T1E ILR 5YEAR ROUTE JOB CREATION AND JOB TITLE

[rihan]

Dear Gurus and Fellow Members

Here I am posting on behalf of my friend who have her ILR due on 01-08-2019. I am not sure is this question repeated here or not if so please make excuse. So she have 3 employees working for her 1 full time and 2 part time, here is the details

1) Full time (35 hr/ week) Job title office admin job created 01-03-2016
2) part Time (16 hr/ week) job title Marketing Executive job created 15-03-2016
3) Part Time (16 hr/ week) job title Sales Executive job created 01-04-2016
all the jobs are continuing till today

she got her extension on 15-08-2018, so her question is, is this job creation is ok to go for ILR. she had advice from her solicitor two part time job has to be the same job title then the HO will consider two PT as one FT, is that true? Is two part time have a same job title to consider ? Please give your advice

Regards

[aman90]

Dear Gurus and Fellow Members

Here I am posting on behalf of my friend who have her ILR due on 01-08-2019. I am not sure is this question repeated here or not if so please make excuse. So she have 3 employees working for her 1 full time and 2 part time, here is the details

1) Full time (35 hr/ week) Job title office admin job created 01-03-2016
2) part Time (16 hr/ week) job title Marketing Executive job created 15-03-2016
3) Part Time (16 hr/ week) job title Sales Executive job created 01-04-2016
all the jobs are continuing till today

she got her extension on 15-08-2018, so her question is, is this job creation is ok to go for ILR. she had advice from her solicitor two part time job has to be the same job title then the HO will consider two PT as one FT, is that true? Is two part time have a same job title to consider ? Please give your advice

Regards

2 part time jobs can be can be combined to equal one full time job as long as they've existed for 12 months.
Job shares are also acceptable.
Perhaps ur friend should read the guidance instead of relying on others.
Did she get extension on the same stated Jobs?
When was initial visa granted?

[rihan]

Thanks for your reply Aman09, Her initial visa granted on 15-06-2014, so as you said she can combine 2 part time job as one full time even if it is different job title?

[aman90]

Thanks for your reply Aman09, Her initial visa granted on 15-06-2014, so as you said she can combine 2 part time job as one full time even if it is different job title?

Obviously!

"b) “The equivalent of” a full time job means two or more part time jobs which add up to 30
hours a week will count as one full time job, if both jobs exist for at least 12 months"

https://assets.publishing.service.gov.u ... -_0319.pdf
pg 27 onwards

so she seems to be eligible to apply for ILR from 18/05/19 as she completes 5 years on 14/06/14 depending on her absences.
Did she get extension on the same stated Jobs?

[rihan]

thanks for your reply, when the time of extension she had another full time job as a marketing manager and that employee left after 3 months of her extension application. Now she have only this 3 employees as i stated previously. So will it be ok?

Thanks

[aman90]

thanks for your reply, when the time of extension she had another full time job as a marketing manager and that employee left after 3 months of her extension application. Now she have only this 3 employees as i stated previously. So will it be ok?

Thanks

YES!
She couldn't have gotten extension on one Job.Ive a reason for asking the question with regards to the JOB's she had submitted for extension. Also how did she calculate her ILR eligibility date as 01/08/19.. Since you apparently don't know much about ur friends situation I would advise that she seek her answers herself via this forum...she ll be better off.

[rihan]

First of all 01-08-19 is not exact date of her ILR application that was for the rough idea she given. here is how she come up with that dated

1)Initial leave granted 15-06-2014 so she will be completing her 5 years by 15-06-2019
2) but she got extension on 15-08-2018 so she will be completing her 12 months period by 15-08-2019 after extension, technically she can apply 28 days prior to the exact date right, that what she said 01-08-19 for the safer side.

please advice if anything wrong in that.

Thanks

[aman90]

First of all 01-08-19 is not exact date of her ILR application that was for the rough idea she given. here is how she come up with that dated

1)Initial leave granted 15-06-2014 so she will be completing her 5 years by 15-06-2019
2) but she got extension on 15-08-2018 so she will be completing her 12 months period by 15-08-2019 after extension, technically she can apply 28 days prior to the exact date right, that what she said 01-08-19 for the safer side.

please advice if anything wrong in that.

Thanks

She completes 60 months on 14/06/2019. She is eligible to apply from 18/05/19. She doesn't need to wait any 12 month period after extension as she has completes her continuous period for ILR from the date highlighted.

"The jobs must have existed for at least 12 months during your most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of your current application."

That means if she applies on 31/05/19, she submits evidence of Job creation preceding 12 months i.e. 01/06/18.

RTI FPS + Payslips from 01/06/18- 31/05/19.

Applicants in her situation have been afforded this opportunity.

[rihan]

Thanks Aman90 for you valuable information, One more thing she had CCJ on her name for missing payments on 2017 which she wasn't aware of it. As soon as she find out she settled full amount and her credit file shows its satisfactory, does she need to mention this on her ILR set(o) application ? Please advice

Thanks

[aman90]

No..

[rihan]

Thanks Aman

[teddybear79]

1) Full time (35 hr/ week) Job title office admin job created 01-03-2016
2) part Time (16 hr/ week) job title Marketing Executive job created 15-03-2016
3) Part Time (16 hr/ week) job title Sales Executive job created 01-04-2016
all the jobs are continuing till today


job 1 is ok,

job 2 and 3 cannot be combined unless they have the same job title, would have change sales executive to marketing executive for job 3 or vice versa

[rihan]

Thanks teddybear79 for your reply. As I check policy guidance what I can see, job share is possible if both jobs are existing for 12 month continuously even if its different job title. Please refer page no 27 JOB CREATION TITLE points from A to H. This is what I understood and Aman was advising the same. Please correct me if I am wront

Regards

[aman90]

Thanks teddybear79 for your reply. As I check policy guidance what I can see, job share is possible if both jobs are existing for 12 month continuously even if its different job title. Please refer page no 27 JOB CREATION TITLE points from A to H. This is what I understood and Aman was advising the same. Please correct me if I am wront

Regards

Unsubstantiated & conjecture by teddybear79
Trust the guidance!

[rihan]

Yes I am stick on with Policy guidance. I think Teddybear misunderstood the guidance. Also Senior members please leave your comment If this is wrong. Thanks Aman for your bold reply

[rihan]

Dear Senior Members

This time for myself. I am going to vary my T1 E extension application to T1 ILR route as I was waiting since 05-06-2017, so technically i can varie before 28 days which is 11-05-2019. So my question

q: I have one FT and 2 PT. Both employment are started since 2016 April, But on 01-08-2018 I had a break of one month in FT employment due to employee change, From 01-09-2018 I have new FT employee started in the business till present. According to the rule I believe I cover the requirement of 12 month continues employment which is (01-06-2017 to 01-08-2018). So should I need to sent details of present employees or is it ok to send only the required employment details? Same situation in my PT as well but fortunately I don't have any gap, PT is continues employment since 01-06-17. Please advice me. Especially Aman, Marcnath, Zimba etcc..

Thanks

[aman90]

Dear Senior Members

This time for myself. I am going to vary my T1 E extension application to T1 ILR route as I was waiting since 05-06-2017, so technically i can varie before 28 days which is 11-05-2019. So my question

q: I have one FT and 2 PT. Both employment are started since 2016 April, But on 01-08-2018 I had a break of one month in FT employment due to employee change, From 01-09-2018 I have new FT employee started in the business till present. According to the rule I believe I cover the requirement of 12 month continues employment which is (01-06-2017 to 01-08-2018). So should I need to sent details of present employees or is it ok to send only the required employment details? Same situation in my PT as well but fortunately I don't have any gap, PT is continues employment since 01-06-17. Please advice me. Especially Aman, Marcnath, Zimba etcc..

Thanks

Although job months need not be consecutive BUT in ur case it’s a bit complicated as you are varying ur extension application to ILR.
You’ll have to submit everything according to ext and ILR ie two years accounts showing ur investment amongst others.
The gap may not be acceptable as only the immediate last 12 months are considered for assessment for job creation.

[rihan]

Thanks for your reply Aman, if that case do I have to wait till 01-09-2019 (if the result not came) for completing immediate 12 months? or Can I use the Previous year ? 2017-2018 ? Please Advice.

Thanks

[aman90]

Thanks for your reply Aman, if that case do I have to wait till 01-09-2019 (if the result not came) for completing immediate 12 months?

Yes. You can vary if a decision hasn’t been reached.
or Can I use the Previous year ? 2017-2018 ? Please Advice.
No, you may not.

Thanks

Read the guidance closely to understand the conditions under which one qualifies for ILR.
Amongst others there are two major conditions:
1. 5 years continuous residence
2. Job creation: assessed from extension approval.

Whereas you may qualify under 1 you don’t under 2.
Due to the allowance of using job creation immediately preceding 12 months from date of application it opens a window of opportunity for someone in ur situation to argue but unfortunately you have a gap which will most probably result in a refusal and start a chain of events that you may not be able to deal with.

[rihan]

Thanks Aman for your valuable reply, I was looking to the guidance to find out the 5 year continues route conditions but unfortunately I cant find it in the new guidance. I will go through it again, if you can high late that guidance wordings here it will be really helpful. One more thing I have to clarify if I am taking a chance to apply for ILR do I need to submit investment evidence again with this application or can I mentioned in my covering letter to CW refer the document from my last extension application ? Is that possible. Please advice.

Thanks

[aman90]

Thanks Aman for your valuable reply, I was looking to the guidance to find out the 5 year continues route conditions but unfortunately I cant find it in the new guidance. I will go through it again, if you can high late that guidance wordings here it will be really helpful. One more thing I have to clarify if I am taking a chance to apply for ILR do I need to submit investment evidence again with this application or can I mentioned in my covering letter to CW refer the document from my last extension application ? Is that possible. Please advice.

Thanks

Page 30 and most importantly table F

https://assets.publishing.service.gov.u ... pdf#page29

[aman90]

Your extension application has not been successful yet and as soon as you vary, the ILR application will take precedence. The CW would want to see that you have fulfilled all the conditions of the visa during the entire time and especially in the recent past. As well as Liuk.
Consider the fact that you can even vary to ILR as a good fortune.
Your accounts will show how you invested the capital in the business. It’s really simple!
Take ur time as you have enough of it to figure it out.
I believe they have all ur originals as you applied via the postal route. Now you just add the rest as a continuance to the previous application.
A fresh CAR
Bank letter that u hold a business bank account to date
Accounts to date
Tax returns- CT600
Recent Job creation (as advised earlier).
Liuk.
Correct Eng language certificate
Etc.

[rihan]

Thanks Aman for your reply, I am going to take chance as I was waiting for 24 months for my decision its really uncertain situation for every one those who waiting this long for their status. So as you suggest I am going to add up rest of the updated documents for the past two years. I already show my investment in my extension application (June-2017) I supplied personal bank statement, business statement to show the transfer. Also accountant letter,Directors Loan agreement, audited accounts to prove the investment on top when I had interview (feb-2018) again I provide proof for the source of money and investment and spent the money in business (invoices) etcc.. So I believe those are enough to prove investment point. Please suggest, did they consider these previous documents or should I provide fresh documents again ?? Like current annual accounts, accountant letter etc.. I am going to quote in my covering letter CW can refer the previous application document for the investment this is the same I am going to do for my Degree certicate and CR (not CAR) etcc.. Please advice which will be better.

Thanks

[CULLINAN]

Thanks Aman for your reply, I am going to take chance as I was waiting for 24 months for my decision its really uncertain situation for every one those who waiting this long for their status. So as you suggest I am going to add up rest of the updated documents for the past two years. I already show my investment in my extension application (June-2017) I supplied personal bank statement, business statement to show the transfer. Also accountant letter,Directors Loan agreement, audited accounts to prove the investment on top when I had interview (feb-2018) again I provide proof for the source of money and investment and spent the money in business (invoices) etcc.. So I believe those are enough to prove investment point. Please suggest, did they consider these previous documents or should I provide fresh documents again ?? Like current annual accounts, accountant letter etc.. I am going to quote in my covering letter CW can refer the previous application document for the investment this is the same I am going to do for my Degree certicate and CR (not CAR) etcc.. Please advice which will be better.

Thanks

Aman is well knowledgeable on this varying application. Follow as advised. You will need fresh CAR.

[rihan]

Thanks Tier1147 for your reply, Yes I will update Fresh CAR, But I meant CR company Registration Certificate. And I will seriously take Aman's advice.