Tier 1 Ent to ILR - Set O help

[10020132]

Hi
This forum has always been helpful to me in all my applications so far. I would need some help this time again as my ILR is approaching

Q1
I got my Tier 1 Ent in 2013 and my wife joined me in 2014 so now her ILR is due in 2019. But when I apply my ILR in Jan 2018 will she still be filling the form of Tier1 Dependent to maintain her 5 year clock? Also, will she need yo provide the cohabitation proof at the time of extension or ILR or Never?

Q2
I had a son in 2015 born in UK. If I am planning to register him as British after my ILR then I can just do nothing for him now and once I have my ILR then I can register him straight away without him being classed as Overstayer? Is that correct?

Q3
I got penalised twice on motoring offence MS90 (failure to give the identity of driver). The offence belong to August & September 2015 but I moved between addresses so I didn't receive the notice and hence was convicted in court in Jan 2017. I recently checked my criminal record on PNCC and it came out as clear
Now, in the section of have you ever been convicted of criminal offence should I say Yes or No?
The reason why i am confised is I read in different places which sometimes says that if you have been convicted for whatever in court, thats a criminal offence where as at other places I have read that if something is not recorded on criminal records, then its fine as it was non-custodial sentence (6 points and a fine)

Q4
Even if I say a 'No' to Q3, should I declare this in any additional information page or not declare it at all?

[CR001]

Q1
I got my Tier 1 Ent in 2013 and my wife joined me in 2014 so now her ILR is due in 2019. But when I apply my ILR in Jan 2018 will she still be filling the form of Tier1 Dependent to maintain her 5 year clock? Also, will she need yo provide the cohabitation proof at the time of extension or ILR or Never?

Yes, she applies or continues on Tier 1 dependent. Yes, re 2 year cohab evidence.

Q2
I had a son in 2015 born in UK. If I am planning to register him as British after my ILR then I can just do nothing for him now and once I have my ILR then I can register him straight away without him being classed as Overstayer? Is that correct?

Correct. You can register him as British once you get ILR.

[10020132]

Thanks for your reply on Q1 & Q2

But can you clarify that for cohab evidence, does she needs to provide that at the time of extension or ILR?

[infinity_1106]

co-habitation evidence required at the time of ILR.

[marcnath]

Q2 - from an immigration point of view, you don't need to apply for a visa for your child. But rightfully you need a visa to use NHS services for your child. Refer indefinite-leave-to-remain/transitional ... l#p1576973
Q3 - my general rule for these things are - "when in doubt, err on the side of providing the information". The chances of it being discovered as part of HO checks is high and not giving the information can be considered as giving wrong/false information.

[10020132]

Thanks
And can someone please answer Q4 as well?

[marcnath]

Thanks
And can someone please answer Q4 as well?

If you do answer No to Q3, then my opinion is that you should provide the information as additional info anyway, for the same reason as my answer to Q3

[10020132]

Agreed. Thanks for your reply

Also, I know their is no income threshold for tier 1 ent as My team member even got extension with a loss but is there any minimum income which I should still show at time or ILR so as to not to fall under general grounds for refusal? I am thinking to show around £28k for myself
Will that be okay?

[marcnath]

Agreed. Thanks for your reply

Also, I know their is no income threshold for tier 1 ent as My team member even got extension with a loss but is there any minimum income which I should still show at time or ILR so as to not to fall under general grounds for refusal? I am thinking to show around £28k for myself
Will that be okay?

No, there is no minimum salary. However, at ILR, you need to show you will not be dependant on benefits. 28K should do well enough depending on your expenses.

[10020132]

Thanks for your response

I have a mortgage on my house. Will that be a plus point that I own something so wont go to benefits
Also, my wife is earning £11k as well. Should I Include that as well to strengthen it?

[marcnath]

Thanks for your response

I have a mortgage on my house. Will that be a plus point that I own something so wont go to benefits
Also, my wife is earning £11k as well. Should I Include that as well to strengthen it?

The ILR form does ask for all that information, so you will have to include it anyway. But I don't think this is something you need to worry about.

[10020132]

I filled my form yesterday. I didn't find a single place where it asked for my wife's income

Can you please help so that I can see if i have missed some page or section?

[10020132]

Also I needed a bit help in employment creation
I am Pre 2014 so I fall in Transitional arrangements

Employee A - 800 hours
Employee B - 1400 hours
Employee C - 1150 hours

This is above the required number of hours but I am finding it difficult to fill the table
Can someone please guide?

I filled it like

Job 1 - Employee A - 800 hours
Job 2- Employee B - 780 hours
Combine Job 1 & Job 2

Job 3- Employee B (again) - 620 hours
Job 4 - employee C - 1150 hours
Combine job 3 & job 4

Is that okay?

[10020132]

And the date the post was created should be the actual date of starting(which was before extension). Right?

[marcnath]

I filled my form yesterday. I didn't find a single place where it asked for my wife's income

Can you please help so that I can see if i have missed some page or section?

Did you fill in Section 5 ? Clause 5.6 can include your wife's income, though it is not mandatory.

[10020132]

I thought 5.6 is only for Tier 2 people and hence I left it blank

"5.6 You must complete all 5 of the boxes below if you are applying as a work permit holder, a Tier 2 (General), Tier 2 (Sports Person) or a Tier 2 (Intra company transfer) migrant (Your employer will be able to provide you with these details).
Please note that you may be required to meet a minimum earnings threshold of £35,000. More information on the minimum earnings threshold is available in the Tier 2 Policy Guidance."

[marcnath]

I thought 5.6 is only for Tier 2 people and hence I left it blank

"5.6 You must complete all 5 of the boxes below if you are applying as a work permit holder, a Tier 2 (General), Tier 2 (Sports Person) or a Tier 2 (Intra company transfer) migrant (Your employer will be able to provide you with these details).
Please note that you may be required to meet a minimum earnings threshold of £35,000. More information on the minimum earnings threshold is available in the Tier 2 Policy Guidance."

You are right. I was looking at an earlier version of the form. Section 5.6 of the old form is now 5.7 in the new one.

So, it is in 5.7 that you can put in your spouse income (at least that is where I did)

But in the new form, you can skip that entirely.

[10020132]

Ok. thanks
Thats correct. I can put it here. I thought that was irrelevant as well for some reason

Also can you confirm about the job creation part I mentioned above?
Thanks in advance

[10020132]

Also I needed a bit help in employment creation
I am Pre 2014 so I fall in Transitional arrangements

Employee A - 800 hours
Employee B - 1400 hours
Employee C - 1150 hours

This is above the required number of hours but I am finding it difficult to fill the table
Can someone please guide?

I filled it like

Job 1 - Employee A - 800 hours
Job 2- Employee B - 780 hours
Combine Job 1 & Job 2

Job 3- Employee B (again) - 620 hours
Job 4 - employee C - 1150 hours
Combine job 3 & job 4

Is that okay?

Can someone please help me with filling of employment tables?

[marcnath]

Also I needed a bit help in employment creation
I am Pre 2014 so I fall in Transitional arrangements

Employee A - 800 hours
Employee B - 1400 hours
Employee C - 1150 hours

This is above the required number of hours but I am finding it difficult to fill the table
Can someone please guide?

I filled it like

Job 1 - Employee A - 800 hours
Job 2- Employee B - 780 hours
Combine Job 1 & Job 2

Job 3- Employee B (again) - 620 hours
Job 4 - employee C - 1150 hours
Combine job 3 & job 4

Is that okay?

Can someone please help me with filling of employment tables?

Total hours is irrelevant. So, not sure which table you are trying to fill

[10020132]

Since I am pre April 2014 so I do fall under transitional arrangement and hence (I think) I have to create a total of 30*52=1560*2=3120 hours in total

And I am filling up the Job creation table on ILR form on page 42/43

[marcnath]

Since I am pre April 2014 so I do fall under transitional arrangement and hence (I think) I have to create a total of 30*52=1560*2=3120 hours in total

And I am filling up the Job creation table on ILR form on page 42/43

Pre or post April 2014, the rule has always been 24 months of FT work at 30 hrs/week. That form still only asks for dates, not total hours.

[10020132]

Ok thats correct
Let me rephrase my question

Since I being Pre2014, i can combine two part time jobs to make a full time job
Now, my question is that can i split the hours of one employee B and combine them individually with the hours of employee A & employee C to make one full time job?

Employee A worked for 40 weeks @20 hours per week
Employee B worked 70 weeks @20 hours per week
And employee C worked for 40 weeks (sometimes 20hrs per week & sometimes 30)

Now I want to clarify that i can combine some weeks of employee B with employee A to make one FT job and the other weeks of employee B with employee C to make another FT job
Will that be okay?

[10020132]

Anyone?

[marcnath]

Ok thats correct
Let me rephrase my question

Since I being Pre2014, i can combine two part time jobs to make a full time job
Now, my question is that can i split the hours of one employee B and combine them individually with the hours of employee A & employee C to make one full time job?

Employee A worked for 40 weeks @20 hours per week
Employee B worked 70 weeks @20 hours per week
And employee C worked for 40 weeks (sometimes 20hrs per week & sometimes 30)

Now I want to clarify that i can combine some weeks of employee B with employee A to make one FT job and the other weeks of employee B with employee C to make another FT job
Will that be okay?

There seems to be no easy way to combine these employees.

But from some other responses in this forum, the HO seems to have been quite flexible with this.

Having said that, I can't see how you would be able to reach the requirement with this in any combination.

You can only have a maximum of 30 hrs/week, so you need a total of 208 weeks of part time job. And you have only 150 weeks.