tier 1 ILR 5 Years Job creation

[rztren]

Hi All members. I am applying my ILR based on 5 years on 04/02/2019. One Job was created on 06/02/2018 and employment is full time from 06/02/2018-31/01/2019. Will this fullfils 12 months one job requirement or there is a 5 days gap? Although the employee's start date was 06/02/2018 but for that month of feb 2018 he worked 151 hours ?. Regards

[marcnath]

Hi All members. I am applying my ILR based on 5 years on 04/02/2019. One Job was created on 06/02/2018 and employment is full time from 06/02/2018-31/01/2019. Will this fullfils 12 months one job requirement or there is a 5 days gap? Although the employee's start date was 06/02/2018 but for that month of feb 2018 he worked 151 hours ?. Regards

More hours worked in a month has no bearing.

You do not qualify on the basis of job creation until 5/2/2019. Why are you applying on 4/2 rather than on 6/2, for example ?

[rztren]

Hi marcnath thanks for reply, yes I can apply on 06/02/2019 no problem. But my payroll cut of date is 31/01/2019 and processing date is 05/02/2019. To case worker FPS will show start date 06/02/2018 and last payslip will show hours till 31/01/2019. So even if I apply on 06/02/2019 still there is a gap of 05 days. Please advise...?

[rztren]

Hi All members. I am applying my ILR based on 5 years on 04/02/2019. One Job was created on 06/02/2018 and employment is full time from 06/02/2018-31/01/2019. Will this fullfils 12 months one job requirement or there is a 5 days gap? Although the employee's start date was 06/02/2018 but for that month of feb 2018 he worked 151 hours ?. Regards

More hours worked in a month has no bearing.

You do not qualify on the basis of job creation until 5/2/2019. Why are you applying on 4/2 rather than on 6/2, for example ? any reply to my post below marcnath if I apply on 06/02/2019 it will cover 12 months but the last payslip to case worker will only be till 31/01/2019, what shell I do please advise..?

[rztren]

Senior Members please advise... My ILR qualify date is 25/02/2019 and I am planning to apply on 06/02/2019 because one of my Job was created on 06/02/2018 So it will complete 12 months on 05/02/2019. My concerns is the FPS record and Payslips will only show employment details from 06/02/2018 to 31/01/2019 due to payroll monthly cut off date. If I apply on or after 06/02/2019 when the Job completes its 12 months but still to Case worker the records shows 5 less days because the last payslip is only till 31/01/2019 not 05/02/2019(date when it completes 12 months).

Regards

Zimba and CR001 your feedback will be much appreciated too

[CULLINAN]

Senior Members please advise... My ILR qualify date is 25/02/2019 and I am planning to apply on 06/02/2019 because one of my Job was created on 06/02/2018 So it will complete 12 months on 05/02/2019. My concerns is the FPS record and Payslips will only show employment details from 06/02/2018 to 31/01/2019 due to payroll monthly cut off date. If I apply on or after 06/02/2019 when the Job completes its 12 months but still to Case worker the records shows 5 less days because the last payslip is only till 31/01/2019 not 05/02/2019(date when it completes 12 months).

Regards

Zimba and CR001 your feedback will be much appreciated too

You will have to send Feb 2019 FPS also to complete your 12 months in that case. You can generate one early around 5th Feb for Feb 2019 and submit with the application.

[CULLINAN]

When was your extension approved?

What is your initial Tier 1 visa date?

[rztren]

When was your extension approved? 02/03/2018

What is your initial Tier 1 visa date? 25/02/2014

[rztren]

Senior Members please advise... My ILR qualify date is 25/02/2019 and I am planning to apply on 06/02/2019 because one of my Job was created on 06/02/2018 So it will complete 12 months on 05/02/2019. My concerns is the FPS record and Payslips will only show employment details from 06/02/2018 to 31/01/2019 due to payroll monthly cut off date. If I apply on or after 06/02/2019 when the Job completes its 12 months but still to Case worker the records shows 5 less days because the last payslip is only till 31/01/2019 not 05/02/2019(date when it completes 12 months).

Regards

Zimba and CR001 your feedback will be much appreciated too

You will have to send Feb 2019 FPS also to complete your 12 months in that case. You can generate one early around 5th Feb for Feb 2019 and submit with the application.

(Can I attach one month of jan 2018 from different job to combine with this Job and complete 12 months as I am in transitional arrangement)? cz I have 3rd employee part time 70 hour working for me since 05/04/2017 and still continue..?

[CULLINAN]

When was your extension approved? 02/03/2018

What is your initial Tier 1 visa date? 25/02/2014

Okay so yes you fall under the exception rule. If you apply on 6th Feb 2019, you can claim job creation between 6th Feb 2018 - 5th Feb 2019.
You are under tranitional arrangement so you need 104 weeks of FT employment in any combination.

[CULLINAN]

Senior Members please advise... My ILR qualify date is 25/02/2019 and I am planning to apply on 06/02/2019 because one of my Job was created on 06/02/2018 So it will complete 12 months on 05/02/2019. My concerns is the FPS record and Payslips will only show employment details from 06/02/2018 to 31/01/2019 due to payroll monthly cut off date. If I apply on or after 06/02/2019 when the Job completes its 12 months but still to Case worker the records shows 5 less days because the last payslip is only till 31/01/2019 not 05/02/2019(date when it completes 12 months).

Regards

Zimba and CR001 your feedback will be much appreciated too

You will have to send Feb 2019 FPS also to complete your 12 months in that case. You can generate one early around 5th Feb for Feb 2019 and submit with the application.

(Can I attach one month of jan 2018 from different job to combine with this Job and complete 12 months as I am in transitional arrangement)? cz I have 3rd employee part time 70 hour working for me since 05/04/2017 and still continue..?

You could add two part timers to make one full time but since Jan 2018 is only 1 PT employee so I dont think so. The safest is to send an early FPS for Feb 2019.

[CULLINAN]

Also note, you can only go back 12 months immediately from the date of ILR in your case. So if you apply on 6th Feb 2019 you can go back to 6th Feb 2018.

but if you change plans and apply on 10th Feb 2019 lets say, you can only go back till 10th Feb 2018 etc

[marcnath]

Hi marcnath thanks for reply, yes I can apply on 06/02/2019 no problem. But my payroll cut of date is 31/01/2019 and processing date is 05/02/2019. To case worker FPS will show start date 06/02/2018 and last payslip will show hours till 31/01/2019. So even if I apply on 06/02/2019 still there is a gap of 05 days. Please advise...?

As far as I am aware, HMRC requires RTI submission prior to payment to employees. So are you paying employees after 5th of the month for previous month ? This has nothing to do with immigration - I was just curious.

Get your accountant to submit RTI and generate the payslips on 5/2 for the month of Feb or apply on 6/3. If that can't be done, then go ahead and submit as usual and send the additional pay documents as soon as you can (not sure how it works in the new process, though it should still be possible)

Of course, as separately discussed, adding an additional employee also works under the transitional arrangement.

[rztren]

Senior Members please advise... My ILR qualify date is 25/02/2019 and I am planning to apply on 06/02/2019 because one of my Job was created on 06/02/2018 So it will complete 12 months on 05/02/2019. My concerns is the FPS record and Payslips will only show employment details from 06/02/2018 to 31/01/2019 due to payroll monthly cut off date. If I apply on or after 06/02/2019 when the Job completes its 12 months but still to Case worker the records shows 5 less days because the last payslip is only till 31/01/2019 not 05/02/2019(date when it completes 12 months).

Regards

Zimba and CR001 your feedback will be much appreciated too

You will have to send Feb 2019 FPS also to complete your 12 months in that case. You can generate one early around 5th Feb for Feb 2019 and submit with the application.

(Can I attach one month of jan 2018 from different job to combine with this Job and complete 12 months as I am in transitional arrangement)? cz I have 3rd employee part time 70 hour working for me since 05/04/2017 and still continue..?

You could add two part timers to make one full time but since Jan 2018 is only 1 PT employee so I dont think so. The safest is to send an early FPS for Feb 2019.

. ( but i am pre april 2014 transitional arrangement)

[rztren]

Hi marcnath thanks for reply, yes I can apply on 06/02/2019 no problem. But my payroll cut of date is 31/01/2019 and processing date is 05/02/2019. To case worker FPS will show start date 06/02/2018 and last payslip will show hours till 31/01/2019. So even if I apply on 06/02/2019 still there is a gap of 05 days. Please advise...?

As far as I am aware, HMRC requires RTI submission prior to payment to employees. So are you paying employees after 5th of the month for previous month ? This has nothing to do with immigration - I was just curious.

Get your accountant to submit RTI and generate the payslips on 5/2 for the month of Feb or apply on 6/3. If that can't be done, then go ahead and submit as usual and send the additional pay documents as soon as you can (not sure how it works in the new process, though it should still be possible)

Of course, as separately discussed, adding an additional employee also works under the transitional arrangement.

Many thanks

[rztren]

When was your extension approved? 02/03/2018

What is your initial Tier 1 visa date? 25/02/2014

Okay so yes you fall under the exception rule. If you apply on 6th Feb 2019, you can claim job creation between 6th Feb 2018 - 5th Feb 2019.
You are under tranitional arrangement so you need 104 weeks of FT employment in any combination.

Yes thanks this what I was trying to explain and clear but in the online form there are no option of combining the two jobs like the paper form at the time of extension. In online form you can only add extra employee if any within the same job. But there is no way of combining.

[CULLINAN]

When was your extension approved? 02/03/2018

What is your initial Tier 1 visa date? 25/02/2014

Okay so yes you fall under the exception rule. If you apply on 6th Feb 2019, you can claim job creation between 6th Feb 2018 - 5th Feb 2019.
You are under tranitional arrangement so you need 104 weeks of FT employment in any combination.

Yes thanks this what I was trying to explain and clear but in the online form there are no option of combining the two jobs like the paper form at the time of extension. In online form you can only add extra employee if any within the same job. But there is no way of combining.

you dont have to combine jobs under transitional arrangement. I know online form does not cater for transitional arrangement merely cz the tranitional arrangement is ending soon in April. Just ignore that and list your employees as separate jobs or any combination.

[rztren]

Thanks