Tier 1 (Ent) to ILR

[nedian03]

Dear Members

Initial Application granted: March 2014
First Extension Applied: February 2017
First Extension Approved: 23rd March 2018
Two Full-time British employees: December 2015 to till date & will continue

When I can apply a second extension or 5-year settlement application as my 5 years will complete in March 2019.

I want to know clear explanation on this clause of page 34 of Tier 1 Guidance version 7/2018
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

[kaps84]

Initial Application granted: March 2014
First Extension Approved: 23rd March 2018
Two Full-time British employees: December 2015 to till date & will continue

When I can apply a second extension or 5-year settlement application as my 5 years will complete in March 2019.

You can apply for ILR anytime after Jan/Feb 2019 (based on date of initial grant), basically 28 days before you complete 5 years.

I want to know clear explanation on this clause of page 34 of Tier 1 Guidance version 7/2018
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

If you would have received your first extension approval (after March 2018, say July 2018), then also you could have applied for your ILR on Jan/Feb 2019 (even if you had not completed 12 months after your first extension. This is because your employees continued and you will comply with the job requirement:
"Job existed for at least the 12 months immediately before the date of your current application (read ILR), where that leave (read extension) was granted less than 12 months ago, "

[nedian03]

Thank you for clarification, appreciated

[nedian03]

Hi Members

I have a confusion that I want to discuss before applying ILR on bases of a continuous period of 5 years

Initial Application Approved: 07/03/2014
Extension Applied: 21/02/2017
Extension approved: 21/03/2018
continuous period of 5 years completed on 06/03/2019

Job 1: 01/01/2016 to present (full time)
Job 2: 01/05/2016 to Present (full time)
Job 3: 01/11/2018 to present (part-time)

Question 1: Do I have to show the 2 full-time jobs of 12 months from the date of an extension approved?
Question 2: My Interpretation from this clause I can use jobs created even before the extension proved kindly someone explain please "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."

Question 3: I have two dependents (1 Adult and 1 child (2 years)) their visa will expire on 21/03/2020. do they need to apply with me or should I wait once I granted ILR

Please if seniors and junior members can reply to my questions will be really helpful

Kind regards

[CULLINAN]

Hi Members

I have a confusion that I want to discuss before applying ILR on bases of a continuous period of 5 years

Initial Application Approved: 07/03/2014
Extension Applied: 21/02/2017
Extension approved: 21/03/2018
continuous period of 5 years completed on 06/03/2019

Job 1: 01/01/2016 to present (full time)
Job 2: 01/05/2016 to Present (full time)
Job 3: 01/11/2018 to present (part-time)

Question 1: Do I have to show the 2 full-time jobs of 12 months from the date of an extension approved?
Given you will apply before 6th April 2019 under transitional arrangement, the main rule is that you need 104 weeks of FT employment min 30 hours a week or 24 months in any combination of employees or jobs AFTER extension . Since you were granted extension on 21/3/18 but you could have applied in Feb 2019 (If you did apply in Feb 2019 you could have benefited from the exception rule and could have claimed for last 12 months immediately from the date of application i.e Feb 2018 - Feb 2019). Today is 13/3/19, so lets say if you apply tomorrow that is 14/3/19 you could claim from 14/3/18. (Note 14/3/18 - 21/3/18 period was under your waiting period. You are benefiting only for 1 week). But if you apply after 21/3/19, then obviously the exception rule would have been exhausted automatically and you will need 12 months AFTER extension that is after 21/3/18. Hope you get the point. If you apply after 6th April 2019, you need 2 FT JOBS that existed 12 months each.


Question 2: My Interpretation from this clause I can use jobs created even before the extension proved kindly someone explain please "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."

Question 3: I have two dependents (1 Adult and 1 child (2 years)) their visa will expire on 21/03/2020. do they need to apply with me or should I wait once I granted ILR You can apply for your ILR first. You must apply for them before their expiry though. Once you get your ILR you can also opt for super priority for dependents that is 24 hours service. For you, that is main applicant, you can only use standard service

Please if seniors and junior members can reply to my questions will be really helpful

Kind regards

[nedian03]

Thank you really appreciated