but for job creation?

Not at all.. ur solicitor is incorrect(usually create bs to winch money out of you)
I applied in June 18 but showed employment from extension approval to March 18.




Since I got my extension in mid oct 2017 I was calculating the job creation from Nov 2017 - Oct 2018 - 12 months wherein I complete the 2 jobs comprising of 1 full time and 2 part timers who are still employed. But now according to the solicitor if I am planning to apply in Feb 2019 so does this mean that my job creation should be from Feb 2018- Jan 2019 instead of the period of Nov 2017 - Oct 2018.
Its not that the jobs are not existing they are and hopefully staff will continue to work but what if they leave and the replacement is not a settled worker if I would have completed 12 months with settled workers hope I will qualify.

Please advise.

Thanks a lot for all your help.

Warm Regards,
Minnzzy

[marcnath]

Dear Macrath, Zimba and other Senior Members,

Just needed a little clarity please about Job creation.

Spoke to a solicitor recently to discuss my ILR application for filling and they advised that the job creation should be for 12 months preceding my application date which seems new to me and confusing. This is true to the continuous period calculation but for job creation?

Since I got my extension in mid oct 2017 I was calculating the job creation from Nov 2017 - Oct 2018 - 12 months wherein I complete the 2 jobs comprising of 1 full time and 2 part timers who are still employed. But now according to the solicitor if I am planning to apply in Feb 2019 so does this mean that my job creation should be from Feb 2018- Jan 2019 instead of the period of Nov 2017 - Oct 2018.
Its not that the jobs are not existing they are and hopefully staff will continue to work but what if they leave and the replacement is not a settled worker if I would have completed 12 months with settled workers hope I will qualify.

Please advise.

Thanks a lot for all your help.

Warm Regards,
Minnzzy

Your lawyer is wrong !!

You can use jobs from mid Oct 2017 onwards

[Minnzzy]

Dear Marcnath and other senior members

Thank you so much for the prompt response. I had my doubts that why I know this is the best place to seek the correct interpretation.

So just to clarify and be sure that I can show the job creation from mid oct or Nov 2017 till Oct 2018 even though I am applying for my ILR in Feb 2019. And the gap from Nov 2018 - Feb 2019 may or may not be shown that could be taken as additional in any case and over and above the requirement.

Probably she was referring to this from the guidance notes
: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.

Thanks once again for the clarification.

Warm Regards,
Minnzzy

[Minnzzy]

Dear Macrath, Zimba and other Senior Members,

Just needed a little clarity please about Job creation.

Spoke to a solicitor recently to discuss my ILR application for filling and they advised that the job creation should be for 12 months preceding my application date which seems new to me and confusing. This is true to the continuous period calculation but for job creation?

Not at all.. ur solicitor is incorrect(usually create bs to winch money out of you)
I applied in June 18 but showed employment from extension approval to March 18.




Since I got my extension in mid oct 2017 I was calculating the job creation from Nov 2017 - Oct 2018 - 12 months wherein I complete the 2 jobs comprising of 1 full time and 2 part timers who are still employed. But now according to the solicitor if I am planning to apply in Feb 2019 so does this mean that my job creation should be from Feb 2018- Jan 2019 instead of the period of Nov 2017 - Oct 2018.
Its not that the jobs are not existing they are and hopefully staff will continue to work but what if they leave and the replacement is not a settled worker if I would have completed 12 months with settled workers hope I will qualify.

Please advise.

Thanks a lot for all your help.

Warm Regards,
Minnzzy

DearAman90
Thank you for your response. Thats why I do not know which solicitor to trust to file my application.
Regards,
Minnzy

[aman90]

solicitors are only required when things go wrong and they argue on points of law. Not for applying. The guidance is most important and if you feel any ambiguity than this forum is the best.
I was forced by my family n others around to go to a solicitor at the time of extension. He emphatically stated that I wouldn’t qualify coz I don’t pay myself 38k per year( some figure required by some other visa) At that point I stood up and thanked him for wasting my time and saving me his fee..

[aman90]

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.


Your lawyer has weak English and no experience.
Disregarded the comma
“ or, where the leave was granted less than 12 months ago.......”
Which isn’t ur case!