Tier 1E ILR in May 2019 and Transitional Agreement 2019

[Dea guy]

Dear Friends,

Hope you are well.

My ILR is due in mid of May 2019 on the bases of 5 years. My extension approved in September 2017. I had two Employees A and B from September 2017 to May 2019. Both of them were on 120 hours a month.
employee A left in May 2019 but other Employee B is still working since September 2017. Employee B is on 130 per month now since June 2018.
I hired another employee C in September 2018.

So break down is

Employee A: 120 hours per month from September to May 2019.

Employee B: 120 hours per month from Sep2017 to May 2019 and then 130 Hours per month from June till now.

Employee C: 130 hours per month from September 2018 till end of March.

If i complete 24 months employment at the end of March 2019. Will i be able to apply ILR in May 2019 on the bases of pre April 2014 Transitional agreement?

Or i need to show two jobs that is contineously existing from Last 12 months till May 2019?

My visa is expiring third week of September 2019.

Please share your valuable opinions so i can prepare things now.

Thanks.

[marcnath]

Dear Friends,

Hope you are well.

My ILR is due in mid of May 2019 on the bases of 5 years. My extension approved in September 2017. I had two Employees A and B from September 2017 to May 2019. Both of them were on 120 hours a month.
employee A left in May 2019 but other Employee B is still working since September 2017. Employee B is on 130 per month now since June 2018.
I hired another employee C in September 2018.

So break down is

Employee A: 120 hours per month from September to May 2019.

Employee B: 120 hours per month from Sep2017 to May 2019 and then 130 Hours per month from June till now.

Employee C: 130 hours per month from September 2018 till end of March.

If i complete 24 months employment at the end of March 2019. Will i be able to apply ILR in May 2019 on the bases of pre April 2014 Transitional agreement?

Or i need to show two jobs that is contineously existing from Last 12 months till May 2019?

My visa is expiring third week of September 2019.

Please share your valuable opinions so i can prepare things now.

Thanks.

Lot of unclear information.

1. Are you completing 5 years in May 2019 or is May 2019 when you are eligible to apply for ILR (28 days before you complete 5 years) ?
2. Employee A started in Sept ???? wihch year

To avail of the pre-transitional arrangement, your application needs to be submitted before April 2019. In that case, a total of 24 months of full time equivalent will suffice.

After that, you need two separate full time equivalent jobs - each of 12 months (need not be continuous) during your extension period

[Dea guy]

I can apply in May 2019 as 28 days before of the 5 years completion.
One employee is working from the day one. He was working in Extension period and still now working 130 hours per month. I have created two new Part time jobs equivalent to one full time jobs in 2018.

The Employee who is working from day one (initial Grant) till now is ok?

My visa is expiring in September 2019.

My two full time jobs will complete in August 2019 including the employee who is working from initial Grant 2014.

In this sense. Will i be ok in August 2019?

Please share your opinion.

Thanks.

[marcnath]

I can apply in May 2019 as 28 days before of the 5 years completion.
One employee is working from the day one. He was working in Extension period and still now working 130 hours per month. I have created two new Part time jobs equivalent to one full time jobs in 2018. ==> So you meet the requirement at the end of 2018 ?

The Employee who is working from day one (initial Grant) till now is ok? ==> Of course, why wouldn't it be ok ?

My visa is expiring in September 2019.

My two full time jobs will complete in August 2019 including the employee who is working from initial Grant 2014.

In this sense. Will i be ok in August 2019? ==> Sure, but why would you wait until August ?

Please share your opinion.

Thanks.

[Dea guy]

Actually when i got extension in September 2017. I had two full time employees. Employee A left in April 2018.
Employee B is still working with me. I did not realise and was busy in Business. I did not read the new Transitional Arrangement April 2019.

My 5 years are completed in June 2019. By law i can apply 28 days before the Complete 5 years which is May 2019.

Employee A left in April 2018. I thought i am in Transitional Arrangement of Pre 2014 and left it for couple of months.
Last night i read about Transitional Arrangement april 2019.

I can apply ILR in May 2019 otherwise mid of September 2019 when Visa is expiring. I had one employee from April 2018 till September.
So according to May 2019. I have to creat two fulltime job. My second full time job has started in September 2018.
So in this scenario my two full time jobs are being completed in August 2019 and i can not apply in May 2019 or June 2019 because two jobs are not fullfil the 12 months each job.

My sitiation comes under the Pre 2014 which is not applicable in after 5 April 2019.

That is why i have to go till end of August 2019 now to fullfil the 12 months two jobs.

I did mistake and became careless.

[Dea guy]

I can apply in May 2019 as 28 days before of the 5 years completion.
One employee is working from the day one. He was working in Extension period and still now working 130 hours per month. I have created two new Part time jobs equivalent to one full time jobs in 2018. ==> So you meet the requirement at the end of 2018 ?
Two new part time jobs have been created in September 2018. I meet the Requirements at the end of August 2019 as per new Transitional Arrangement April 2019 bcz i did not have second employment from May 2018 to September 2018. I just had one full time employee from extension till now.
The Employee who is working from day one (initial Grant) till now is ok? ==> Of course, why wouldn't it be ok ?

My visa is expiring in September 2019.

My two full time jobs will complete in August 2019 including the employee who is working from initial Grant 2014.

In this sense. Will i be ok in August 2019? ==> Sure, but why would you wait until August ?

Please share your opinion.

Thanks.

[marcnath]

Actually when i got extension in September 2017. I had two full time employees. Employee A left in April 2018. ==> So this is 7 or 8 months full time job depending on the exact dates
Employee B is still working with me. So this is one full time job

I did not realise and was busy in Business. I did not read the new Transitional Arrangement April 2019.

My 5 years are completed in June 2019. By law i can apply 28 days before the Complete 5 years which is May 2019.

Employee A left in April 2018. I thought i am in Transitional Arrangement of Pre 2014 and left it for couple of months.
Last night i read about Transitional Arrangement april 2019.

I can apply ILR in May 2019 otherwise mid of September 2019 when Visa is expiring. I had one employee from April 2018 till September.
So according to May 2019. I have to creat two fulltime job.
My second full time job has started in September 2018. ==> If this person is doing the same job as Employee A, you can combine it with Employee A to meet the 12 month by Jan 2019 ???
So in this scenario my two full time jobs are being completed in August 2019 and i can not apply in May 2019 or June 2019 because two jobs are not fullfil the 12 months each job.

My sitiation comes under the Pre 2014 which is not applicable in after 5 April 2019.

That is why i have to go till end of August 2019 now to fullfil the 12 months two jobs.

I did mistake and became careless.

[Dea guy]

Actually when i got extension in September 2017. I had two full time employees. Employee A left in April 2018. ==> So this is 7 or 8 months full time job depending on the exact dates
Employee B is still working with me. So this is one full time job

I did not realise and was busy in Business. I did not read the new Transitional Arrangement April 2019.

My 5 years are completed in June 2019. By law i can apply 28 days before the Complete 5 years which is May 2019.

Employee A left in April 2018. I thought i am in Transitional Arrangement of Pre 2014 and left it for couple of months.
Last night i read about Transitional Arrangement april 2019.

I can apply ILR in May 2019 otherwise mid of September 2019 when Visa is expiring. I had one employee from April 2018 till September.
So according to May 2019. I have to creat two fulltime job.
My second full time job has started in September 2018. ==> If this person is doing the same job as Employee A, you can combine it with Employee A to meet the 12 month by Jan 2019 ??? new full time is doing two Part time employees from September 2018.
But i can not apply before May 2019. My 5 years is completing in June 2019. 28 days before is mid of May 2019 so i fall in Transitional Arrangement april 2019.
So in this scenario my two full time jobs are being completed in August 2019 and i can not apply in May 2019 or June 2019 because two jobs are not fullfil the 12 months each job.

My sitiation comes under the Pre 2014 which is not applicable in after 5 April 2019.

That is why i have to go till end of August 2019 now to fullfil the 12 months two jobs.

I did mistake and became careless.

[marcnath]

Actually when i got extension in September 2017. I had two full time employees. Employee A left in April 2018. ==> So this is 7 or 8 months full time job depending on the exact dates
Employee B is still working with me. So this is one full time job

I did not realise and was busy in Business. I did not read the new Transitional Arrangement April 2019.

My 5 years are completed in June 2019. By law i can apply 28 days before the Complete 5 years which is May 2019.

Employee A left in April 2018. I thought i am in Transitional Arrangement of Pre 2014 and left it for couple of months.
Last night i read about Transitional Arrangement april 2019.

I can apply ILR in May 2019 otherwise mid of September 2019 when Visa is expiring. I had one employee from April 2018 till September.
So according to May 2019. I have to creat two fulltime job.
My second full time job has started in September 2018. ==> If this person is doing the same job as Employee A, you can combine it with Employee A to meet the 12 month by Jan 2019 ??? new full time is doing two Part time employees from September 2018.
But i can not apply before May 2019. My 5 years is completing in June 2019. 28 days before is mid of May 2019 so i fall in Transitional Arrangement april 2019.
So in this scenario my two full time jobs are being completed in August 2019 and i can not apply in May 2019 or June 2019 because two jobs are not fullfil the 12 months each job.

My sitiation comes under the Pre 2014 which is not applicable in after 5 April 2019.

That is why i have to go till end of August 2019 now to fullfil the 12 months two jobs.

I did mistake and became careless.

It still depends on whether the two part time employees are doing the same job as what Employee A was doing.

If they are different jobs then they both have to complete 12 months each. But if they are doing the same job, then it is one job filled by one employee for 7 months and 2 employees for 5 months.

[Dea guy]

Ok.
Can i apply in May 2019. What will be the option for me?

[marcnath]

Ok.
Can i apply in May 2019. What will be the option for me?

You still haven't said if they were the same job or different ones.

[Dea guy]

Ok.
Can i apply in May 2019. What will be the option for me?

You still haven't said if they were the same job or different ones.

Same job.
A employee has been replced by two people on same role.

[marcnath]

Ok.
Can i apply in May 2019. What will be the option for me?

You still haven't said if they were the same job or different ones.

Same job.
A employee has been replced by two people on same role.

Then you can apply in May. Just fill in the Job Table as 1 table and enter all three employees in that.

The immigration rules only require that a Job has to last 12 months. It does not say employees have to be employed for 12 months. One job could be fulfilled by 1 or 10 people - it should not matter as per the immigration rules. You may need to explain this in the cover letter and make sure you state your position up front.

It is still possible that you can get a refusal as it is an odd case and some CWs may disagree. But there are cases here where something similar (but not exactly this) has been approved. So there is an element of risk but if I was the one doing it I would do it that way.

[Dea guy]

A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year) providing it is the same job.

After reading above paragraph from the policy i got your point. I was in mind that i need one job for consecutive 12 months but policy says if job was exit 6 month in one year and then next 6 month next year. according to this my Employee A 's position has covered by the two new part time employees. One is already from Day one (After Extension) he is full time. I can apply now in May 2019.

Am i right dear Macnarth?

[marcnath]

A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year) providing it is the same job.

After reading above paragraph from the policy i got your point. I was in mind that i need one job for consecutive 12 months but policy says if job was exit 6 month in one year and then next 6 month next year. according to this my Employee A 's position has covered by the two new part time employees. One is already from Day one (After Extension) he is full time. I can apply now in May 2019.

Am i right dear Macnarth?

Correct

[Dea guy]

Thank you Dear for help.