Immigrationboards.com

Dear members,

I am about to apply for ILR, please Kindly advise the following.

My case:

Main applicant:
SEP 2007 - MARCH 2011: Student visa
MAY 2011 : initial Tier1 ent visa granted
JUNE 2019 : current Tier1 ent visa expiry date

Spouse:
Since MAY 2011: dependent visa under Tier1 ent

Non UK born child:
Since FEB 2012: dependent visa under Tier1 ent

Q1:
If I apply for ILR based on LR, can dependents apply for ILR based on the 5years completion as PSB dependent on their own? (after searching the forum, all cases mentioned dependent without enough current leave to become eligible for settlement under LR, but what if they got enough). if yes, make applications all at the same time? if no, dependents will switch to FLR(M) leave, when should they make the application?

Q2:
If the ILR application under the 5years route with all dependents was refused, what would be the options?

Q3:
I’m confident with both applications, is LR the safer and better choice in my case?

Many thanks

Q1:
If I apply for ILR based on LR, can dependents apply for ILR based on the 5years completion as PSB dependent on their own? (after searching the forum, all cases mentioned dependent without enough current leave to become eligible for settlement under LR, but what if they got enough). if yes, make applications all at the same time? if no, dependents will switch to FLR(M) leave, when should they make the application?

No they cannot. They will have to switch to FLR(M) spouse/child visas which will reset their 5 year ILR residence clock to zero (2 x 2.5 year visas). Not what topics you are searching, but if you apply for ILR based on long residence, there is no option but for them to switch to FLR(M), ideally they should apply AFTER you are granted ILR and before their current visas expire.

Q2:
If the ILR application under the 5years route with all dependents was refused, what would be the options?

It depends if you still have a valid visa at the time of refusal.

CR001 wrote: ↑

Thu Mar 21, 2019 1:08 pm

Q1:
If I apply for ILR based on LR, can dependents apply for ILR based on the 5years completion as PSB dependent on their own? (after searching the forum, all cases mentioned dependent without enough current leave to become eligible for settlement under LR, but what if they got enough). if yes, make applications all at the same time? if no, dependents will switch to FLR(M) leave, when should they make the application?

No they cannot. They will have to switch to FLR(M) spouse/child visas which will reset their 5 year ILR residence clock to zero (2 x 2.5 year visas). Not what topics you are searching, but if you apply for ILR based on long residence, there is no option but for them to switch to FLR(M), ideally they should apply AFTER you are granted ILR and before their current visas expire.

Q2:
If the ILR application under the 5years route with all dependents was refused, what would be the options?

It depends if you still have a valid visa at the time of refusal.

CR001 Thanks for your swift reply.

what if the visa expired at the time of ILR refusal? AR option? refresh settlement application under Tier1 ent 5year? or still eligible for LR?

It depends on the reasons for refusal. There are no appeal rights for PBS applications and ILR, you only get AR.

CR001 wrote: ↑

Thu Mar 21, 2019 3:33 pm

It depends on the reasons for refusal. There are no appeal rights for PBS applications and ILR, you only get AR.

Hi CR001

I meant if our ILR refused under ent 5years and visa expired, AR refused also, then we'll become overstayers, but will there be 14days given to make another application like LR?

Many thanks

Dear

please kindly help to check the below job creation :

initial grant: MAY 2011
Ext: JUNE 2017

Job 1: FT
Emp A = 01/07/17 - 05/01/18
6 months, 26 weeks, more than 30 hours/week

Job 2: FT
Emp B = 12/07/17 - 31/03/18
8 months , 36 weeks, more than 30 hours/week

Job 3: FT
Emp C = 26/02/18 - 31/01/19
11 months , 48 weeks, more than 30 hours/week

Job 4: FT
Emp D = 09/01/19 - 28/02/19
2 months, 7 weeks, more than 30 hours/week

RTI-FPS JULY 17 - FEB 19

total around 117weeks and 27 months of employment with over 4000hours

Dear moderators,

It's a bit confused while filling in the online form,it says ' The job must exist for at least 12 month', all my jobs are the same title sals manager, only emp D is still working.

please advise I should list all 4 employees as 4 separate job or list into 2 jobs as job1(emp A + B=14months) and job2 (emp C + D =13months)

your help will be much appreciated!

dream2z wrote: ↑

Fri Mar 22, 2019 1:22 pm

please kindly help to check the below job creation :

initial grant: MAY 2011
Ext: JUNE 2017

Job 1: FT
Emp A = 01/07/17 - 05/01/18
6 months, 26 weeks, more than 30 hours/week

Job 2: FT
Emp B = 12/07/17 - 31/03/18
8 months , 36 weeks, more than 30 hours/week

Job 3: FT
Emp C = 26/02/18 - 31/01/19
11 months , 48 weeks, more than 30 hours/week

Job 4: FT
Emp D = 09/01/19 - 28/02/19
2 months, 7 weeks, more than 30 hours/week

RTI-FPS JULY 17 - FEB 19

total around 117weeks and 27 months of employment with over 4000hours

What date you plan to apply?

tier11417 wrote: ↑

Fri Mar 22, 2019 4:43 pm

What date you plan to apply?

hi tier11417
hopefully next week sumitted

dream2z wrote: ↑

Fri Mar 22, 2019 4:20 pm

Dear moderators,

It's a bit confused while filling in the online form,it says ' The job must exist for at least 12 month', all my jobs are the same title sals manager, only emp D is still working.

please advise I should list all 4 employees as 4 separate job or list into 2 jobs as job1(emp A + B=14months) and job2 (emp C + D =13months)

your help will be much appreciated!

dream2z wrote: ↑

Fri Mar 22, 2019 1:22 pm

please kindly help to check the below job creation :

initial grant: MAY 2011
Ext: JUNE 2017

Job 1: FT
Emp A = 01/07/17 - 05/01/18
6 months, 26 weeks, more than 30 hours/week

Job 2: FT
Emp B = 12/07/17 - 31/03/18
8 months , 36 weeks, more than 30 hours/week

Job 3: FT
Emp C = 26/02/18 - 31/01/19
11 months , 48 weeks, more than 30 hours/week

Job 4: FT
Emp D = 09/01/19 - 28/02/19
2 months, 7 weeks, more than 30 hours/week

RTI-FPS JULY 17 - FEB 19

total around 117weeks and 27 months of employment with over 4000hours

As you said you are applying next week i.e. you can benefit from transitional arrangements ONLY if you apply before 6th April 2019. The online form does NOT cater for transitional arrangements soley because they are ending soon and states that each job should exist for 12 months each. Just ignore that.

You said all your employees have same title i.e. sales assistant.

You should list all your employees as separate job titles. For example Sales assisstant 1, Sales assisstant 2, Sales assisstant 3 and so on..... (dont worry about then existing for less than 12 months each as you are relying on transitional arrangements)

All you need is 104 weeks or 24 months of FT employment 30 hours/week after extension.

thanks again tier11417! so are the jobs listed above ok?

dream2z wrote: ↑

Sat Mar 23, 2019 11:53 pm

thanks again tier11417! so are the jobs listed above ok?

Yes but differentiate the jobs like Sales Assisstant 1, Sales Assisstant 2 and so on when listing them. Dont just put Sales Assisstant for all.

tier11417 wrote: ↑

Sun Mar 24, 2019 2:55 am

dream2z wrote: ↑

Sat Mar 23, 2019 11:53 pm

thanks again tier11417! so are the jobs listed above ok?

Yes but differentiate the jobs like Sales Assisstant 1, Sales Assisstant 2 and so on when listing them. Dont just put Sales Assisstant for all.

hi tier11417 thanks for your kind reminder.

my last extension was refused but then overturned at AR, do you know if it be should disclosed in question ' details of immigration problem'?

dream2z wrote: ↑

Tue Mar 26, 2019 3:10 pm

tier11417 wrote: ↑

Sun Mar 24, 2019 2:55 am

dream2z wrote: ↑

Sat Mar 23, 2019 11:53 pm

thanks again tier11417! so are the jobs listed above ok?

Yes but differentiate the jobs like Sales Assisstant 1, Sales Assisstant 2 and so on when listing them. Dont just put Sales Assisstant for all.

hi tier11417 thanks for your kind reminder.

my last extension was refused but then overturned at AR, do you know if it be should disclosed in question ' details of immigration problem'?

Declare it and state in was overturned in AR.

Hi Moderators,

one of my employees worked 206hours in Nov 2017, the rest of claimed months are between 140 to 200hours, and I checked that by law

"You can’t work more than 48 hours a week on average - normally averaged over 17 weeks."
"Average working hours are calculated over a ‘reference’ period, normally 17 weeks.
This means you can work more than 48 hours one week, as long as the average over 17 weeks is less than 48 hours a week."

1. Please kindly advise if I should have an opt-out agreement for that employee?

2. employee's name is A B C , but accidentally my accountant enrolled it as AB C, joined first name and middle name as a word, should I ask for a letter from accountant to declare about it?

3. what are the chances that application will be refused, when having a caution(more than 24months ago) and a cilvl penalty(payment made more than 24months ago)

It'll be really appreciated if anyone could kindly advise the above concerns.