Transitional Arrangements Tier 1E ILR

[Adilj]

Dear Marcnath,
Just a question in relation to this.

Tier 1 ent pre April 2014

Can the applicant meet job creation if he has 4 full time employments for 5 months.

As I'm confused as everywhere in the policy it says job should exist for atleast 12 months.

Thanks

[marcnath]

Dear Marcnath,
Just a question in relation to this.

Tier 1 ent pre April 2014

Can the applicant meet job creation if he has 4 full time employments for 5 months.

As I'm confused as everywhere in the policy it says job should exist for atleast 12 months.

Thanks

If you are pre April 2014 and you are applying for extension/settlement before April 2019, then the job does not need to exist for 12 months.
However, 4 FT job for 5 months is onlky 20 months and you need 24 months of job creation.

[Adilj]

Thank you Mr Marcnath for your valuable input. In regards to the scenario I need further help

Initial visa granted : july 2012
1st Extension : Aug 2015
2nd extension again as advised by you ( due to breaking continuous residency ) : Sep 2017

Now thinking apply for ILR with transnational arrangements I.e 6months of 4 FT employees which would be in April 2018.

I had a baby in November. I am just confused and have lack of information whether I have to apply for baby visa or I need sort out my ILR first.

I would be very grateful if you can resolve this query.

Thank you in advance

[marcnath]

Thank you Mr Marcnath for your valuable input. In regards to the scenario I need further help

Initial visa granted : july 2012
1st Extension : Aug 2015
2nd extension again as advised by you ( due to breaking continuous residency ) : Sep 2017

Now thinking apply for ILR with transnational arrangements I.e 6months of 4 FT employees which would be in April 2018.

I had a baby in November. I am just confused and have lack of information whether I have to apply for baby visa or I need sort out my ILR first.

I would be very grateful if you can resolve this query.

Thank you in advance

Assuming your baby was born in UK, there is no need to apply for a Visa if you plan to apply for citizenship for the baby once you get the ILR.
Note that NHS is free for your baby for only three months. After that, you may have to pay for any medical services used. I am not clear if and how the clinic/hospital will charge you, but you need to be prepared for that.
The alternative is to apply for a visa for your baby (need to get passport first) and pay the IHS during the Visa application

[Momi]

Thank you Mr Marcnath for your valuable input. In regards to the scenario I need further help

Initial visa granted : july 2012
1st Extension : Aug 2015
2nd extension again as advised by you ( due to breaking continuous residency ) : Sep 2017

Now thinking apply for ILR with transnational arrangements I.e 6months of 4 FT employees which would be in April 2018.

I had a baby in November. I am just confused and have lack of information whether I have to apply for baby visa or I need sort out my ILR first.

I would be very grateful if you can resolve this query.

Thank you in advance

Assuming your baby was born in UK, there is no need to apply for a Visa if you plan to apply for citizenship for the baby once you get the ILR.
Note that NHS is free for your baby for only three months. After that, you may have to pay for any medical services used. I am not clear if and how the clinic/hospital will charge you, but you need to be prepared for that.
The alternative is to apply for a visa for your baby (need to get passport first) and pay the IHS during the Visa application

Do you have a link about baby medical services charges?
My daughter was born after I applied for extension but I do have her birth certificate.
I never been asked for any charges.
There are 1000's of people whose babies were born during their extension. I have never heard that they are paying any charges.

[marcnath]

http://www.legislation.gov.uk/uksi/2015/238/made
Look at clause 25.

[Momi]

http://www.legislation.gov.uk/uksi/2015/238/made
Look at clause 25.

This is for visitors not point base system immigrants.
I think you misunderstood that.
If that's the case then can't take our kid to GP when they sick because nhs charges are huge.
They charge £1000+ for only one visit to overseas visitors.
Friend of mine mother came on visit visa last year and she fall ill. She spent 5 days in hospital and nhs sent a bill of £35k.

[Momi]

@obie, Zimba and other moderators, you thoughts please?

[marcnath]

http://www.legislation.gov.uk/uksi/2015/238/made
Look at clause 25.

This is for visitors not point base system immigrants.
I think you misunderstood that.
If that's the case then can't take our kid to GP when they sick because nhs charges are huge.
They charge £1000+ for only one visit to overseas visitors.
Friend of mine mother came on visit visa last year and she fall ill. She spent 5 days in hospital and nhs sent a bill of £35k.

The regulations I posted refer to those who are not "ordinarily resident".

PBS Visa holders are ordinarily resident. Question is whether their children born in the UK are.

Check Pg 12/13 of https://www.gov.uk/government/uploads/s ... ctober.pdf
It does specifically say

A child born in the UK to an above mentioned exempt person is also exempt from charge up to the age of three months provided that the child has not left the UK since birth.

The "above mentioned" referring to non-EEA nationals who have paid the NHS surchage.

It appears to be clear that the intention is that children to PBS visa holders are not exempt beyond three months.
What I am still not clear about is whether NHS has any means of actually identifying and charging in these cases.

[Adilj]

Background : Initial Tier 1 visa : July 2012
1st extension : Aug 2015
2nd extension : Aug 2017 -*due to broken continuous residency in 2012 about 200 days


Intention is to Apply for settlement


There are three possible scenarios

1. Apply in January 2018 under 10 Years long residency however broken continuous residency in
2012

2. Apply in March 2018 under tier 1 5 year route : confused if job creation can be met as it’s only 6 month

3. Apply in Aug 2018 , just need to provide evidence job creation for 12 months


Baby born in Nov 2017 , should include in settlement or apply visa now or wait for ILR ?

Please advice which scenario is more favourable.

Thanking in anticipation

[marcnath]

http://www.legislation.gov.uk/uksi/2015/238/made
Look at clause 25.

This is for visitors not point base system immigrants.
I think you misunderstood that.
If that's the case then can't take our kid to GP when they sick because nhs charges are huge.
They charge £1000+ for only one visit to overseas visitors.
Friend of mine mother came on visit visa last year and she fall ill. She spent 5 days in hospital and nhs sent a bill of £35k.

The regulations I posted refer to those who are not "ordinarily resident".

PBS Visa holders are ordinarily resident. Question is whether their children born in the UK are.

Check Pg 12/13 of https://www.gov.uk/government/uploads/s ... ctober.pdf
It does specifically say

A child born in the UK to an above mentioned exempt person is also exempt from charge up to the age of three months provided that the child has not left the UK since birth.

The "above mentioned" referring to non-EEA nationals who have paid the NHS surchage.

It appears to be clear that the intention is that children to PBS visa holders are not exempt beyond three months.
What I am still not clear about is whether NHS has any means of actually identifying and charging in these cases.

A correction to what I posted - For non-EEA citizens, only people with ILR are considered Ordinarily resident for NHS purposes. All others (including PBS immigrants) are overseas visitors and therefore subject to the regulations I listed and have to pay the IHS or be charged for using NHS services.

[marcnath]

http://www.legislation.gov.uk/uksi/2015/238/made
Look at clause 25.

This is for visitors not point base system immigrants.
I think you misunderstood that.
If that's the case then can't take our kid to GP when they sick because nhs charges are huge.
They charge £1000+ for only one visit to overseas visitors.
Friend of mine mother came on visit visa last year and she fall ill. She spent 5 days in hospital and nhs sent a bill of £35k.

The regulations I posted refer to those who are not "ordinarily resident".

PBS Visa holders are ordinarily resident. Question is whether their children born in the UK are.

Check Pg 12/13 of https://www.gov.uk/government/uploads/s ... ctober.pdf
It does specifically say

A child born in the UK to an above mentioned exempt person is also exempt from charge up to the age of three months provided that the child has not left the UK since birth.

The "above mentioned" referring to non-EEA nationals who have paid the NHS surchage.

It appears to be clear that the intention is that children to PBS visa holders are not exempt beyond three months.
What I am still not clear about is whether NHS has any means of actually identifying and charging in these cases.

A correction to what I posted - For non-EEA citizens, only people with ILR are considered Ordinarily resident for NHS purposes. All others (including PBS immigrants) are overseas visitors and therefore subject to the regulations I listed and have to pay the IHS or be charged for using NHS services.

Additionally note Clause 5.14 in the Guidance
5.14 A child born to a person who is exempt from charges under Regulation 10 or 11 will also be exempt from charges while they are aged three months or younger provided that the child has not left the UK since birth. Parents should ensure that they regularise their child’s immigration status in the UK during this three-month period, which may include the parent paying the health surcharge on their child’s behalf. If the parent does not regularise their child’s status, they will be liable for any charges for treatment provided to the child after the three-month period.

[Momi]

This is for visitors not point base system immigrants.
I think you misunderstood that.
If that's the case then can't take our kid to GP when they sick because nhs charges are huge.
They charge £1000+ for only one visit to overseas visitors.
Friend of mine mother came on visit visa last year and she fall ill. She spent 5 days in hospital and nhs sent a bill of £35k.

The regulations I posted refer to those who are not "ordinarily resident".

PBS Visa holders are ordinarily resident. Question is whether their children born in the UK are.

Check Pg 12/13 of https://www.gov.uk/government/uploads/s ... ctober.pdf
It does specifically say

A child born in the UK to an above mentioned exempt person is also exempt from charge up to the age of three months provided that the child has not left the UK since birth.

The "above mentioned" referring to non-EEA nationals who have paid the NHS surchage.

It appears to be clear that the intention is that children to PBS visa holders are not exempt beyond three months.
What I am still not clear about is whether NHS has any means of actually identifying and charging in these cases.

A correction to what I posted - For non-EEA citizens, only people with ILR are considered Ordinarily resident for NHS purposes. All others (including PBS immigrants) are overseas visitors and therefore subject to the regulations I listed and have to pay the IHS or be charged for using NHS services.

Additionally note Clause 5.14 in the Guidance
5.14 A child born to a person who is exempt from charges under Regulation 10 or 11 will also be exempt from charges while they are aged three months or younger provided that the child has not left the UK since birth. Parents should ensure that they regularise their child’s immigration status in the UK during this three-month period, which may include the parent paying the health surcharge on their child’s behalf. If the parent does not regularise their child’s status, they will be liable for any charges for treatment provided to the child after the three-month period.

But what will happen in our cases when our passports are with home office for extension and baby doesn't have any other ID except birth certificate. How we will be liable when home office is taking ages to make decisions.
We can't get baby's passport without our passport as well.
Is there any way to just pay IHS charges for baby?
Medical insurance?
My ILR is due in next 9 months though.
It's stupid law, if it really exists then I know few people whose passport is with home office for last 3 years. They will be paying £300k+ for their child treatment.

[marcnath]

But what will happen in our cases when our passports are with home office for extension and baby doesn't have any other ID except birth certificate. How we will be liable when home office is taking ages to make decisions.
We can't get baby's passport without our passport as well.
Is there any way to just pay IHS charges for baby?
Medical insurance?
My ILR is due in next 9 months though.
It's stupid law, if it really exists then I know few people whose passport is with home office for last 3 years. They will be paying £300k+ for their child treatment.

It is the law, whether it is stupid or not. What is really unreasonable is holding the passports when the processing is going on for so long.
Having said that, you should be able to get your passports back for registering your child's passport - so that will not be an excuse you can use.
And I agree this is not well known amongst the visa holders. More importantly, I think the GP clinics are not aware of it either. There are a number of people in this forum who have applied for visa for the children while awaiting ILR. I am quite sure most of them have been to a doctor and so far I haven't come across anyone in this forum at least who has complained of being charged by NHS - not sure why. Maybe their implementation has been imperfect for this case.

[Momi]

But what will happen in our cases when our passports are with home office for extension and baby doesn't have any other ID except birth certificate. How we will be liable when home office is taking ages to make decisions.
We can't get baby's passport without our passport as well.
Is there any way to just pay IHS charges for baby?
Medical insurance?
My ILR is due in next 9 months though.
It's stupid law, if it really exists then I know few people whose passport is with home office for last 3 years. They will be paying £300k+ for their child treatment.

It is the law, whether it is stupid or not. What is really unreasonable is holding the passports when the processing is going on for so long.
Having said that, you should be able to get your passports back for registering your child's passport - so that will not be an excuse you can use.
And I agree this is not well known amongst the visa holders. More importantly, I think the GP clinics are not aware of it either. There are a number of people in this forum who have applied for visa for the children while awaiting ILR. I am quite sure most of them have been to a doctor and so far I haven't come across anyone in this forum at least who has complained of being charged by NHS - not sure why. Maybe their implementation has been imperfect for this case.

I tell you one thing most of the immigration experts don't know about this rule.
I know many entrepreneurs and other categories visa holders as well who couldn't get chance to apply for their baby's visa.
Friend of mine boy was born 6 weeks before his visa expire and process to get ID card and passport is more than 12 weeks.
Our GP never asked us for visa but they asked us only for valid passports when I register couple of years ago.
I don't know how it will work though and how they will identify the individuals.

[ishfaqsangra]

I can tell you one thing that GP practices have not been given any guidance on these charges at all by their commissioning organizations and Nor would they easily accept that.They are bound to register anyone in their catchment area even if they have no identity or no proof of address.They can only report a fraud later on if they have any solid evidence. (Very rarely)
Hospitals have the managers for this and they dont do these checks anyway (although they do ask sometime especially for first outpatient in maternity.

Regards