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Calculating Job Creation for ILR under Tier 1 Entrepreneur

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

KayOne
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Calculating 28 days Period for ILR with different T-1 Initial Grant Issue Date for Main Applicant and Dependant

Post by KayOne » Fri Jan 12, 2018 12:21 am

Dear All,

Could you please help confirm the ideal/appropriate date to apply for our ILR based on the timeline highlighted below?

For reason unbeknown to us, HO issued our (Main Applicant and Dependant) Tier-1 Entrepreneur Initial Grant with different Issue Dates.

Please see the timeline below:
Tier-1 Entrepreneur – Initial Grant
Main Applicant Start Date = 28th March 2013
Dependant Start Date = 17th April 2013*

Tier-1 Entrepreneur – Extension
Main Applicant Expiry Date = 19th April 2018
Dependant Expiry Date = 19th April 2018

Calculated ILR Application Date:
Main Applicant ILR Due Date = 28th February 2018?
Dependant ILR Due Date = 20th March 2018?

I look forward to your response and insights to this query.

Kind regards,
KayOne

NB: We transitioned from Post-Study visas to T-1.

vinny
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Re: Calculating 28 days Period for ILR with different T-1 Initial Grant Issue Date for Main Applicant and Dependant

Post by vinny » Fri Jan 12, 2018 12:43 am

Do you want to apply separately or together?

If together, then apply from 20 March 2018 and before the fee increases, expected on 6 April, 2018.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

KayOne
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Re: Calculating 28 days Period for ILR with different T-1 Initial Grant Issue Date for Main Applicant and Dependant

Post by KayOne » Fri Jan 12, 2018 7:07 am

Planning to apply together.

So 20th March is the ideal date to go for? Any reason, please?

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Re: Calculating 28 days Period for ILR with different T-1 Initial Grant Issue Date for Main Applicant and Dependant

Post by vinny » Fri Jan 12, 2018 7:25 am

It's no sooner than 28 days prior to the completion of both qualifying periods for ILR. Any date between 20 March 2018 and 5th April 2018 should be okay.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: Calculating 28 days Period for ILR with different T-1 Initial Grant Issue Date for Main Applicant and Dependant

Post by KayOne » Tue Jan 16, 2018 10:45 am

Thanks, Vinny.

KayOne
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Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by KayOne » Tue Jan 23, 2018 11:04 am

Dear Forum Members,

I need your help regarding how to calculate job creation to fulfil requirements for ILR.

I entered the route Pre-April 2014, so qualify to combine jobs.

Extension granted 19/04/16, so I'm planning to apply for ILR in March 2018.

Breakdown of jobs and employees below:
Job1:
Employee A (FT) - Start Date = 01/01/2015 and End Date = 29/12/2017

Job2:
Employee B (FT) - Start Date = 01/02/2015 and End Date = 30/12/2016

Employee C (FT) - Start Date = 02/01/2017 and End Date = 30/03/2017

Job1 is fine but my concern is regarding Job2. Do I have sufficient enough number of weeks for Job2? Or do I have to employ another settled person for Job2 to cover any gap? I'm currently scaling down as I'm diversifying my business but will gladly employ if required.

Please note that both Employees A and B were employed at the time of Extension.

Can I use the whole of April 2016 to start counting employment for Employee B under Job2?

Please help clarify.

Kind regards,
Kay

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CR001
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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by CR001 » Tue Jan 23, 2018 11:06 am

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

KayOne
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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by KayOne » Tue Jan 23, 2018 11:09 am

Noted, CR001! I'm a newbie, please forgive me :).

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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by CR001 » Tue Jan 23, 2018 12:00 pm

KayOne wrote:
Tue Jan 23, 2018 11:09 am
Noted, CR001! I'm a newbie, please forgive me :).
Clearly not a 'newbie'.

member/kunleoyewo/
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

KayOne
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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by KayOne » Tue Jan 23, 2018 12:53 pm

Fair enough! Thanks for deactivating the profile.

Have you got any view on my query, please?

Regards,
Kay

KayOne
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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by KayOne » Fri Jan 26, 2018 10:49 am

KayOne wrote:
Tue Jan 23, 2018 11:04 am
Dear Forum Members,

I need your help regarding how to calculate job creation to fulfil requirements for ILR.

I entered the route Pre-April 2014, so qualify to combine jobs.

Extension granted 19/04/16, so I'm planning to apply for ILR in March 2018.

Breakdown of jobs and employees below:
Job1:
Employee A (FT) - Start Date = 01/01/2015 and End Date = 29/12/2017

Job2:
Employee B (FT) - Start Date = 01/02/2015 and End Date = 30/12/2016

Employee C (FT) - Start Date = 02/01/2017 and End Date = 30/03/2017

Job1 is fine but my concern is regarding Job2. Do I have sufficient enough number of weeks for Job2? Or do I have to employ another settled person for Job2 to cover any gap? I'm currently scaling down as I'm diversifying my business but will gladly employ if required.

Please note that both Employees A and B were employed at the time of Extension.

Can I use the whole of April 2016 to start counting employment for Employee B under Job2?

Please help clarify.

Kind regards,
Kay
Can anyone please help with this query?

Thanks,
Kay

KayOne
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Posts: 21
Joined: Thu Jan 11, 2018 11:59 pm
United Kingdom

Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by KayOne » Fri Jan 26, 2018 10:49 am

KayOne wrote:
Tue Jan 23, 2018 11:04 am
Dear Forum Members,

I need your help regarding how to calculate job creation to fulfil requirements for ILR.

I entered the route Pre-April 2014, so qualify to combine jobs.

Extension granted 19/04/16, so I'm planning to apply for ILR in March 2018.

Breakdown of jobs and employees below:
Job1:
Employee A (FT) - Start Date = 01/01/2015 and End Date = 29/12/2017

Job2:
Employee B (FT) - Start Date = 01/02/2015 and End Date = 30/12/2016

Employee C (FT) - Start Date = 02/01/2017 and End Date = 30/03/2017

Job1 is fine but my concern is regarding Job2. Do I have sufficient enough number of weeks for Job2? Or do I have to employ another settled person for Job2 to cover any gap? I'm currently scaling down as I'm diversifying my business but will gladly employ if required.

Please note that both Employees A and B were employed at the time of Extension.

Can I use the whole of April 2016 to start counting employment for Employee B under Job2?

Please help clarify.

Kind regards,
Kay
Can anyone please help with this query?

Thanks,
Kay

ukbusiness2016
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Posts: 73
Joined: Wed May 18, 2016 12:18 pm
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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by ukbusiness2016 » Fri Jan 26, 2018 12:47 pm

KayOne wrote:
Fri Jan 26, 2018 10:49 am
KayOne wrote:
Tue Jan 23, 2018 11:04 am
Dear Forum Members,

I need your help regarding how to calculate job creation to fulfil requirements for ILR.

I entered the route Pre-April 2014, so qualify to combine jobs.

Extension granted 19/04/16, so I'm planning to apply for ILR in March 2018.

Breakdown of jobs and employees below:
Job1:
Employee A (FT) - Start Date = 01/01/2015 and End Date = 29/12/2017

Job2:
Employee B (FT) - Start Date = 01/02/2015 and End Date = 30/12/2016

Employee C (FT) - Start Date = 02/01/2017 and End Date = 30/03/2017

Job1 is fine but my concern is regarding Job2. Do I have sufficient enough number of weeks for Job2? Or do I have to employ another settled person for Job2 to cover any gap? I'm currently scaling down as I'm diversifying my business but will gladly employ if required.

Please note that both Employees A and B were employed at the time of Extension.

Can I use the whole of April 2016 to start counting employment for Employee B under Job2?

Please help clarify.

Kind regards,
Kay
Can anyone please help with this query?

Thanks,
Kay
Hi,

Can you confirm when did you get your extension?

I am assuming it was April 2016. If so,

Job 1 as you said is perfect, no concern here. It has existed for 21 months since your extension.

Job 2 has existed for only 9 months.

Ideally, pre 2014 you can combine jobs to form 24 months so it should not be a problem but if you want to really just secure yourself, hire someone in Job 2 for 3 months and you'll be good to go.

KayOne
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Posts: 21
Joined: Thu Jan 11, 2018 11:59 pm
United Kingdom

Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by KayOne » Fri Jan 26, 2018 1:05 pm

ukbusiness2016 wrote:
Fri Jan 26, 2018 12:47 pm
KayOne wrote:
Fri Jan 26, 2018 10:49 am
KayOne wrote:
Tue Jan 23, 2018 11:04 am
Dear Forum Members,

I need your help regarding how to calculate job creation to fulfil requirements for ILR.

I entered the route Pre-April 2014, so qualify to combine jobs.

Extension granted 19/04/16, so I'm planning to apply for ILR in March 2018.

Breakdown of jobs and employees below:
Job1:
Employee A (FT) - Start Date = 01/01/2015 and End Date = 29/12/2017

Job2:
Employee B (FT) - Start Date = 01/02/2015 and End Date = 30/12/2016

Employee C (FT) - Start Date = 02/01/2017 and End Date = 30/03/2017

Job1 is fine but my concern is regarding Job2. Do I have sufficient enough number of weeks for Job2? Or do I have to employ another settled person for Job2 to cover any gap? I'm currently scaling down as I'm diversifying my business but will gladly employ if required.

Please note that both Employees A and B were employed at the time of Extension.

Can I use the whole of April 2016 to start counting employment for Employee B under Job2?

Please help clarify.

Kind regards,
Kay
Can anyone please help with this query?

Thanks,
Kay
Hi,

Can you confirm when did you get your extension?

I am assuming it was April 2016. If so,

Job 1 as you said is perfect, no concern here. It has existed for 21 months since your extension.

Job 2 has existed for only 9 months.

Ideally, pre 2014 you can combine jobs to form 24 months so it should not be a problem but if you want to really just secure yourself, hire someone in Job 2 for 3 months and you'll be good to go.
Thanks.

Extension April 2016, yes.

There are two employees for Job2, one on my payroll long before extension but the 2nd one joined after extension. Can I not combine both employees for Job2 to attain the required weeks?

Regards,
Kay

ukbusiness2016
Junior Member
Posts: 73
Joined: Wed May 18, 2016 12:18 pm
United Kingdom

Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by ukbusiness2016 » Fri Jan 26, 2018 1:21 pm

KayOne wrote:
Fri Jan 26, 2018 1:05 pm
ukbusiness2016 wrote:
Fri Jan 26, 2018 12:47 pm
KayOne wrote:
Fri Jan 26, 2018 10:49 am
KayOne wrote:
Tue Jan 23, 2018 11:04 am
Dear Forum Members,

I need your help regarding how to calculate job creation to fulfil requirements for ILR.

I entered the route Pre-April 2014, so qualify to combine jobs.

Extension granted 19/04/16, so I'm planning to apply for ILR in March 2018.

Breakdown of jobs and employees below:
Job1:
Employee A (FT) - Start Date = 01/01/2015 and End Date = 29/12/2017

Job2:
Employee B (FT) - Start Date = 01/02/2015 and End Date = 30/12/2016

Employee C (FT) - Start Date = 02/01/2017 and End Date = 30/03/2017

Job1 is fine but my concern is regarding Job2. Do I have sufficient enough number of weeks for Job2? Or do I have to employ another settled person for Job2 to cover any gap? I'm currently scaling down as I'm diversifying my business but will gladly employ if required.

Please note that both Employees A and B were employed at the time of Extension.

Can I use the whole of April 2016 to start counting employment for Employee B under Job2?

Please help clarify.

Kind regards,
Kay
Can anyone please help with this query?

Thanks,
Kay
Hi,

Can you confirm when did you get your extension?

I am assuming it was April 2016. If so,

Job 1 as you said is perfect, no concern here. It has existed for 21 months since your extension.

Job 2 has existed for only 9 months.

Ideally, pre 2014 you can combine jobs to form 24 months so it should not be a problem but if you want to really just secure yourself, hire someone in Job 2 for 3 months and you'll be good to go.
Thanks.

Extension April 2016, yes.

There are two employees for Job2, one on my payroll long before extension but the 2nd one joined after extension. Can I not combine both employees for Job2 to attain the required weeks?

Regards,
Kay
No,

You need to show employment for 24 months between 2 employees after extension was granted. The duration during your initial grant cannot be counted.

KayOne
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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by KayOne » Fri Jan 26, 2018 2:26 pm

Hi,

Not sure you got my point. Job1 is fine with Employee A, which is clear.

However, for Job2 I would like to combine Employee B and C.

Are you saying this is not possible? Please note that I joined the scheme Pre-April 2014.

Regards,
Kay

ukbusiness2016
Junior Member
Posts: 73
Joined: Wed May 18, 2016 12:18 pm
United Kingdom

Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by ukbusiness2016 » Fri Jan 26, 2018 2:47 pm

KayOne wrote:
Fri Jan 26, 2018 2:26 pm
Hi,

Not sure you got my point. Job1 is fine with Employee A, which is clear.

However, for Job2 I would like to combine Employee B and C.

Are you saying this is not possible? Please note that I joined the scheme Pre-April 2014.

Regards,
Kay
Sorry I misunderstood your question.

Yes you can combine Employee B and C (Employee B from April 2016 onwards) for Job 2.

Which is how I reached the figure of 9 months to begin with :-)

KayOne
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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by KayOne » Fri Jan 26, 2018 3:08 pm

Thanks for the clarification :).

However, extension was granted 19th April, can i still count the whole of April for Employee B?

I was a bit unsure if the counting starts 01/04 or 19/04 (when the extension was granted).

Thanks for your help.

Kay

ukbusiness2016
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Posts: 73
Joined: Wed May 18, 2016 12:18 pm
United Kingdom

Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by ukbusiness2016 » Fri Jan 26, 2018 3:11 pm

KayOne wrote:
Fri Jan 26, 2018 3:08 pm
Thanks for the clarification :).

However, extension was granted 19th April, can i still count the whole of April for Employee B?

I was a bit unsure if the counting starts 01/04 or 19/04 (when the extension was granted).

Thanks for your help.

Kay
You can take the month into account its not a problem.

KayOne
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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by KayOne » Fri Jan 26, 2018 3:30 pm

Thank you!

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marcnath
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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by marcnath » Fri Jan 26, 2018 5:21 pm

KayOne wrote:
Fri Jan 26, 2018 3:08 pm
Thanks for the clarification :).

However, extension was granted 19th April, can i still count the whole of April for Employee B?

I was a bit unsure if the counting starts 01/04 or 19/04 (when the extension was granted).

Thanks for your help.

Kay
Counting starts from 19/04.

But, since you are pre-April 2014, you have absolutely no issues.

You just need 104 weeks of FT job and Job 1 gives you approximately 86 weeks. (20.5 months)

You only needed another 3.5 months, so Job 2 until end July 2016 already meets the requirements. The rest is extra. You have so much extra employment that I wonder what your concern was.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

KayOne
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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by KayOne » Fri Jan 26, 2018 6:31 pm

Thanks, Marcnath.

Interpreting these rules sometimes gets man confused :D.

So basically, I can combine as below:
Job1 - Employee A = 16 months
Job2 - Employee B = 8 months
Totalling required 24 months.

Or any combinations as I deemed fit?

Is that correct, please.

Kind regards,
Kay

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marcnath
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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by marcnath » Fri Jan 26, 2018 11:29 pm

KayOne wrote:
Fri Jan 26, 2018 6:31 pm
Thanks, Marcnath.

Interpreting these rules sometimes gets man confused :D.

So basically, I can combine as below:
Job1 - Employee A = 16 months
Job2 - Employee B = 8 months
Totalling required 24 months.

Or any combinations as I deemed fit?

Is that correct, please.

Kind regards,
Kay
Correct
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

waseem84
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India

Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by waseem84 » Thu Jul 05, 2018 1:06 pm

KayOne wrote:
Fri Jan 26, 2018 6:31 pm
Thanks, Marcnath.

Interpreting these rules sometimes gets man confused :D.

So basically, I can combine as below:
Job1 - Employee A = 16 months
Job2 - Employee B = 8 months
Totalling required 24 months.

Or any combinations as I deemed fit?

Is that correct, please.

Kind regards,
Kay
Congrays KayOne for your successfull ILR application .

In your time line you mentioned HO asked for bankstatement / Bank Letter .Did you not provide them with your application at first instance or they asked again?
Also did they ask these things by email or by sending Letter by post?

Thanks in advance

KayOne
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Re: Calculating Job Creation for ILR under Tier 1 Entrepreneur

Post by KayOne » Thu Jul 05, 2018 1:43 pm

waseem84 wrote:
Thu Jul 05, 2018 1:06 pm
KayOne wrote:
Fri Jan 26, 2018 6:31 pm
Thanks, Marcnath.

Interpreting these rules sometimes gets man confused :D.

So basically, I can combine as below:
Job1 - Employee A = 16 months
Job2 - Employee B = 8 months
Totalling required 24 months.

Or any combinations as I deemed fit?

Is that correct, please.

Kind regards,
Kay
Congrays KayOne for your successfull ILR application .

In your time line you mentioned HO asked for bankstatement / Bank Letter .Did you not provide them with your application at first instance or they asked again?
Also did they ask these things by email or by sending Letter by post?

Thanks in advance
Thanks, Waseem84. I actually didn't include Business Bank Statement and HMRC Corporation Tax letter, so they requested for them as evidence of Business Activity under Paragraph 48 of Appendix A.
Correspondence was via a letter received in the post.

Regards,
Kay

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