We have noticed that most Tier 1 Entrepreneur visa applicants struggle with the job creation aspect during Extension and Indefinite Leave to Remain applications.
The rule requires entrepreneurs to create
However, many entrepreneurs applying for the visa do not fully understand the strict and ever-changing legal requirements.
Many Tier 1 Entrepreneur visa holders have not been informed properly about the strict criteria to enable their advance preparation. As the employment arrangements needed to be organised as early as possible up to 3 years’ in advance, many Tier 1 Entrepreneurs find themselves falling short of the rules at the last minute. In truth, certain businesses encounter high turnover and may have to combine positions and employees to qualify for each job – this is also subject to narrow conditions.
If you wish to claim you have established two new jobs, the workers and the role must fulfil the Home Office criteria, as set out below:
The employees must show that they have settled status. Settled workers generally include:
30 hours per week.
A minimum of 12 months.
This is normally accepted for the 5 years’ route towards Indefinite Leave to remain, but at present not accepted for the 3 years’ Accelerated Settlement route.
Example 1 – One Employee works 20 hours per week. Another works 10 hours per week, they have both worked a combined total of 30 hours and can be used towards one job creation.
Example 2 – The first employer begins work on 2 January 2016. She works 30 hours, but leaves her job on 2 June 2016. The second employer is hired for the same job on 2 July 2016. The two workers can be combined as one job created. However, the job would not qualify until 2 February 2017, as this would result in 12 months from the start date with additional time for the gap in workers.
Both team members can use the same evidence for job creation.
Note: Multiple Tier 1 (Entrepreneur) migrants who invest in the same business and are not part of an entrepreneurial team may not rely on same evidence to demonstrate qualifying employment.
The above serves as a guide based on the current rules and does not constitute advice. Whatever the circumstances of your business, the Home Office request extensive evidence of job creation. QC Immigration has 100% success rate in all our Tier 1 Entrepreneur visa extension applications to date. Please contact us to discuss your preparation and documents needed.
Learn more on alternatives for Tier 1 Entrepreneur Visa holders applying for Extension and Indefinite Leave to Remain applications.
The Tier 1 Entrepreneur Visa is a UK immigration route under the Points Based System which allows entrepreneurs to come to the UK to start up a business
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