Changes to the Immigration Rules (effective 11 January 2018)

[marcnath]

Hello Guys.

Need your valuable advice.

For Example: (Pre-April 2014)

First TE 1 Visa Granted = 1-07-2013.
Applied Extension = Mid of June 2016
Extension Granted = October 2017.

so now my ILR will be due in 01- july 2018.

And my business can claim points for Job Creation from 01-July-017 to 30-June-2018 according to new rules rather than from october 2017.

Really Appreciate your Response.

Regards

Correct.

[Ali7770]

Hello Guys.

Need your valuable advice.

For Example: (Pre-April 2014)

First TE 1 Visa Granted = 1-07-2013.
Applied Extension = Mid of June 2016
Extension Granted = October 2017.

so now my ILR will be due in 01- july 2018.

And my business can claim points for Job Creation from 01-July-017 to 30-June-2018 according to new rules rather than from october 2017.

Really Appreciate your Response.

Regards

Correct.

Thanks Marcnath.

God bless you.

[Ali7770]

Hello Marcnath.

can you please clarify this point as well.

"The jobs must have existed for at least 12 months during the
applicant’s 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 application."

According to this new rules, what I understand that if your leave granted less than 12 months, than you can use last 12 months for job creation. But in our cases HO are giving us two years visa, and so do you think that this 12 months rule applicable on us as well.

Thanks for Response.

Regards

[marcnath]

Hello Marcnath.

can you please clarify this point as well.

"The jobs must have existed for at least 12 months during the
applicant’s 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 application."

According to this new rules, what I understand that if your leave granted less than 12 months, than you can use last 12 months for job creation. But in our cases HO are giving us two years visa, and so do you think that this 12 months rule applicable on us as well.

Thanks for Response.

Regards

Yes, it is applicable to you. All extensions are granted for two years.

In fact, it is precisely people like you whose extension took a very long time who will get the most benefit out it.

It says "...granted less than 12 months ago,..." NOT ".. granted for less than 12 months..."

[Celina]

Hi everyone ,

Sorry I am still very confused with the new Job creation rule I don't know if my waiting time will be counted or know . please if someone can help me with this . my situation is as follows :

I fall in pre april 2014 category and I GOT my extension in jan 2017 ( with 9 months waiting time ) and is due on jan 2019 .

however my 5 years complete in march 2018 , I might put my case for IlR anytime after that . please let me know that my waiting time for that 9 months will be counted or no? for the job creation hours ( in that time )

thank you .
Celina

[marcnath]

Hi everyone ,

Sorry I am still very confused with the new Job creation rule I don't know if my waiting time will be counted or know . please if someone can help me with this . my situation is as follows :

I fall in pre april 2014 category and I GOT my extension in jan 2017 ( with 9 months waiting time ) and is due on jan 2019 .

however my 5 years complete in march 2018 , I might put my case for IlR anytime after that . please let me know that my waiting time for that 9 months will be counted or no? for the job creation hours ( in that time )

thank you .
Celina

In your case, the answer is no. You have more than 12 months between grant of extension and your ILR eligibility. So, it is only jobs created after your extension that can be counted.

[Celina]

Thank you marcnath for your swift reply

[seasky]

Nice improvement but mostly on things that are bureaucratic stupidity like the randomness of ur payroll software and FPS dating or the length of extension approval.

The really important things e.g. allowing travel during extension need to be addressed. How can u imagine running a tech company without travel?

Lastly if the UK is to be serious about this route it should raise the min wage of the route e.g. £10 (unless u have say 4 employees) and clearly there is lots of abuse here

a society needs min wage jobs. But does it need immigrants to make these jobs? If it is a serious business make a few more than 2 jobs

[waqas40581]

To prevent recycling of funds between applicants, a change is being made so that applicants cannot rely on funds or investment that have been provided by another Tier 1 (Entrepreneur) Migrant, or that migrant’s business or close family member. Who is considered to be a close family member will depend on the facts in an individual application.

 On 19 November 2015, Statement of Changes HC 535 introduced a requirement that investments made in the form of directors’ loans must be evidenced through readily identifiable transactions in applicants’ business bank statements. A change is being made so that this requirement only applies to investments made after 19 November 2015.

Can somebody elaborate these two changes please
thanks

[seasky]

To prevent recycling of funds between applicants, a change is being made so that applicants cannot rely on funds or investment that have been provided by another Tier 1 (Entrepreneur) Migrant, or that migrant’s business or close family member. Who is considered to be a close family member will depend on the facts in an individual application.

I guess we have to wait for guidance. But this one seems straightforward. Specifically you will have to make your case that investment is authentic (shall we call it genuine investment test?)

[waqas40581]

thanks for reply,
that what i am trying to understand before applicants shows funds transfer from personnel to business now do we have to attach any other documents with personnel and business bank statement??
to proof investment in authentic if yes what else we can attach??

[marcnath]

thanks for reply,
that what i am trying to understand before applicants shows funds transfer from personnel to business now do we have to attach any other documents with personnel and business bank statement??
to proof investment in authentic if yes what else we can attach??

At the present moment, you don't have to attach anything else.
When you are ready to send in the application, you should check the latest version of the guidance and provide any additional evidence as requested.

I suspect that it will mostly be a checkbox in the new application for you to confirm that you have not used funds from other T1E applicants. If the source of funds is the same as what you showed for access to funds at the application time, it is straightforward. Otherwise, HO may ask for documentation to show the source.

[waqas40581]

 On 19 November 2015, Statement of Changes HC 535 introduced a requirement that investments made in the form of directors’ loans must be evidenced through readily identifiable transactions in applicants’ business bank statements. A change is being made so that this requirement only applies to investments made after 19 November 2015.

Hi guys,

Please help to me understand this point as i am going to file my extension in few days and i don't want to miss any document. so my question is as per above point do i need to submit my personnel bank statements to show
50k investment transaction been made to business account or i if i submit business statement that shows my name that will be enough???

Because if you read above point that say readily identifiable transactions in applicants business bank statement what does that mean???

[marcnath]

Business bank statements with your name satisfies the requirements before and after the change.
After the rule change, investments before 19 November 2015 do not need even the name