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Urgent Question on Tier1 route to ILR

Posted: Tue Jan 01, 2019 4:34 pm
by bizman
Dear senior members

Much appreciation for everyone’s help so far. I have a very important question for clarifications about my spouse and children visa.

I got Tier 1 initial visa on the 26th June 2014 for the entire family except a son born in July after we got visa, my self, spouse and children. I came to Uk 22nd August 2014, three of my children came in September 2014, my wife and three other children came December 2014. I got extension December 2017, I am due for ILR May 2019 but I intend to apply August 2019 because of job creation etc.

I like to know, can I apply for the entir family at the same time in August or wait till November as I don’t know if my spouse and the three children will be qualified to apply since they came in December 2014. The last boy was given visa in December 2014.


Also I created two jobs in July 2018, one of the employees left in September 2018, another came into my business November 2018. If I count the job creation of the guy that left which is 3 months, 12 months will be due for both roles in June and July simultaneously, can I apply for the whole family in August.

Your response will be highly appreciated.

Thanks.

Bizman

Re: Urgent Question on Tier1 route to ILR

Posted: Tue Jan 01, 2019 5:20 pm
by CULLINAN
bizman wrote:
Tue Jan 01, 2019 4:34 pm
Dear senior members

Much appreciation for everyone’s help so far. I have a very important question for clarifications about my spouse and children visa.

I got Tier 1 initial visa on the 26th June 2014 for the entire family except a son born in July after we got visa, my self, spouse and children. I came to Uk 22nd August 2014, three of my children came in September 2014, my wife and three other children came December 2014. I got extension December 2017, I am due for ILR May 2019 but I intend to apply August 2019 because of job creation etc.

I like to know, can I apply for the entir family at the same time in August or wait till November as I don’t know if my spouse and the three children will be qualified to apply since they came in December 2014. The last boy was given visa in December 2014.


Also I created two jobs in July 2018, one of the employees left in September 2018, another came into my business November 2018. If I count the job creation of the guy that left which is 3 months, 12 months will be due for both roles in June and July simultaneously, can I apply for the whole family in August.

Your response will be highly appreciated.

Thanks.

Bizman
What is visa expiry of your wife and children?

Exact dates for employees?

Re: Urgent Question on Tier1 route to ILR

Posted: Tue Jan 01, 2019 6:08 pm
by aman90
bizman wrote:
Tue Jan 01, 2019 4:34 pm
Dear senior members

Much appreciation for everyone’s help so far. I have a very important question for clarifications about my spouse and children visa.

I got Tier 1 initial visa on the 26th June 2014 for the entire family except a son born in July after we got visa, my self, spouse and children. I came to Uk 22nd August 2014, three of my children came in September 2014, my wife and three other children came December 2014. I got extension December 2017, I am due for ILR May 2019 but I intend to apply August 2019 because of job creation etc.

I like to know, can I apply for the entir family at the same time in August or wait till November as I don’t know if my spouse and the three children will be qualified to apply since they came in December 2014. The last boy was given visa in December 2014.

PBS dependants- date of entry to Uk
https://www.gov.uk/guidance/immigration ... ly-members
Read 319E immigration rules.


Also I created two jobs in July 2018, one of the employees left in September 2018, another came into my business November 2018. If I count the job creation of the guy that left which is 3 months, 12 months will be due for both roles in June and July simultaneously, can I apply for the whole family in August

Read
https://www.gov.uk/guidance/immigration ... attributes
Table 6 and job creation notes.




Your response will be highly appreciated.

Thanks.

Bizman

Re: Urgent Question on Tier1 route to ILR

Posted: Tue Jan 01, 2019 6:50 pm
by bizman
tier11417 wrote:
Tue Jan 01, 2019 5:20 pm
bizman wrote:
Tue Jan 01, 2019 4:34 pm
Dear senior members

Much appreciation for everyone’s help so far. I have a very important question for clarifications about my spouse and children visa.

I got Tier 1 initial visa on the 26th June 2014 for the entire family except a son born in July after we got visa, my self, spouse and children. I came to Uk 22nd August 2014, three of my children came in September 2014, my wife and three other children came December 2014. I got extension December 2017, I am due for ILR May 2019 but I intend to apply August 2019 because of job creation etc.

I like to know, can I apply for the entir family at the same time in August or wait till November as I don’t know if my spouse and the three children will be qualified to apply since they came in December 2014. The last boy was given visa in December 2014.


Also I created two jobs in July 2018, one of the employees left in September 2018, another came into my business November 2018. If I count the job creation of the guy that left which is 3 months, 12 months will be due for both roles in June and July simultaneously, can I apply for the whole family in August.

Your response will be highly appreciated.

Thanks.

Bizman
What is visa expiry of your wife and children?

Exact dates for employees?
Visa expiry of my wife is same time with mine December 2019

Employee dates

1st one started 5th July 2018 and left 30th September 2018, he spent three months
2nd started same date 5th of July 2018 and is still with us.
3rd employee started 1st November 2018 to take over the role of the first employee

Re: Urgent Question on Tier1 route to ILR

Posted: Tue Jan 01, 2019 7:24 pm
by bizman
aman90 wrote:
Tue Jan 01, 2019 6:08 pm
bizman wrote:
Tue Jan 01, 2019 4:34 pm
Dear senior members

Much appreciation for everyone’s help so far. I have a very important question for clarifications about my spouse and children visa.

I got Tier 1 initial visa on the 26th June 2014 for the entire family except a son born in July after we got visa, my self, spouse and children. I came to Uk 22nd August 2014, three of my children came in September 2014, my wife and three other children came December 2014. I got extension December 2017, I am due for ILR May 2019 but I intend to apply August 2019 because of job creation etc.

I like to know, can I apply for the entir family at the same time in August or wait till November as I don’t know if my spouse and the three children will be qualified to apply since they came in December 2014. The last boy was given visa in December 2014.

PBS dependants- date of entry to Uk
https://www.gov.uk/guidance/immigration ... ly-members
Read 319E immigration rules.


Also I created two jobs in July 2018, one of the employees left in September 2018, another came into my business November 2018. If I count the job creation of the guy that left which is 3 months, 12 months will be due for both roles in June and July simultaneously, can I apply for the whole family in August

Read
https://www.gov.uk/guidance/immigration ... attributes
Table 6 and job creation notes.




Your response will be highly appreciated.

Thanks.

Bizman
Thanks Aman90, from that immigration rule 319E it means my wife can apply the same time with me since the visa was issues before 11January, 2018.

Also since it is the same role for the employee that left and the replacement, then I just need twelve months of the job created.

Please confirm I’m right Aman90

Thank you

Re: Urgent Question on Tier1 route to ILR

Posted: Tue Jan 01, 2019 7:31 pm
by CULLINAN
bizman wrote:
Tue Jan 01, 2019 6:50 pm
tier11417 wrote:
Tue Jan 01, 2019 5:20 pm
bizman wrote:
Tue Jan 01, 2019 4:34 pm
Dear senior members

Much appreciation for everyone’s help so far. I have a very important question for clarifications about my spouse and children visa.

I got Tier 1 initial visa on the 26th June 2014 for the entire family except a son born in July after we got visa, my self, spouse and children. I came to Uk 22nd August 2014, three of my children came in September 2014, my wife and three other children came December 2014. I got extension December 2017, I am due for ILR May 2019 but I intend to apply August 2019 because of job creation etc.

I like to know, can I apply for the entir family at the same time in August or wait till November as I don’t know if my spouse and the three children will be qualified to apply since they came in December 2014. The last boy was given visa in December 2014.


Also I created two jobs in July 2018, one of the employees left in September 2018, another came into my business November 2018. If I count the job creation of the guy that left which is 3 months, 12 months will be due for both roles in June and July simultaneously, can I apply for the whole family in August.

Your response will be highly appreciated.

Thanks.

Bizman
What is visa expiry of your wife and children?
Let someone confirm if you can apply together or not.
However, you do not necessarily have to apply together with the dependents. If there valid leave is till Dec 2019, you can apply in Aug 2019 on your own given you fulfill all requirements.
If your visa is granted before Dec, you can also opt for super priority service 24 hrs for dependents.


Exact dates for employees?
Visa expiry of my wife is same time with mine December 2019

Employee dates

1st one started 5th July 2018 and left 30th September 2018, he spent three months
2nd started same date 5th of July 2018 and is still with us.
3rd employee started 1st November 2018 to take over the role of the first employee
1st employee how come 3 months? 3 months would be on 4th Oct?

3rd employee 1st Nov 2018 - 31st July 2019
9 months

So job 1 will be employee 1 and 3 but you are short for 4 days with employee 2 so you would have to send Aug 2019 FPS also to make full 12 months for this job.

2nd Job/employee 2: 5th July 2018 - 4th June 2019 12 months

You need 2 full time jobs which lasted 12 months each.

Re: Urgent Question on Tier1 route to ILR

Posted: Tue Jan 01, 2019 7:40 pm
by bizman
Many thanks @Tier11417
The employee 1 however still did 130 hrs in July which was indicated in the payslip of the employee.

Re: Urgent Question on Tier1 route to ILR

Posted: Tue Jan 01, 2019 7:43 pm
by aman90
Thanks Aman90, from that immigration rule 319E it means my wife can apply the same time with me since the visa was issues before 11January, 2018.

That means NO.. recent 5 year period..date of entry...whenever all your dependants complete 5 years from the time they entered uk
Absences are not applicable to pbs dependants visa s issued before 11/1/18.
That doesn’t mean that they can enter whenever they feel like and be considered for ILR when main applicant is
..

Also since it is the same role for the employee that left and the replacement, then I just need twelve months of the job created.

Essentially yes! But ur employee started on 5th July.. ensure u cover that with the other employee

Please confirm I’m right Aman90

Thank you

Re: Urgent Question on Tier1 route to ILR

Posted: Tue Jan 01, 2019 7:47 pm
by aman90
bizman wrote:
Tue Jan 01, 2019 7:40 pm
Many thanks @Tier11417
The employee 1 however still did 130 hrs in July which was indicated in the payslip of the employee.
You may or may not get away with it. Are you willing to take the risk?

Re: Urgent Question on Tier1 route to ILR

Posted: Tue Jan 01, 2019 8:07 pm
by CULLINAN
bizman wrote:
Tue Jan 01, 2019 7:40 pm
Many thanks @Tier11417
The employee 1 however still did 130 hrs in July which was indicated in the payslip of the employee.
The employee start date and leave date would be on the FPS so i would not take the risk. Safest to send Aug 2019 FPS.

Your wife can only apply ILR in dec 2019.

You seem to have around 7 dependents. You will be spending a lot of money on the fees.

I know someone who being the main applicant applied first on his own (same situation as dependents visa was valid) and then once approved applied for dependents via super prioroty. He was worried God forbid if something goes wrong the whole fees goes down the drain. Thats huge sum of money so probably that is a smart move to do incase you get that option.

Re: Urgent Question on Tier1 route to ILR

Posted: Tue Jan 01, 2019 8:15 pm
by bizman
Many thanks @Aman90 and Tier11417. I really do appreciate.

Re: Urgent Question on Tier1 route to ILR

Posted: Tue Jan 01, 2019 8:17 pm
by bizman
It won’t be necessary to take any chance that can mess up a five years journey.