ILR Job Creation

[alijafri]

Hi Marc

Thank you for your earlier responses. Just back on forum as my ILR time is close. SO have a few questions.

I applied Pre April 2014.

1. My 5 years complete in April. However have leave till October. Can I apply anytime after April ?

2. My Extension applied in July 2018 and was granted 28th October 2017. My 12 month (2 employees) claim will count from After grant date ? (Nov17-Oct-18) or can do from earlier as well as employees were already working during that period. ?

3. Can it be October 2017 - September 2018 ? as visa was received 25th Oct 17. ?

Couple of questions on a separate scenario then - My cousin applied post April 2014 and has extension due October 2019.

1. He has already created a job in Jan 2018 and the person is on ILR (since from start). Does that count ?
2. He has created another job in Nov this year and will be for 12 months ending Oct 2019. Is that okay as he created this in literally last year of his leave ending Oct 19 (time of his visa application)?
3. If an employee leaves a job role - but another person joins that role after a months gap - is that acceptable to HO as long as job has been there? As obviously we cant control employee resignations.
4. Will they accept 2 ppl (6 months each) for 12 months ?

Thanks and appreciate your quick help.

[marcnath]

Moved to ILR Forum

Hi Marc

Thank you for your earlier responses. Just back on forum as my ILR time is close. SO have a few questions.

I applied Pre April 2014.

1. My 5 years complete in April. However have leave till October. Can I apply anytime after April ?==> You can apply 28 days bepfer your 5 year anniversary. If you need the transitional arrangement for job creation, you need to apply before 9th April 2019

2. My Extension applied in July 2018 and was granted 28th October 2017. My 12 month (2 employees) claim will count from After grant date ? (Nov17-Oct-18) or can do from earlier as well as employees were already working during that period. ? ==> You can only use employment after your extension grant

3. Can it be October 2017 - September 2018 ? as visa was received 25th Oct 17. ?n==> It will be from 25th Oct 2017 until the date of application.

Couple of questions on a separate scenario then - My cousin applied post April 2014 and has extension due October 2019.

1. He has already created a job in Jan 2018 and the person is on ILR (since from start). Does that count ? Yes, if his extension was granted before Jan 2018
2. He has created another job in Nov this year and will be for 12 months ending Oct 2019. Is that okay as he created this in literally last year of his leave ending Oct 19 (time of his visa application)? ==> Yes
3. If an employee leaves a job role - but another person joins that role after a months gap - is that acceptable to HO as long as job has been there? As obviously we cant control employee resignations. ==> Yes
4. Will they accept 2 ppl (6 months each) for 12 months ? ==> Yes, as long as it is the same job

Thanks and appreciate your quick help.

[alijafri]

Hi Marc

Thank you for quick reply.

1. Can you please elaborate transitional arrangement for job creation ? As I got Visa in Apr 2014, Extension in October 2017 and planning ILR in May 2019. ?

The below questions are for my cousin - note he got his initial leave in July 2016 and his extension is due october 2019.

1. So Is he still okay to employee anyone with ILR for his 1st extension ?

Thanks

[marcnath]

Hi Marc

Thank you for quick reply.

1. Can you please elaborate transitional arrangement for job creation ? As I got Visa in Apr 2014, Extension in October 2017 and planning ILR in May 2019. ?

The below questions are for my cousin - note he got his initial leave in July 2016 and his extension is due october 2019.

1. So Is he still okay to employee anyone with ILR for his 1st extension ?

Thanks

The transitional arrangement allows you to just create 104 weeks of FT equivalent jobs in any combination. If applying after April 2019, you need to have two separate jobs of 12 months each.

Employees with ILR are still settled workers

[alijafri]

Hi Marcnath

Thank you for your earlier responses. While I prepare for my ILR, I have just come across couple of ambiguities which I would like to your expert opinion on.

1. I got my Tier 1 visa on 01 March 2014 (came to UK first on 25 May 2014), First Extension on 30th Oct 2017. And Plan on applying for ILR on 15th Feb 2019. Am I within allowable limit of 15 days before completion of 5 years or I have to consider my time from my first entry date May 2014 ?

2. My 5 years complete on 01 March 2019 - Extension came on 30 Oct 2017. You mentioned I cant use employee hours while visa was in process (means 4 months in my case) - Please do not consider this as challenging your research/expertise however would you be kind enough to point me in direction of guidance notes paragraph that clarifies this ? As I have been having lots of different versions everywhere.

3. My wife and my daughter are on my dependent visa. Wife came to UK in March 2016 and daughter was born here in UK. Is it recommended to apply for all of us together at the time of my ILR ?
Will my daughter get extension as well once I get ILR or what will be her status ?
Or do you recommend I apply for my dependents on a different visa after I get my ILR ?

4. I had a discussion with a friend of mine and he mentioned that if I apply my depdendents visa at the same time as mine, once I receive my ILR, my wife and daughter will have no status here as they were on dependent visas earlier and I will now have an ILR and HO then deports them after a letter. (counds insane anyway but i'm concerned) however after my ILR they need to be applying separately (Spouse and Family visa) in which case I will have to provide the income proof and all. Is that correct ?

5. Have you come across any new rule/policy mentioning that now Pay slips for visa extension or ILR purpose have to have no of hours mentioned on them as well ?

6. I dont need to be providing maintenance and IHS this time around for ILR for myself and dependents ?

Thank you.

[marcnath]

Thank you for your earlier responses. While I prepare for my ILR, I have just come across couple of ambiguities which I would like to your expert opinion on.

1. I got my Tier 1 visa on 01 March 2014 (came to UK first on 25 May 2014), First Extension on 30th Oct 2017. And Plan on applying for ILR on 15th Feb 2019. Am I within allowable limit of 15 days before completion of 5 years or I have to consider my time from my first entry date May 2014 ?

You can apply 28 days before your complete 5 years - so that is anytime after 01 Feb 2019

2. My 5 years complete on 01 March 2019 - Extension came on 30 Oct 2017. You mentioned I cant use employee hours while visa was in process (means 4 months in my case) - Please do not consider this as challenging your research/expertise however would you be kind enough to point me in direction of guidance notes paragraph that clarifies this ? As I have been having lots of different versions everywhere.

Table D, point 4, page 29 of the guidance

3. My wife and my daughter are on my dependent visa. Wife came to UK in March 2016 and daughter was born here in UK. Is it recommended to apply for all of us together at the time of my ILR ?
Will my daughter get extension as well once I get ILR or what will be her status ?
Or do you recommend I apply for my dependents on a different visa after I get my ILR ?

I assume their dependant visas are valid until October 2019. They are not eligible for ILR yet (need 5 years stay). So, you can apply for your wife's extension any time before that.

SInce your daughter is born here, you can register her for British citizenship as soon as you get your ILR. If you want her to maintain home country citizenship, then you would renew her visa with your wife's.

4. I had a discussion with a friend of mine and he mentioned that if I apply my depdendents visa at the same time as mine, once I receive my ILR, my wife and daughter will have no status here as they were on dependent visas earlier and I will now have an ILR and HO then deports them after a letter. (counds insane anyway but i'm concerned) however after my ILR they need to be applying separately (Spouse and Family visa) in which case I will have to provide the income proof and all. Is that correct ?

Kindly request your friend to not dish out such uninformed opinions. You are right - it is insane and I would possibly use even stronger words.

Since you are applying on the 5 year ILR route, they can continue as a PBS dependant for as long as they want.

5. Have you come across any new rule/policy mentioning that now Pay slips for visa extension or ILR purpose have to have no of hours mentioned on them as well ?

No

6. I dont need to be providing maintenance and IHS this time around for ILR for myself and dependents ?

ILR applications don't need maintenance. So you only need maintenance for your dependants

[alijafri]

Hi Marc

In my case, how much maintenance do I need to show ?
(i) I am applying ILR with wife and daughter - Wife has been here for 3 years though - daughter is born here
So how much will be the total amount I need to show ?

Thanks

[CR001]

Your wife doesn't qualify for ILR. She needs 5 years residence as PBS Dependent.

UK Born child does NOT need ILR. Child can be registered as British once EITHER parent is granted ILR.

[alijafri]

Hi CR

thank you for your response and appreciate how quickly you have given me an update.

I am sorry however I am still confused.

1. Yes, correct I understand my wife doesnt qualify for ILR therefore I will need to show her maintenance. Is that correct ?
2. if so, how much do I need to show ?
3. For my child, do I need to show maintenance as well ? If yes, how much ?

All above is based on my assumption that I am going to apply visas - ILR for myself and on same application will apply for my wife and daughter as dependents. Is that true as well ?

Thanks

[CULLINAN]

Hi CR

thank you for your response and appreciate how quickly you have given me an update.

I am sorry however I am still confused.

1. Yes, correct I understand my wife doesnt qualify for ILR therefore I will need to show her maintenance. Is that correct ?
2. if so, how much do I need to show ?
3. For my child, do I need to show maintenance as well ? If yes, how much ?

All above is based on my assumption that I am going to apply visas - ILR for myself and on same application will apply for my wife and daughter as dependents. Is that true as well ?

Thanks

No that means, your wife can not apply for ILR till March 2021 when she will complete her own 5 years on PBS dependent route. She will have to get an extension of PBS dependent until she qualifies for ILR.

You dont need to apply ILR for child as your dependent. Once your ILR is sorted you can simply resgister your child as British Citizen as already advised by moderators.

[alijafri]

Hi There

Thank you.

My understanding of above then means,

1. Only I should make an application this time on my ILR form with no mention of dependents. ?
2. After getting my ILR, I can apply for my daughters registration as citizen.
3. Come October 2019 (when my wifes current visa expires), I will have to apply for extension of my wife. ?

If all above is true, I obviously will have no need of 3 applicants fees at the moment and also no need of maintenance requirement as well.

Thanks

[CULLINAN]

Hi There

Thank you.

My understanding of above then means,

1. Only I should make an application this time on my ILR form with no mention of dependents. ? You just have to apply your ILR via SET(O).
2. After getting my ILR, I can apply for my daughters registration as citizen. correct
3. Come October 2019 (when my wifes current visa expires), I will have to apply for extension of my wife. ? PBS dependent extension yes

If all above is true, I obviously will have no need of 3 applicants fees at the moment and also no need of maintenance requirement as well. correct

Thanks

[alijafri]

Hi Moderators - Zimba/Marcnath/tier1147

Just want your kind & expert response on below as I prepare for my ILR application.

1. My visa expires Oct 2019 alongwith wife and daughter however only I am applying for ILR right now. Is this acceptable to HO ?

2. If okay, Come Oct and if I hadn't received response on my ILR by then (and considering I did not apply for them as well), what options do I have for my dependants ? will I have to apply for my dependants or wait till i get my response ?

3. There is a list of documents as per HO on online form that needs to be provided to them. Are there any other recommended documents apart form them ?

4. Is there any other list of documents - if you can point me on that direction/thread ?

5. New & old service - Is there any update about quicker response when using new service ?

Thanks

[alijafri]

Hi tier11417

Can you please give your opinion/suggestion on my above questions ? Thanks

[CULLINAN]

Hi Moderators - Zimba/Marcnath/tier1147

Just want your kind & expert response on below as I prepare for my ILR application.

1. My visa expires Oct 2019 alongwith wife and daughter however only I am applying for ILR right now. Is this acceptable to HO ?

2. If okay, Come Oct and if I hadn't received response on my ILR by then (and considering I did not apply for them as well), what options do I have for my dependants ? will I have to apply for my dependants or wait till i get my response ?

3. There is a list of documents as per HO on online form that needs to be provided to them. Are there any other recommended documents apart form them ?

4. Is there any other list of documents - if you can point me on that direction/thread ?

5. New & old service - Is there any update about quicker response when using new service ?

Thanks

1) You are eligible to apply: 5th anniversary from visa issue date minus 28 days given you have fulfilled your other requirements also. Expiry in Oct 2019 is irrelevant.

2) You have to apply for your dependents visa before their expiry regardless of if you have your decision by then or not. You will be able to apply for them even if your application is pending but they will get a decision only after you get a decision.

3) Guidance plus checklist.

4) No feedback as yet

[alijafri]

hi tier11417

thank you.

1. When you say checklist, are you refering to the one that opens at the end of online application form ?

2. any need of covering letter ?

3. I am about to apply for ILR in a day. I am confident all of the requirements have been fulfilled. anything special I need to do / dont need to do ?

thanks

[CULLINAN]

hi tier11417

thank you.

1. When you say checklist, are you refering to the one that opens at the end of online application form ?

2. any need of covering letter ?

3. I am about to apply for ILR in a day. I am confident all of the requirements have been fulfilled. anything special I need to do / dont need to do ?

thanks

1) Yes
2) If you feel you really need to explain something to CW, otherwise not required.
3) Post your documents here, members will double check if you are not missing anything.

Goodluck

[alijafri]

Hi tier11417/marcnath/zimba/CR

I have listed below documents:

1. Passport
2. Companies House Reg Document. (Incorp Cert)
3. Life in the UK Test pass Cert
4. Original HMRC P45
5. Company's filing history page
6. Company's Current Appointment Report
7. RTI/ FPS for 18 month period of FT Employee 1
8. 18 months Payslips for FT Emp 1.
9. UK Passport for Employee 1
10. RTI/ FPS for 9 month period of FT Employee 2
11. 9 months Payslips for FT Emp 2.
12. UK Passport for Employee 2
13. UK Degree Certificate for English language
14. Current BRP
15. Evidence of Immigration status in the UK ---- > Dont know what this is ???? Pleas suggest ! BRP ?
16. Declaration to confirm consent for the Home Office to request verification checks. Where do I download this document ?
17. HM Revenue & Customs documentation to demonstrate your registration - What is this ? Am i missing something or my mind has frozen ?

Supporting Documents to Prove Genuine Entp

1. Two Business Bank Statements (Nov 17 & Feb 19 - this shows business continuity from time of extension grant till now ie time of ILR)
2. Two Purchase Agreements (Nov 17 & Feb 19)
3. Two Sales Invoices (Nov 17 & Feb 19)
4. Two VAT Returns. (one from 18, One from 19)
5. Acc Letter just to confirm hourly rates & total employment period.

Thank you and open to suggestions / missing items.

[CULLINAN]

Hi tier11417/marcnath/zimba/CR

I have listed below documents:

1. Passport ALL
2. Companies House Reg Document. (Incorp Cert) Not needed
3. Life in the UK Test pass Cert
4. Original HMRC P45 Not needed
5. Company's filing history page Not needed
6. Company's Current Appointment Report. Filling history page is a part of CAR
7. RTI/ FPS for 18 month period of FT Employee 1
8. 18 months Payslips for FT Emp 1.
9. UK Passport for Employee 1
10. RTI/ FPS for 9 month period of FT Employee 2
11. 9 months Payslips for FT Emp 2.
12. UK Passport for Employee 2
13. UK Degree Certificate for English language
14. Current BRP
15. Evidence of Immigration status in the UK ---- > Dont know what this is ???? Pleas suggest ! BRP ? same BRP
16. Declaration to confirm consent for the Home Office to request verification checks. Where do I download this document ? You would have got a link to download it while you were filling the form. You will also get a link to download after you pay. You have to sign relevant parts. It’s mandatory
17. HM Revenue & Customs documentation to demonstrate your registration - What is this ? Am i missing something or my mind has frozen ? CT600 or CT41G or CT603 one of the above is mandatory
18. 1 month Business bank statement OR bank letter is mandatory

Supporting Documents to Prove Genuine Entp
Optional not required

1. Two Business Bank Statements (Nov 17 & Feb 19 - this shows business continuity from time of extension grant till now ie time of ILR)
2. Two Purchase Agreements (Nov 17 & Feb 19)
3. Two Sales Invoices (Nov 17 & Feb 19)
4. Two VAT Returns. (one from 18, One from 19)
5. Acc Letter just to confirm hourly rates & total employment period.

Thank you and open to suggestions / missing items.

[alijafri]

HI tier 11417

thank you and you have been very kind to respond so quick.

1. Passport - main page + all travel stamp pages - for all passports ? or just main pages ?
2. I missed the link for download of consent form. I havent submitted application yet. Can I go back and download ? (which section is it in ) ?
3. Is sending support documents a good practice or is it over-complicating it ?

Thanks

[CULLINAN]

HI tier 11417

thank you and you have been very kind to respond so quick.

1. Passport - main page + all travel stamp pages - for all passports ? or just main pages ?
2. I missed the link for download of consent form. I havent submitted application yet. Can I go back and download ? (which section is it in ) ?
3. Is sending support documents a good practice or is it over-complicating it ?

Thanks

1) Its a common belief on the forum that you need full pages including blank pages of atleast the passports coverinv your 5 year period. I upload 2 full passports (including blank) as it covered my 5 year period. And 5 old passports (stamps and bio pages only).

2) You will be able to download after you pay also.

3) Its best to stick to minimum documents as per guidance. Purchase/Sale invoices will only over complicate things. Its not required. Having said that, its your application your decision. I have learnt sending extra documents just delay your application. I myself send 4 additional docs for genuine entrepreneur test, but i did not send any sales/purchase invoices.

[alijafri]

Hi tier 11417

Thanks for your response.

Can I use the same CT41G I used for my first extension ? Because that only comes once.

Thanks

[CULLINAN]

Hi tier 11417

Thanks for your response.

Can I use the same CT41G I used for my first extension ? Because that only comes once.

Thanks

Yes

[alijafri]

Hi tier 11417

A few questions regarding online application

1. In application section Business Activity as I am a company DIrector, should I tick check both evidence (HMRC & Companies House) ? If so what evidence from each is acceptable ?

2. In Job creation evidence should I tick all three - 1. Empl Payments record /P45/P46 2. RTI / FPS 3. Payslips ?

3. What is HMRC document of registration ?

[CULLINAN]

Hi tier 11417

A few questions regarding online application

1. In application section Business Activity as I am a company DIrector, should I tick check both evidence (HMRC & Companies House) ? If so what evidence from each is acceptable ?

2. In Job creation evidence should I tick all three - 1. Empl Payments record /P45/P46 2. RTI / FPS 3. Payslips ?

3. What is HMRC document of registration ?

1) Yes you need to tick both. CT41G or CT600 or CT603 for HMRC registration and CAR for companies house.

2) Only tick RTI and payslips otherwise point 1 will show on checklist which is not needed.

3) HMRC registration that your company is registered for corporation tax. This is mandatory. CT41G or CT600 or CT603. Best to submit CT41G and CT600 both if you have.