Help needed for Ent to ILR (Set O)

[Mak9878]

Hi admin, seniors and others,

My 1st application was submitted in March 2014, and approval came in end of March 2014 but biometric got delayed till mid of April 2014.

Therefore I think that I come into pre-april 2014 rule.

I applied for extension in March 2017 and got approved in first week of June 2017 with last 12 month of 2 full time employment.

Now I think I can apply for ILR on 5 years basis on entrepreneur route including extension waiting in March 2019.

But my 2 full time employees have started working since last grant of visa as 2 part time.

My questions are from seniors gurus:

1) So does it make any problem if I show continuous 24 months of 2 part time (20hrs per week) employment from last grant of visa (1st week of June 2017 till end of May 2019) in light of new policies effective from 11-Jan-2018 and coming up policies in March-2019?

2) Do i need to show mandatory only last 12 month full time employment upto visa ending 1st week of June 2019?

3)Do i need to show net creation increment in jobs? Means 2 employees to 3 or 4 employees.

Waiting for your valuable suggestions. Thanks

[marcnath]

Hi admin, seniors and others,

My 1st application was submitted in March 2014, and approval came in end of March 2014 but biometric got delayed till mid of April 2014.

Therefore I think that I come into pre-april 2014 rule.

Yes, you are pre-April 2014. The transitional rules are applied based on the date of application, not when it is granted, when you entered or when you got your BRP.

Now I think I can apply for ILR on 5 years basis on entrepreneur route including extension waiting in March 2019.

Correct.

But my 2 full time employees have started working since last grant of visa as 2 part time.

My questions are from seniors gurus:

1) So does it make any problem if I show continuous 24 months of 2 part time (20hrs per week) employment from last grant of visa (1st week of June 2017 till end of May 2019) in light of new policies effective from 11-Jan-2018 and coming up policies in March-2019?

This is a bit of a grey area, but I think it will be a problem.
Since you will no longer be able to rely on the transitional arrangements, you need 2 FT equivalent jobs, each lasting for 12 months.
You can use PT jobs to make up 1 FT equivalent, but each part time job should last 12 months also.
So, my interpretation is that if you have two jobs of 24 months, it will only count as 1 FT equivalent job. Which means you will be short of 1 job.

2) Do i need to show mandatory only last 12 month full time employment upto visa ending 1st week of June 2019?

No

3)Do i need to show net creation increment in jobs? Means 2 employees to 3 or 4 employees.

No

It is good that you are already starting to think about this.

Since you qualify for your ILR in March 2019, you should try and apply before April 2019 to benefit from the transitional arrangements. If your two employees go full time for a couple of months, you will possibly meet the Job creation requirement by April.

[Mak9878]

Hi admin, seniors and others,

My 1st application was submitted in March 2014, and approval came in end of March 2014 but biometric got delayed till mid of April 2014.

Therefore I think that I come into pre-april 2014 rule.

Yes, you are pre-April 2014. The transitional rules are applied based on the date of application, not when it is granted, when you entered or when you got your BRP.

Now I think I can apply for ILR on 5 years basis on entrepreneur route including extension waiting in March 2019.

Correct.

But my 2 full time employees have started working since last grant of visa as 2 part time.

My questions are from seniors gurus:

1) So does it make any problem if I show continuous 24 months of 2 part time (20hrs per week) employment from last grant of visa (1st week of June 2017 till end of May 2019) in light of new policies effective from 11-Jan-2018 and coming up policies in March-2019?

This is a bit of a grey area, but I think it will be a problem.
Since you will no longer be able to rely on the transitional arrangements, you need 2 FT equivalent jobs, each lasting for 12 months.
You can use PT jobs to make up 1 FT equivalent, but each part time job should last 12 months also.
So, my interpretation is that if you have two jobs of 24 months, it will only count as 1 FT equivalent job. Which means you will be short of 1 job.

2) Do i need to show mandatory only last 12 month full time employment upto visa ending 1st week of June 2019?

No

3)Do i need to show net creation increment in jobs? Means 2 employees to 3 or 4 employees.

No

It is good that you are already starting to think about this.

Since you qualify for your ILR in March 2019, you should try and apply before April 2019 to benefit from the transitional arrangements. If your two employees go full time for a couple of months, you will possibly meet the Job creation requirement by April.

Thanks Marcnath for your prompt reply.

But i dont need transitional arrangement because my both part time workers have different job titles.

If one part time worker works x 24 month is counted 1 full time job, isn't it?

So in the same way my two part time worker works x 24 months with different job titles and hopefully they will work till 24 months. Will not that be counted two full time jobs?

Waiting for your reply anxiously on that?

[marcnath]

Thanks Marcnath for your prompt reply.

But i dont need transitional arrangement because my both part time workers have different job.

If one part time worker works x 24 month is counted 1 full time job, isn't it?

So in the same way my two part time worker have different job title and hopefully they will work till 24 months. Will not that be counted two full time jobs?

Waiting for your reply anxiously on that?

That is a tough one to answer.

The immigration rules are quite clear that you can COMBINE 2 or more jobs to make a FT job.

Section 49 (b) states:
(b) “The equivalent of” a full time job means two or more part time jobs that add up to 30 hours per week, if each of the jobs exist for at least 12 months.

So, as per my interpretation, one PT job of 24 months is not the "equivalent of" 1 FT job.

Even though this section has always been that way, HO has previously treated a 24 month PT as 1 FT.

But I suspect that is because of the transitional rules and I am expecting HO to not allow that any more - but that is just my guess.

[Mak9878]

Thanks Marcnath for ur prompt reply and appreciate that.

But i u look into the the rule u have mentioned.
2xpart time with different job title work atleast 12 months are equivalent to 1 full time job.

If those same employees work atleast 12 month more..that should be counted 2nd job.

Same as 1 full time worker working 24 months create 2 jobs.

My solicitor has managed to get ILR on 3xpart time (20 hrs) workers continuosly for 12 months on transitional rule by meeting 3120 hours in past.

What do u think about this?

Would appreciate reply from other seniors likes of zimba and successful applicants on same scenerio

Waiting for your reply anxiously. Thanks

[marcnath]

Thanks Marcnath for ur prompt reply and appreciate that.

But i u look into the the rule u have mentioned.
2xpart time with different job title work atleast 12 months are equivalent to 1 full time job.

If those same employees work atleast 12 month more..that should be counted 2nd job.

Same as 1 full time worker working 24 months create 2 jobs.

My solicitor has managed to get ILR on 3xpart time (20 hrs) workers continuosly for 12 months on transitional rule by meeting 3120 hours in past.

What do u think about this?

Would appreciate reply from other seniors likes of zimba and successful applicants on same scenerio

Waiting for your reply anxiously. Thanks

Under transitional rules, you are ok. And the case you quoted from the solicitor would have been under pre-April 2014 rules also.

But Transitional rules end April 2019, which is why I mentioned you should try to apply before that.

"Same as 1 full time worker working 24 months create 2 jobs." ==> This was only valid under the old rules, not for post April 2014. Post April 2014, one job of 24 months is only 1 Job, not 2.

Note that I changed your "worker" to job.

You might be able to claim that the same worker did one job (e.g. admin manager) for 12 months and a second job ( e.g. marketing manager) for the remaining 12 months. Strictly, as per immigration rules, you would have created two jobs - but I suspect HO will not easily accept that argument.

[Mak9878]

Under transitional rules, you are ok. And the case you quoted from the solicitor would have been under pre-April 2014 rules also.

But Transitional rules end April 2019, which is why I mentioned you should try to apply before that.

"Same as 1 full time worker working 24 months create 2 jobs." ==> This was only valid under the old rules, not for post April 2014. Post April 2014, one job of 24 months is only 1 Job, not 2.

Note that I changed your "worker" to job.

You might be able to claim that the same worker did one job (e.g. admin manager) for 12 months and a second job ( e.g. marketing manager) for the remaining 12 months. Strictly, as per immigration rules, you would have created two jobs - but I suspect HO will not easily accept that argument.

Thanks Marcnath for your reply. I m thinking to put someone full time now and combine 2 existing part time jobs for previous 12 month (ilr due march 2019)

One more question is regarding Tier 1 ent dependent (outside country first time clearance).. I did ask in in tier 1 ent section but got no answer..

Could u plz look at below link and am i right with documents?

uk-tier-1-entrepreneur-visas/urgent-hel ... 24-80.html

One more thing to add in question, i have been away from uk for 1 month 10 days, does it increase maintainance funds for dependent as I am not continuously living for continuosly 12 month?

Thanks Marcnath for your valuable input on this matter.

May God bless you..

[Mak9878]

Thanks Marcnath for ur prompt reply and appreciate that.

But i u look into the the rule u have mentioned.
2xpart time with different job title work atleast 12 months are equivalent to 1 full time job.

If those same employees work atleast 12 month more..that should be counted 2nd job.

Same as 1 full time worker working 24 months create 2 jobs.

My solicitor has managed to get ILR on 3xpart time (20 hrs) workers continuosly for 12 months on transitional rule by meeting 3120 hours in past.

What do u think about this?

Would appreciate reply from other seniors likes of zimba and successful applicants on same scenerio

Waiting for your reply anxiously. Thanks

Under transitional rules, you are ok. And the case you quoted from the solicitor would have been under pre-April 2014 rules also.

But Transitional rules end April 2019, which is why I mentioned you should try to apply before that.

"Same as 1 full time worker working 24 months create 2 jobs." ==> This was only valid under the old rules, not for post April 2014. Post April 2014, one job of 24 months is only 1 Job, not 2.

Note that I changed your "worker" to job.

You might be able to claim that the same worker did one job (e.g. admin manager) for 12 months and a second job ( e.g. marketing manager) for the remaining 12 months. Strictly, as per immigration rules, you would have created two jobs - but I suspect HO will not easily accept that argument.

Hi Marcnath,

Hope you are at best of your health. Waiting for your reply on above query..

Thanks

[marcnath]

One more thing to add in question, i have been away from uk for 1 month 10 days, does it increase maintainance funds for dependent as I am not continuously living for continuosly 12 month?

There is no "continuous leave" for deciding the maintenance funds, so the answer is no.

[Mak9878]

Thanks Marcnath for clarifying this.

So that means maintenance fund for dependent remain same £630.

Sorry to bother u more, one quick question regarding job creation as follows:

I will combine my two part time worker from june 2017 to May 2018 as for one job as they exist atleast 12 month with different job titles. But one worker did 25 hours a week just one month and later then he asked to work 20 hours a week for rest of months till May 2018. Does this matter?

Now my question is, if i request both part time employees to go full time if they wish as before from June 2018 for 6 months both till November 2018.

Will that be counted second job with their original job titles which were on part time in accordance to transitional (pre-april 2014 rules)? OR does both full time has to exist atleast 12 months?

Thanks for your time...really appreciated

[marcnath]

1. 25 hrs for one month and 20 hrs for the rest does not matter.
2. Since you are under transitional arrangements, that works. All you need is a total of 104 weeks of FT equivalent.

[Mak9878]

Thanks alot

[Mak9878]

1. 25 hrs for one month and 20 hrs for the rest does not matter.
2. Since you are under transitional arrangements, that works. All you need is a total of 104 weeks of FT equivalent.

Hi Marcnath,
Hope you are well. Sorry to bother u again with a question vibrating in my mind.

I will hopefully go in March 2019 for ilr if God Wills, but in light of recent changes 11 Jan 2018, to show recent last 12 months of employment from date of application.

1) Is it must for transitional person to show last recent 12 month employment from date of application which i hopefully will apply march 2019?

2) Is this rule for only post april 2014?

3) if this rule apply too me in case...So my two part time working without any problem at the moment and will have 12 months complete by May 2018.. If they in case leave me later.. I won't be able to show recent 12 month of employment from date of application in march 2019 for ilr? Is it like this way what i understood?

[Mak9878]

Hi Marcnath,

Hope you are at best of your health. Waiting for your reply on above query..

Thanks

[marcnath]

As I already replied you would be under transitional rules, so the 11 Jan 2018 changes don’t impact you as long as you apply in March.
The new rules only impact applications made after April 2019

[Mak9878]

To add a little confusion over wife's first time outside ent dependent visa.

The confusion is that me and my bro have shorthold tenancy contract (with no survey report or no estate agent/landlord letter regarding my coming wife accomodation) on our name (both name appears on contract). Will it be a problem for her visa?

If yes it can be problem than if I get one bed flat rented now for me on my name but do i have to maintain maintainance funds there again for 90 days on new address for her?
OR
No need to change address of bank just get new one bed flat?

Waiting for your answer anxiously.

Thanks for your time...

[10020132]

With the accommodation for dependant they are not strict at all. So you do not have to worrymuch about that
But make sure you add all the relevant documents with her application

[Mak9878]

As I already replied you would be under transitional rules, so the 11 Jan 2018 changes don’t impact you as long as you apply in March.
The new rules only impact applications made after April 2019

Thanks Marcnath.

[Mak9878]

With the accommodation for dependant they are not strict at all. So you do not have to worrymuch about that
But make sure you add all the relevant documents with her application

Thanks for your reply dear. I m submitting following documents on below link. If anything u find missing let me know plz..
uk-tier-1-entrepreneur-visas/urgent-hel ... 24-80.html
Thanks

[Mak9878]

Hi Marcnath,

Hope you are at best of your health. I have got an issue regarding employment creation as follows:

In 2nd extension i had shown 2 full time employees 30hrs each and got extension as you remember.

Later one after other, both employee went part time 20 hours per week. And after completing 13 and 14 months respectively by each employee after extension approval.

Now both part time have left. After one after other.

I belive i have created one job by combining both part timers.

Now i have just one full time employee working since April 2018 which will complete 52 weeks (12 months) in end of March 2019.

Now my question is that I have not been able to show net job creation as per guidance (increase in job from 2 to 5 jobs etc)? Will it matter?

Waiting for your reply anxiously.

Thanks

[Mak9878]

One more question regarding to my friend.

He applied alongwith wife and a child for Entrepreneur extension and after bit time submitting biometric, he varied application of all into FLR-FP because solicitor said him that his case is weak for extension.

Now after giving biometric again for FLR-FP, he will become eligible for 10 yrs long residency route by end of August (which will be 28 days before 10 yrs completion).

Now my friend question is that can he vary his application again to 10 years Set LR route and apply before 28 days before 10 yrs completion?

He has not been served any refusal on any application and I believe his continuity is not broken.

Waiting for your reply anxiously.. thanks

[marcnath]

Hi Marcnath,

Hope you are at best of your health. I have got an issue regarding employment creation as follows:

In 2nd extension i had shown 2 full time employees 30hrs each and got extension as you remember.

Later one after other, both employee went part time 20 hours per week. And after completing 13 and 14 months respectively by each employee after extension approval.

Now both part time have left. After one after other.

I belive i have created one job by combining both part timers.business

Now i have just one full time employee working since April 2018 which will complete 52 weeks (12 months) in end of March 2019.

Now my question is that I have not been able to show net job creation as per guidance (increase in job from 2 to 5 jobs etc)? Will it matter?

Waiting for your reply anxiously.

Thanks

There is no need to show net creation of jobs if it is a new business. i.e. you did not join an existing business

[Mak9878]

Hi Marcnath, zimba and other modertors.

Hope you all are well. I am again stuck in big problem regarding accounts.

I have got serious emergency backhome and I have to withdraw atleast 50% of director loan amount (given to company) back to my personal account in series of installment. As i believe which goes against the director loan agreement submitted during extension to HO which specify the loan is given for 7 years and will be repayable after 9yrs.

Apart from that, slaes wise this 2017-18 period was not so good which has already led to loss of 17k including the previous some uncollectible debtors amount from 2016-17.

Can I change director loan agreement? Before 5 yrs completion which will happen in March 2019.

If in case if have to do repay director loan to me, my balance sheet will show less amount of director loan under "creditors amount falling more than one year" than previous extension accounts submitted.


All valuable suggestion regarding the matter will be much appreciated?

Thanks for your time and considerations.

[marcnath]

Hi Marcnath, zimba and other modertors.

Hope you all are well. I am again stuck in big problem regarding accounts.

I have got serious emergency backhome and I have to withdraw atleast 50% of director loan amount (given to company) back to my personal account in series of installment. As i believe which goes against the director loan agreement submitted during extension to HO which specify the loan is given for 7 years and will be repayable after 9yrs.

Apart from that, slaes wise this 2017-18 period was not so good which has already led to loss of 17k including the previous some uncollectible debtors amount from 2016-17.

Can I change director loan agreement? Before 5 yrs completion which will happen in March 2019.

If in case if have to do repay director loan to me, my balance sheet will show less amount of director loan under "creditors amount falling more than one year" than previous extension accounts submitted.


All valuable suggestion regarding the matter will be much appreciated?

Thanks for your time and considerations.

There is no requirement to submit investment evidence/documents or accounts, etc. for your ILR. How would CW know these details ?

In any case, nothing in the immigration rules prevents you from withdrawing any or all of the Director's loan. So, that cannot be a reason for refusal.

[Mak9878]

Hi Marcnath, zimba and other modertors.

Hope you all are well. I am again stuck in big problem regarding accounts.

I have got serious emergency backhome and I have to withdraw atleast 50% of director loan amount (given to company) back to my personal account in series of installment. As i believe which goes against the director loan agreement submitted during extension to HO which specify the loan is given for 7 years and will be repayable after 9yrs.

Apart from that, slaes wise this 2017-18 period was not so good which has already led to loss of 17k including the previous some uncollectible debtors amount from 2016-17.

Can I change director loan agreement? Before 5 yrs completion which will happen in March 2019.

If in case if have to do repay director loan to me, my balance sheet will show less amount of director loan under "creditors amount falling more than one year" than previous extension accounts submitted.


All valuable suggestion regarding the matter will be much appreciated?

Thanks for your time and considerations.

There is no requirement to submit investment evidence/documents or accounts, etc. for your ILR. How would CW know these details ?

In any case, nothing in the immigration rules prevents you from withdrawing any or all of the Director's loan. So, that cannot be a reason for refusal.

Thanks Marcnath for your prompt reply in the matter.
But for ILR application we have to send 2 years previous annual accouts (i.e. 4th and 5th years accounts) along with few business bank statement for showing current activity and bank signatory letter too which can reflect the repayment of director loan to director.

And I read somewhere when the company is in loss or near to liquidation (which is not case here), the other creditor are paid off first than director itself for any loan given to company.

Waiting for your reply anxiously. Thanks