Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
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Marishres
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by Marishres » Wed Apr 18, 2018 8:34 am
Dear All,
Tier 1 issued 28 Feb 2014
Extension applied 16 Feb 2017
Extension granted 12 April 2018
Jobs Created and maintained after applying for extension:
Job 1 Job 2 Job 3
2017 Month Hours Hours Hours
Jan 120 120 --
Feb 120 140 88
March -- 140 88
April -- 140 88
May -- 140 110
June -- 140 110
July -- 140 88
Aug -- 140 130
Sept -- 70(Resigned) 130
Oct -- -- --
Nov -- -- --
Dec -- 140 --
2018 Jan -- 140 --
Feb -- 140 --
March -- 140 --
April -- 140 --
Can I take these jobs into consideration for applying my ILR (possibly 31Jan/ Feb 2019)? I am very confused about my Job 3 as it was created on necessity and feasibly depended on hourly basis. Appreciate for your advice!
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zimba
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by zimba » Wed Apr 18, 2018 11:46 am
As repeated several times, you simply need 104 weeks of full time employment (30 hour weeks). Ignore the total hour counting to avoid confusion.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Marishres
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by Marishres » Thu Apr 19, 2018 10:04 am
Apology for reiterating the same issue. Just wanted to confirm earlier than later.
Again a stupid question, can i apply on 31 Jan 2019? If so, are the jobs since jan 2017 could be taken into consideration?
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zimba
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by zimba » Thu Apr 19, 2018 11:16 am
Marishres wrote: ↑Thu Apr 19, 2018 10:04 am
Again a stupid question, can i apply on 31 Jan 2019? If so, are the jobs since jan 2017 could be taken into consideration?
No. But if you apply Jan 2019, as your extension was granted less than 12 months before applying for ILR, you can claim up to 12 months worked from ILR date (from Jan 2018 onwards)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Marishres
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by Marishres » Thu Apr 19, 2018 11:53 am
Thank you Zimba as always!
So basically, jobs maintained and created during my extension application (Feb'17 til Jan'18) is void? I would need 104 weeks' of employment since Jan'18 to Jan'19? Transitional arrangement would not be applicable if I am to apply in Feb'2020? I am pretty sure all the moderators had advised on this issue but my search field is not visible. I can only find it on my mobile.
One more question please, when would it be my best option to apply?
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zimba
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by zimba » Thu Apr 19, 2018 12:55 pm
For job creation towards your ILR, only the hours worked AFTER the grant of extension will count. The exception to this is that if your extension was issued less than 12 months from the date of ILR application, you can use the immediate preceding 12 months.
Under transitional arrangement you can for example hire 4 people for 6 months. No need to wait until 2020
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Marishres
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by Marishres » Fri Apr 20, 2018 9:55 am
Thank you Zimba!
If am to apply on 31 Jan'19 I can consider my employees from Jan'18! It's going to be very challenging to employ 4 staffs for six months as its not going to be feasible for the nature of my business. It's going to be quite a tough decision to make if I am to apply on 31 Jan'19!
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zimba
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by zimba » Fri Apr 20, 2018 12:59 pm
Then delay the ILR until you have 104 weeks of full time work covered
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Marishres
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by Marishres » Fri Feb 15, 2019 9:51 pm
Hi All!
My history:
Tier 1 issued 28 Feb 2014
Extension applied 16 Feb 2017
Extension granted 12 April 2018
Finally, I am now preparing for my submission of ILR application along with my dependent. The jobs created are as follows:
Start End Month
Jobs Employee
Marketing Assistant 1 A 01-Feb-18 31-Aug-18 7
Marketing Assistant 2 B 01-Apr-18 31-Aug-18 5
Marketing Assistant 3 C 01-Jun-18 30-Nov-18 6
Marketing Assistant 4 D 01-Nov-18 28-Feb-19 4
Marketing Assistant 5 E 01-Dec-18 28-Feb-19 3
I hope there is 25 months of employment among 5 jobs which would meet the criteria for me to apply within this month. Hope it works now!
Regards.
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CULLINAN
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by CULLINAN » Sat Feb 16, 2019 12:48 am
Marishres wrote: ↑Fri Feb 15, 2019 9:51 pm
Hi All!
My history:
Tier 1 issued 28 Feb 2014
Extension applied 16 Feb 2017
Extension granted 12 April 2018
Finally, I am now preparing for my submission of ILR application along with my dependent. The jobs created are as follows:
Start End Month
Jobs Employee
Marketing Assistant 1 A 01-Feb-18 31-Aug-18 7
Marketing Assistant 2 B 01-Apr-18 31-Aug-18 5
Marketing Assistant 3 C 01-Jun-18 30-Nov-18 6
Marketing Assistant 4 D 01-Nov-18 28-Feb-19 4
Marketing Assistant 5 E 01-Dec-18 28-Feb-19 3
I hope there is 25 months of employment among 5 jobs which would meet the criteria for me to apply within this month. Hope it works now!
Regards.
If you apply on 1st March 2019, you can claim 12 months immediately before the date of application that is 1st March 2018 - 28th Feb 2019.
You can claim Assistant 1 — 6 months NOT 7 only from 1st March 2018
so in total you will have 24 months not 25 which is required so your good to apply on 1st March 2019.
FPS March 2018 - Feb 2019
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.
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Marishres
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by Marishres » Sat Feb 16, 2019 4:11 pm
Thank you!!
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CULLINAN
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by CULLINAN » Sat Feb 16, 2019 5:10 pm
Marishres wrote: ↑Sat Feb 16, 2019 4:11 pm
Thank you!!
Note, if you do not apply on 1st March 2019 and lets say you apply on 5th March 2019 instead, then you can only go back till 5th March 2018 and in that case you would need FPS for March 2019 also. So best to apply on 1st March 2019.
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Marishres
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by Marishres » Fri Mar 01, 2019 8:00 pm
Guys just realised now as am about to submit my application today....apparently one of my employee Asst2's FPS shows his start date as on 06 April 2018 whereas I have paid him for a whole month of April!!
Seems like I haven't even covered complete 24 month's of job creation till now! I am confused......
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CULLINAN
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by CULLINAN » Fri Mar 01, 2019 8:04 pm
Marishres wrote: ↑Fri Mar 01, 2019 8:00 pm
Guys just realised now as am about to submit my application today....apparently one of my employee Asst2's FPS shows his start date as on 06 April 2018 whereas I have paid him for a whole month of April!!
Seems like I haven't even covered complete 24 month's of job creation till now! I am confused......
This seems to be a common accountant error due to the cut off period. Can you ask your accountant to rectify that and submit to HO again? If there is no time, then just try to compensate for that week through some other employee??
List your employees with complete dates.
Include your initial visa date and extension visa date again in the same post
Note: Ignore. I just checked the post above has all info
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.
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CULLINAN
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by CULLINAN » Fri Mar 01, 2019 8:11 pm
That is a common accountant error. He should rectify it and submit to HO again and provide you with an updated RTI. In HMRC records your employee started on 6th April
You can write a cover letter and post the updated RTI as soon as possible.
If you dont apply today you will not be able to claim from 1st March 2018 as you can only claim 12 months immediately before the date of ILR.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.
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Marishres
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by Marishres » Fri Mar 01, 2019 8:33 pm
To my surprise, The Accountant, just managed to rectify it back to 01 April despite insisting it cannot be done!! That's sorted!
Does company bank statement needs to be from current date? i have for last two months and still waiting for the month of feb19 to appear pdf format online. Seems like it might appear after midnight today.
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aman90
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by aman90 » Fri Mar 01, 2019 8:42 pm
Marishres wrote: ↑Fri Mar 01, 2019 8:33 pm
To my surprise, The Accountant, just managed to rectify it back to 01 April despite insisting it cannot be done!! That's sorted!
Does company bank statement needs to be from current date? i have for last two months and still waiting for the month of feb19 to appear pdf format online. Seems like it might appear after midnight today.
Did he amend the record sent to HMRC?
Recent bank statement is not important. One is sufficient. Can be from any time period but preferable within 3 months.
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Marishres
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by Marishres » Fri Mar 01, 2019 8:46 pm
yes he did rectify it to my surprise despite insisting it cannot be undone.
Thats a huge sigh of relief if statements from Jan and Dec will be suffice.
Thanks for your advice!
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CULLINAN
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by CULLINAN » Fri Mar 01, 2019 9:27 pm
Marishres wrote: ↑Fri Mar 01, 2019 8:46 pm
yes he did rectify it to my surprise despite insisting it cannot be undone.
Thats a huge sigh of relief if statements from Jan and Dec will be suffice.
Thanks for your advice!
Either Dec or Jan is fine. Send the Jan one as its most recent.
Make sure he also submits the updated RTI to HMRC. You can create as many RTI as you want with any dates. Point is it should be submitted to HMRC.
Apply before 12 midnight. Goodluck!
Are you using the new service or existing?
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Marishres
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by Marishres » Fri Mar 01, 2019 9:44 pm
Thank you guys!
Am trying with a new service!
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CULLINAN
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by CULLINAN » Fri Mar 01, 2019 10:01 pm
Marishres wrote: ↑Fri Mar 01, 2019 9:44 pm
Thank you guys!
Am trying with a new service!
Goodluck. Keep us posted.
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Meesha
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by Meesha » Fri Mar 01, 2019 10:30 pm
tier11417 wrote: ↑Fri Mar 01, 2019 10:01 pm
Marishres wrote: ↑Fri Mar 01, 2019 9:44 pm
Thank you guys!
Am trying with a new service!
Goodluck. Keep us posted.
Yes he can rectify it now as tax year for 2018 to 2019 will end in April. But accountant cannot amend anything for last year without going through a lot of fuss.
Were u interviewed at extension time?
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Marishres
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by Marishres » Fri Mar 01, 2019 11:25 pm
@Meesha! yes i was interviewed for extension.
Guys, am in the middle of uploading the documents. Seems like i can complete all uploadings before my appointment??! I think i saw a post mentioning somewhere about uploading all the pages of passport few months ago. Is that a case?
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CULLINAN
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by CULLINAN » Fri Mar 01, 2019 11:56 pm
Marishres wrote: ↑Fri Mar 01, 2019 11:25 pm
@Meesha! yes i was interviewed for extension.
Guys, am in the middle of uploading the documents. Seems like i can complete all uploadings before my appointment??! I think i saw a post mentioning somewhere about uploading all the pages of passport few months ago. Is that a case?
You can upload docs anytime before appointment OR you can take to centre for them to upload. Advisable if you upload yourself. Yes passport all pages including blank pages (for the passports that cover 5 year period). Dont bother about the full pages of rest of the passports (if you have more)
How long did your extension take to process?
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aman90
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by aman90 » Sat Mar 02, 2019 1:35 am
Meesha wrote: ↑Fri Mar 01, 2019 10:30 pm
Yes he can rectify it now as tax year for 2018 to 2019 will end in April. But accountant cannot amend anything for last year without going through a lot of fuss.
Were u interviewed at extension time?
@ meesha
What’s the difference between rectifying and amending?
In that case the employee joined the previous year 6th Apr 17 to 5th Apr 18..