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Tier 1 Ent Team. 50K route ILR Job Creation

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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kutren
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Tier 1 Ent Team. 50K route ILR Job Creation

Post by kutren » Mon Jan 14, 2019 3:42 pm

Hi Fellow members

I have few Questions to ask before applying my ILR. My time line is:

I am Under Transitional arrangement

Initial Visa 25/02/2014
Extension 09/03/2018
ILR qualifying date 24.02.2019 ( Planning to apply on 15.02.2019 within 28 days before qualifying date ).

1. Job 1: From 01/08/2017 to Continue (Full Time)

2. Job 2: From 06/03/2018 to Continue (Full Time)

3. Job 3: 03/04/2017 to Continue (Part Time)

Will these Jobs will cover the requirement of Job creation for ILR? if yes please let me know the combination?

Do we need 104 weeks or 12 months and any link from HO saying 104 weeks?

Regards

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CULLINAN
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Re: Tier 1 Ent Team. 50K route ILR Job Creation

Post by CULLINAN » Mon Jan 14, 2019 4:17 pm

kutren wrote:
Mon Jan 14, 2019 3:42 pm
Hi Fellow members

I have few Questions to ask before applying my ILR. My time line is:

I am Under Transitional arrangement

Initial Visa 25/02/2014
Extension 09/03/2018
ILR qualifying date 24.02.2019 ( Planning to apply on 15.02.2019 within 28 days before qualifying date ).

1. Job 1: From 01/08/2017 to Continue (Full Time)
You can claim this job/employee from 15th Feb 2018 to 14th Feb 2019 so it makes 52 weeks
2. Job 2: From 06/03/2018 to Continue (Full Time)
You can claim this till 14th Feb 2019 from start date which will be 49 weeks

52 plus 49 = 101 weeks. You need 3 weeks more


3. Job 3: 03/04/2017 to Continue (Part Time)
Since it is unclear if Ho will take a single part time job to make a full time job for 2 months as the guidance only gives example of combining 2 part time jobs. But since you are under tranistional arrangement it might work as some members previously have done it. However, wait for some else to confirm this. Anyways, you can only claim this job/employee from 15th Feb 2018 onwards

Will these Jobs will cover the requirement of Job creation for ILR? if yes please let me know the combination?
you dont have to combine jobs or employees. You can list them as separte jobs. However I am still unsure of your part time worker making up for that 3 weeks. Wait on this for someone else to confirm this

Do we need 104 weeks or 12 months and any link from HO saying 104 weeks?
Its equivalent of 2 FT jobs for 12 months minimum so its 104 weeks

Regards
Since you fall under the exception rule as your ILR date will be less than 12 months from your extension date, if you apply on the 15th Feb 2019, you can claim all job creation immediately 12 months before the date of ILR application i.e. 15th Feb 2018 - 14th Feb 2019.

As you fall under the transitional arrangement you dont need to combine your jobs or employees. All you need is 104 weeks of FT employment that will be EQUIVALENT of 2 FT jobs for minimum 12 months.

You can refer to the Tier 1 guidance.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

kutren
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Re: Tier 1 Ent Team. 50K route ILR Job Creation

Post by kutren » Tue Jan 15, 2019 3:33 pm

Thanks you

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CULLINAN
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Re: Tier 1 Ent Team. 50K route ILR Job Creation

Post by CULLINAN » Tue Jan 15, 2019 3:51 pm

You still have to check how to sort out your part timer.
The guidance says two part timers to make up one full time. But I am not sure if 1 part time employee working for 2 months can be counted as 1 month Full time or so on.
Previously members have done it under transitional arrangement as long as the total number of hours match the requirement but you need to check on that.
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Kahas
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Re: Tier 1 Ent Team. 50K route ILR Job Creation

Post by Kahas » Wed Jan 16, 2019 1:03 am

If you apply before 6th April, total working hours [2x30x52] for the employees should be equivalent to 2 full time [30 hours/week] job.

kutren
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Re: Tier 1 Ent Team. 50K route ILR Job Creation

Post by kutren » Tue Jan 22, 2019 5:02 pm

Hi All

Is the extension approval date got anything to do with the qualifying period?

Like my Initial visa date is 25.02.2014
extension is 09.03.2018
5 lawfull years will complete on 25.02.2019 it means my qualifying period will start from 29.01.2019. So I can apply within these 28 days even before 25.02.2019?

and

I can use employment from waiting period for extension approval as well?

please advise....

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CULLINAN
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Re: Tier 1 Ent Team. 50K route ILR Job Creation

Post by CULLINAN » Tue Jan 22, 2019 5:47 pm

kutren wrote:
Tue Jan 22, 2019 5:02 pm
Hi All

Is the extension approval date got anything to do with the qualifying period?

Like my Initial visa date is 25.02.2014
extension is 09.03.2018
5 lawfull years will complete on 25.02.2019 it means my qualifying period will start from 29.01.2019. So I can apply within these 28 days even before 25.02.2019? yes

and

I can use employment from waiting period for extension approval as well?
Refer to previous post you already have been advised

please advise....
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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aman90
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Re: Tier 1 Ent Team. 50K route ILR Job Creation

Post by aman90 » Wed Jan 23, 2019 2:36 am

Though you may qualify under continuous residence requirement but the job creation evidence is a bit of a risk.
Tier 1 Guidance
"Jobs must have existed for at least 12 months during ur 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"

Job creation evidence going 12month backwards from the potential date of ILR application which shall obviously include a period before date of ext approval.

29/01/18- 29/01/19 / Jan 18 -Jan 19 RTIFPS and payslips.
99 weeks FT employment
52 weeks PT employment

Depends on the caseworker to accept the PT.

Or you could apply on 05/03/19 with March 18 to March 19

kutren
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Re: Tier 1 Ent Team. 50K route ILR Job Creation

Post by kutren » Thu Jan 24, 2019 10:05 am

Hi Fellow members

what is the latest policy guidelines version for Tier 1 entrepreneur or is it still same as 11/2018 ?

I heard its been changed last night again.

Regards

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CULLINAN
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Re: Tier 1 Ent Team. 50K route ILR Job Creation

Post by CULLINAN » Thu Jan 24, 2019 10:56 am

kutren wrote:
Thu Jan 24, 2019 10:05 am
Hi Fellow members

what is the latest policy guidelines version for Tier 1 entrepreneur or is it still same as 11/2018 ?

I heard its been changed last night again.

Regards
Correct. Latest 23/1/2019

https://assets.publishing.service.gov.u ... .01.19.pdf
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

kutren
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Job Creation Please advise...

Post by kutren » Fri Jan 25, 2019 5:02 pm

Hi Fellow members

My time line is:

I am Under Transitional arrangement

Initial Visa 25/02/2014
Extension 09/03/2018
ILR qualifying date 25.02.2019 ( Planning to apply on 07.02.2019 within 28 days before qualifying date ).
According to Policy guidlines
"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".

Can Please anyone explain this in detail as I am very confused as it applies in my case and I need to be very much sure that I can use the employment from extension waiting period.

Kind Regards

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zimba
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Re: Tier 1 Ent Team. 50K route ILR Job Creation

Post by zimba » Fri Jan 25, 2019 5:30 pm

Remember that for ILR, only employment AFTER the grant of extension counts. However if the date of your ILR application is less than 12 months from the date of your extension, you can claim employment created within the last 12 months from the date of your ILR. So you can technically claim employment between 07.02.2018 and 07.02.2019 towards your ILR, even though your extension was granted in 03.2018. Remember that you need to show at least you had 104 weeks of full time employment in that 12 months !
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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CULLINAN
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Re: Job Creation Please advise...

Post by CULLINAN » Fri Jan 25, 2019 6:12 pm

kutren wrote:
Fri Jan 25, 2019 5:02 pm
Hi Fellow members

My time line is:

I am Under Transitional arrangement

Initial Visa 25/02/2014
Extension 09/03/2018
ILR qualifying date 25.02.2019 ( Planning to apply on 07.02.2019 within 28 days before qualifying date ).
According to Policy guidlines
"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".

Can Please anyone explain this in detail as I am very confused as it applies in my case and I need to be very much sure that I can use the employment from extension waiting period.

Kind Regards
As Zimba correctly said, if you apply on the 7th Feb 2019, you can claim for the last 12 months immediately before the date of application that is 7th Feb 2018 - 6th Feb 2019.

However, as said before you need to look into your part timer as you are using a single part timer towards the calculation of hours to make up the 104 FT weeks. Its CW discretion if he accepts that. Previously they have accepted, just bringing in your notice so you can have a think about it.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

kutren
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Re: Tier 1 Ent Team. 50K route ILR Job Creation

Post by kutren » Mon Jan 28, 2019 3:13 pm

Many thanks

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