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Employment requirement for ILR

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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marcnath
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Employment requirement for ILR

Post by marcnath » Sat Mar 28, 2015 8:51 am

I have my extension for Tier 1. During the past three years, I have provided over 60 man months of employment, so the 2 full time employment was easy. Going forward, the business is not doing as well, so I have been cutting down the employees. At this time, I am not sure if I can meet the 2 Full time (or 24 months of employment as the transitional arrangement applies to me) persons.

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 ?

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marcnath
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Re: Employment requirement for ILR

Post by marcnath » Sat Mar 28, 2015 11:34 am

Some further research landed up with this :
Further extensions and ILR applications
If the applicant‘s last grant of leave before the current grant was as a Tier 1 (Entrepreneur) (for instance, they are applying for a second extension):
 they do not need to demonstrate that they have created two more full-time paid jobs, in addition to the two jobs created during the initial period of leave, if the two full time positions created in the initial period of leave were maintained, or
 if the jobs from the initial leave no longer existing, they must show they have created two new jobs which have existed for at least 12 months.

It still leaves the question as to when those jobs were created.
As an example, I create two jobs on initial application, which have both lasted for, say, 30 months.
At the time of first extension, I only needed the two jobs for 12 months each.
Since they were maintained for more than another 12 months, can I use that as evidence ? Or does the employment creation evidence collection date get reset as of the date of extension ?

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