What is most recent grant of leave for ILR and job creation point

[shahzaad]

Please note that I am on 5 year entrepreneur visa. I got my visa on 03-04-2014 and applied for extension on 07-08-2017. My application for extension was refused in administration review process after in August 2018 due to some missing documents. I put the fresh application in August 2018 within 14 days period after enclosing those missing documents and got approval in September 2018.

I got the visa approval which is valid from September 2018 till September 2020 while my 5 year period is completing in April 2019. In the meantime my business was running and two employees were working and getting their salaries.

I need clarification in the light of home office guidance of job creation which says

The jobs must have existed for at least 12 months during the period of the most recent grant of leave as a Tier 1 (Entrepreneur) migrant.

I got visa extension approval in September 2018.

I want to know what is my most recent grant of leave that is from 08-08-2017 till April 2019 or from September 2018 till September 2020?

Can I apply for ILR in April 2019 upon completion of 5 years period and claiming job creation points from the period 07-08-2017 till April 2019 or I have to claim job creation points after visa approval which I got in September 2018?

[hollan]

Your Most Recent Grant of Leave is September 2018 till September 2020.

Can I apply for ILR in April 2019 upon completion of 5 years period and claiming job creation points from the period 07-08-2017 till April 2019 ?

Yes You can

[zimba]

Can I apply for ILR in April 2019 upon completion of 5 years period and claiming job creation points from the period 07-08-2017 till April 2019 or I have to claim job creation points after visa approval which I got in September 2018?

Yes but you are allowed to use only the most recent 12 months of employment if your ILR application date is within 12 months of being granted extension. So you can use employment between April 2018 - April 2019. Also if you want to benefit from transitional arrangements, you must apply before 6 April 2019.

[shahzaad]

Thank you very much for your reply and especially zimba

[jafersadeq]

Yes but you are allowed to use only the most recent 12 months of employment if your ILR application date is within 12 months of being granted extension. So you can use employment between April 2018 - April 2019. Also if you want to benefit from transitional arrangements, you must apply before 6 April 2019.

I put the fresh application in August 2018 within 14 days period after enclosing those missing documents and got approval in September 2018.

Dear zimba,
If he used the employment till August 2018 for his extension application in August 2018, can he use some of it again in ILR, I mean from April 2018 to August 2018?

[marcnath]

Yes but you are allowed to use only the most recent 12 months of employment if your ILR application date is within 12 months of being granted extension. So you can use employment between April 2018 - April 2019. Also if you want to benefit from transitional arrangements, you must apply before 6 April 2019.

I put the fresh application in August 2018 within 14 days period after enclosing those missing documents and got approval in September 2018.

Dear zimba,
If he used the employment till August 2018 for his extension application in August 2018, can he use some of it again in ILR, I mean from April 2018 to August 2018?

Yes, OP can.

But there is really no reason OP would have used that employment since there would have been enough employment before the 1st extension application was filed in Aug 2017

[shahzaad]

Thank you once again to all.
Yes, during my first extension application in Aug 2017 there was no such issue of less employment. In my fresh application I send all the employment details till date but job creation requirement was already filfilled at the time of applying in August 2017.

[jafersadeq]

Thank you once again to all.
Yes, during my first extension application in Aug 2017 there was no such issue of less employment. In my fresh application I send all the employment details till date but job creation requirement was already filfilled at the time of applying in August 2017.

That means you claimed points for the employment from April 2018 to August 2018.
If you mention it in your application, means you want to claim points.
Moderators will advise you if it possible to claim points again for your ILR for the above period.

Thanks

[marcnath]

Thank you once again to all.
Yes, during my first extension application in Aug 2017 there was no such issue of less employment. In my fresh application I send all the employment details till date but job creation requirement was already filfilled at the time of applying in August 2017.

That means you claimed points for the employment from April 2018 to August 2018.
If you mention it in your application, means you want to claim points.
Moderators will advise you if it possible to claim points again for your ILR for the above period.

Thanks

I repeat - there is nothing in the immigration rules that states the same job cannot be used in extension and ILR. The only condition is the period when the job existed.