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Why is Set 0 Online Form Asking for Evidence for Absences Less Than 180 Days in 12 Months Rolling Period?

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

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Hasslefree
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calculating 12 months for a full time job for Tier 1 Entrepreneur ILR application

Post by Hasslefree » Wed Aug 15, 2018 11:21 pm

Hi,

I received my Tier 1 Entrepreneur extension approval on 15 June 2018. My five years complete in May 2019. Can I apply for ILR on 1 June 2019 while including the June 2018 as the first month and the 12th month to be May 2019 for the one full time Job that I have created? Otherwise I will have to use the start date of this job as 1 July 2018 and 12 month ending in June 2019. This will result in one month delay in my ILR application in July 2019. Due to my personal reasons this one month delay can be very crucial for me and therefore this question that I am putting to all the respected gurus here.

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marcnath
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Re: calculating 12 months for a full time job for Tier 1 Entrepreneur ILR application

Post by marcnath » Thu Aug 16, 2018 6:50 am

Hasslefree wrote:
Wed Aug 15, 2018 11:21 pm
Hi,

I received my Tier 1 Entrepreneur extension approval on 15 June 2018. My five years complete in May 2019. Can I apply for ILR on 1 June 2019 while including the June 2018 as the first month and the 12th month to be May 2019 for the one full time Job that I have created? Otherwise I will have to use the start date of this job as 1 July 2018 and 12 month ending in June 2019. This will result in one month delay in my ILR application in July 2019. Due to my personal reasons this one month delay can be very crucial for me and therefore this question that I am putting to all the respected gurus here.
Not sure how you are change the start date - your employee would have started on a particular date.
The job creation will only count from 15th June, so by 15th May you would have had 52 weeks, so I am not sure what your problem is.
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.

Hasslefree
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Re: calculating 12 months for a full time job for Tier 1 Entrepreneur ILR application

Post by Hasslefree » Thu Aug 16, 2018 2:08 pm

marcnath wrote:
Thu Aug 16, 2018 6:50 am
Not sure how you are change the start date - your employee would have started on a particular date.
The job creation will only count from 15th June, so by 15th May you would have had 52 weeks, so I am not sure what your problem is.
Thanks for your valued reply.

First of all counting forward from 15 of June 2018, 52 weeks complete on 15 of June 2019 and not on 15 of May 2019. That was the whole point that will the 1st month i.e. June 2018 in the latest grant of leave be counted as full month or not, If I apply on 1st June 2019?

Secondly as you are rightly indicating the 52 weeks period, am I ok to apply for ILR on 15 June 2019 (which is 52 weeks period) and where the jobs have continued for this period. But obviously I will not be submitting full RTI submission for the last month i.e June 2019 (which I can only have at the end of the month i.e around 1st of July 2019.

Please guide. Many thanks for help again.

Hasslefree
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Re: calculating 12 months for a full time job for Tier 1 Entrepreneur ILR application

Post by Hasslefree » Thu Aug 16, 2018 2:14 pm

marcnath wrote:
Thu Aug 16, 2018 6:50 am
Not sure how you are change the start date - your employee would have started on a particular date.
The job creation will only count from 15th June, so by 15th May you would have had 52 weeks, so I am not sure what your problem is.
Also is it possible to pay my employees earlier so that I can submit their RTI.

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Re: calculating 12 months for a full time job for Tier 1 Entrepreneur ILR application

Post by marcnath » Thu Aug 16, 2018 5:22 pm

Hasslefree wrote:
Thu Aug 16, 2018 2:14 pm
marcnath wrote:
Thu Aug 16, 2018 6:50 am
Not sure how you are change the start date - your employee would have started on a particular date.
The job creation will only count from 15th June, so by 15th May you would have had 52 weeks, so I am not sure what your problem is.
Thanks for your valued reply.

First of all counting forward from 15 of June 2018, 52 weeks complete on 15 of June 2019 and not on 15 of May 2019. That was the whole point that will the 1st month i.e. June 2018 in the latest grant of leave be counted as full month or not, If I apply on 1st June 2019?

Secondly as you are rightly indicating the 52 weeks period, am I ok to apply for ILR on 15 June 2019 (which is 52 weeks period) and where the jobs have continued for this period. But obviously I will not be submitting full RTI submission for the last month i.e June 2019 (which I can only have at the end of the month i.e around 1st of July 2019.

Please guide. Many thanks for help again.
Hasslefree wrote:
Thu Aug 16, 2018 2:14 pm

Also is it possible to pay my employees earlier so that I can submit their RTI.
Yes, sorry, it is 14th June you will complete 52 weeks.

Any yes, it is possible to submit RTI on any date in June (it is not tied to payment, so you can still pay at the end of the month)
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.

Hasslefree
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Re: calculating 12 months for a full time job for Tier 1 Entrepreneur ILR application

Post by Hasslefree » Thu Aug 16, 2018 5:38 pm

Thanks for clarifying. I just called my accountant to clarify it with him the matter of paying employee early to get RTI. But he said that it is not possible. Now I am confused. Please help.

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Re: calculating 12 months for a full time job for Tier 1 Entrepreneur ILR application

Post by marcnath » Thu Aug 16, 2018 6:23 pm

Hasslefree wrote:
Thu Aug 16, 2018 5:38 pm
Thanks for clarifying. I just called my accountant to clarify it with him the matter of paying employee early to get RTI. But he said that it is not possible. Now I am confused. Please help.
He is wrong. I have done it myself (I do my own RTI).

In fact, HMRC requires that you submit RTI before you actually pay.
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.

Hasslefree
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Re: calculating 12 months for a full time job for Tier 1 Entrepreneur ILR application

Post by Hasslefree » Thu Aug 16, 2018 11:14 pm

Thanks for all the help.

I would appreciate if all others, having same situation, share their experiences and opinions.

natsha
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Re: calculating 12 months for a full time job for Tier 1 Entrepreneur ILR application

Post by natsha » Fri Aug 17, 2018 12:48 am

You can DO early RTI And pay later I did 2 times .

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CULLINAN
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Re: calculating 12 months for a full time job for Tier 1 Entrepreneur ILR application

Post by CULLINAN » Fri Aug 17, 2018 2:07 am

I have a similar situation as yours. Marcnath advised me the same and I plan to do the same also.
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Re: calculating 12 months for a full time job for Tier 1 Entrepreneur ILR application

Post by PeterLove2008 » Wed Sep 26, 2018 4:55 am

Hasslefree wrote:
Thu Aug 16, 2018 5:38 pm
Thanks for clarifying. I just called my accountant to clarify it with him the matter of paying employee early to get RTI. But he said that it is not possible. Now I am confused. Please help.
Your accountant said it was not possible, the reason might be their own inhouse procedure stops them doing RTI earlier than usual. It is a matter of how they arrange their workflow.
As other gurus already answered you, it is possible and they have done it.

Hasslefree
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Why is Set 0 Online Form Asking for Evidence for Absences Less Than 180 Days in 12 Months Rolling Period?

Post by Hasslefree » Fri Dec 28, 2018 11:57 pm

Hi,

I am going to apply for ILR under Tier 1 Entrepreneur after 5 years. I noticed that the online form is asking for all the absences, and as against what we understand from immigration rules, it is asking to tick the kind of evidence I will submit for all the absences, even if they are less than 180 days in a 12 month rolling period. How should I tackle this issue? Help from the admin and gurus much appreciated.

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Re: Why is Set 0 Online Form Asking for Evidence for Absences Less Than 180 Days in 12 Months Rolling Period?

Post by CR001 » Sat Dec 29, 2018 9:03 am

Hasslefree wrote:
Fri Dec 28, 2018 11:57 pm
Hi,

I am going to apply for ILR under Tier 1 Entrepreneur after 5 years. I noticed that the online form is asking for all the absences, and as against what we understand from immigration rules, it is asking to tick the kind of evidence I will submit for all the absences, even if they are less than 180 days in a 12 month rolling period. How should I tackle this issue? Help from the admin and gurus much appreciated.
You are required to complete all absences in the form and provide a letter etc for all. The rules do NOT state that only absence of 180 days or more must be listed or evidenced.
Char (CR001 not Casa)
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murciablo
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Re: Why is Set 0 Online Form Asking for Evidence for Absences Less Than 180 Days in 12 Months Rolling Period?

Post by murciablo » Sat Dec 29, 2018 9:23 am

Char, I'm applying on set O under UK Ancestry, am I also required to provide an employer letter confirming absences?

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CR001
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Re: Why is Set 0 Online Form Asking for Evidence for Absences Less Than 180 Days in 12 Months Rolling Period?

Post by CR001 » Sat Dec 29, 2018 9:34 am

murciablo wrote:
Sat Dec 29, 2018 9:23 am
Char, I'm applying on set O under UK Ancestry, am I also required to provide an employer letter confirming absences?
Kindly post in your own topic as this one is about tier 1 entrepreneur to ILR which is far more complex than ancestry ILR.
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