Employment after extension of tier 1 entrepreneur

Could any expert kindly give me some help? My Tier 1 entrepreneur has been extended. Do I still need to employ two employees full time? Your reply will be much appreciated.

Yes,according to New Guidence

Congratulations: was it 50k or 200k? 2ndly employees salary is considered as an investment?

mcr2013 wrote:Congratulations: was it 50k or 200k? 2ndly employees salary is considered as an investment?

200k. I do not know whether salary can be considered investment or not, as the salary of my employees are from my profits.

My understanding of the new policy is as thus;

(1) If you get the first 3yrs visa, then invested 50k/200k and also created 2 full-time job for at least 12months, then you will get the 2yrs extension. To then get your ILR after total 5yrs on the visa, the 2 full-time job must either still be continuous or you have created another 2 full-time job for at least 12months before ILR is due, which should be 12months during the 2yrs extension.

(2) If you get the first 3yrs visa, then invested 50k/200k and also created 2 full-time job for at least 12months, then you will get the 2yrs extension. After completing the 5yrs period and you did not qualify for ILR due to whatever reason and you need to apply for another further extension, then you need to either maintain the initial 2 full-time job created during first extension or you create another 2 full-time job for at least 12months before applying for further extension.

I think that the main aim is to make sure that applicants always have 2 full-time workers each time they want to either extend or get ILR. Its the same rule that have always apply to Tier 1 general applicants that requires them to show 12months earning/income before any extension or ILR.

Lot of guys on the forum have always insisted that there will be some changes/clarification which will be made to the visa during extension as HO rules are very complicated and confusing and I suppose this is one of the clarification.

oriental2000 wrote:Could any expert kindly give me some help? My Tier 1 entrepreneur has been extended. Do I still need to employ two employees full time? Your reply will be much appreciated.

What documents you submitted for the extension ? Please can you give us a list and useful suggestions

Thanks

Congrats! Can you please let us know:

When did you apply for the extension and when was it granted (in other words, how long did it take them to make a decision)?

What documents did you provide as evidence to get your extension?

Have you received an answer yet from the HO if you need to hire an additional 2 full-time workers while on your entension in order to qualify for ILR?

JohnOhn wrote:Congrats! Can you please let us know:

When did you apply for the extension and when was it granted (in other words, how long did it take them to make a decision)?

What documents did you provide as evidence to get your extension?

Have you received an answer yet from the HO if you need to hire an additional 2 full-time workers while on your entension in order to qualify for ILR?

Application date: end of April 2014
Approved: end of June 2014
I did not ask HO about the question. Can we ask them the question? what is their phone number or email for enquiry, please?

oriental2000 wrote:
Application date: end of April 2014
Approved: end of June 2014
I did not ask HO about the question. Can we ask them the question? what is their phone number or email for enquiry, please?

Yes, you can absolutely call them. They're actually good at getting back to you with answers too. Their contact info is:

UK Visas and Immigration contact centre
Telephone: 0300 123 2241
Monday to Thursday, 9am to 4.45pm
Friday, 9am to 4.30pm

JohnOhn wrote:

oriental2000 wrote:
Application date: end of April 2014
Approved: end of June 2014
I did not ask HO about the question. Can we ask them the question? what is their phone number or email for enquiry, please?

Yes, you can absolutely call them. They're actually good at getting back to you with answers too. Their contact info is:

UK Visas and Immigration contact centre
Telephone: 0300 123 2241
Monday to Thursday, 9am to 4.45pm
Friday, 9am to 4.30pm

Thank you so much.

Congratulations!
Did you spend the entire £200K through your business, or did you just invest it (as a loan to the business or shares)?

Thanks.

whiteroses wrote:Congratulations!
Did you spend the entire £200K through your business, or did you just invest it (as a loan to the business or shares)?

Thanks.

I put the whole money into the account and show it by shares. Then use the whole capital or part of it to do the business. Always keep the capital there.

oriental2000 wrote: I put the whole money into the account and show it by shares. Then use the whole capital or part of it to do the business. Always keep the capital there.

And you obviously started making a profit in the business before the £200k investment was already spent, correct? But as long as you showed that you A) invested the money, and B) spent it over the course of three years it didn't matter to the HO if you were also making and spending money earned via profit correct?

JohnOhn wrote:

oriental2000 wrote: I put the whole money into the account and show it by shares. Then use the whole capital or part of it to do the business. Always keep the capital there.

And you obviously started making a profit in the business before the £200k investment was already spent, correct? But as long as you showed that you A) invested the money, and B) spent it over the course of three years it didn't matter to the HO if you were also making and spending money earned via profit correct?

I do not think you need to spend all the capital.

oriental2000 wrote:

whiteroses wrote:Congratulations!
Did you spend the entire £200K through your business, or did you just invest it (as a loan to the business or shares)?

Thanks.

I put the whole money into the account and show it by shares. Then use the whole capital or part of it to do the business. Always keep the capital there.

Thank you for replying.
After transferring the amount of £200,000, did you spend the equivalent of £200,000 on the business (whether from capital or profit)?

Thanks again.

whiteroses wrote:

oriental2000 wrote:

whiteroses wrote:Congratulations!
Did you spend the entire £200K through your business, or did you just invest it (as a loan to the business or shares)?

Thanks.

I put the whole money into the account and show it by shares. Then use the whole capital or part of it to do the business. Always keep the capital there.

Thank you for replying.
After transferring the amount of £200,000, did you spend the equivalent of £200,000 on the business (whether from capital or profit)?

Thanks again.

for me, yes. however, I think I do not have to.

@oriental2000 - Did you manage to call the HO on the phone and get clarification about the extension employee requirements?

JohnOhn wrote:@oriental2000 - Did you manage to call the HO on the phone and get clarification about the extension employee requirements?

I do not need to call HO as I have got one employee working for me for long. He is not leaving after I promise to raise his salary. If the clarification is so important for you, you can call them. Thanks.

oriental2000 wrote:I do not need to call HO as I have got one employee working for me for long. He is not leaving after I promise to raise his salary. If the clarification is so important for you, you can call them. Thanks.

Actually, I'd call them ASAP if I were you. Under the new guidelines you CANNOT employ a single person for 24 months. Well, you can, but they'll only count that as meeting half of your employment obligations. You must employ 2 separate individuals for a period of 12 months each.

@john
if the visa issued before 06/04/2014 he might be able to that is for those after this.

The Tier 1 settlement guidance states :
The applicant has: (a) established a new UK business or businesses that has or have created the equivalent of at least 2 new full time jobs for persons settled in the UK, or (b) taken over or invested in an existing UK business or businesses and his services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least 2 new full time jobs Where the applicant's last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months of the period for which the previous leave was granted.

I am confused about the phrases "last grant of entry clearance" and "previous leave".

Once the extension was granted, that would be the "last grant". Does "previous leave" refer to the extension or original application ?