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Which guidance I have to follow 6th Nov2014 or 6th Apr2015

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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jafersadeq
Senior Member
Posts: 681
Joined: Sat Jun 20, 2015 1:14 am
Location: LONDON

Which guidance I have to follow 6th Nov2014 or 6th Apr2015

Post by jafersadeq » Sat Jun 20, 2015 1:28 am

Dear All,
Could you please help me to know the answer about my inquiry:

I applied for visa on 1st Mar 2015, I got the visa on 11th Mar 2015 and I entered the UK on 12th Apr 2015.
There was a guidance (TIER 1 (ENTREPRENEUR) VERSION 11/2014)/ this guidance is to be used for applications made on or after 6 November 2014
I have read that guidance before application, it was for application after 6th Nov 2014, and I applied on 1st Mar 2015.
After my application, the rules changed and new guidance appeared it was:
TIER 1 (ENTREPRENEUR) VERSION 04/2015 this guidance is to be used for applications made on or after 06 April 2015
There are many rules changed in that guidance, and I entered the UK on 12th Apr 2015, I want to know which guidance I have to follow, the first one or the last one. There is a change in rule of employment of the two employee. Please clarify the rules I have to follow for employing the two employee.
and which date will be considered as my entering the route?
Thanks a lot
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jafersadeq
Senior Member
Posts: 681
Joined: Sat Jun 20, 2015 1:14 am
Location: LONDON

Re: Which guidance I have to follow 6th Nov2014 or 6th Apr20

Post by jafersadeq » Sun Jun 28, 2015 4:29 pm

jafersadeq wrote:Dear All,
Could you please help me to know the answer about my inquiry:

I applied for visa on 1st Mar 2015, I got the visa on 11th Mar 2015 and I entered the UK on 12th Apr 2015.
There was a guidance (TIER 1 (ENTREPRENEUR) VERSION 11/2014)/ this guidance is to be used for applications made on or after 6 November 2014
I have read that guidance before application, it was for application after 6th Nov 2014, and I applied on 1st Mar 2015.
After my application, the rules changed and new guidance appeared it was:
TIER 1 (ENTREPRENEUR) VERSION 04/2015 this guidance is to be used for applications made on or after 06 April 2015
There are many rules changed in that guidance, and I entered the UK on 12th Apr 2015, I want to know which guidance I have to follow, the first one or the last one. There is a change in rule of employment of the two employee. Please clarify the rules I have to follow for employing the two employee.
and which date will be considered as my entering the route?
Thanks a lot
Top
jafersadeq
Senior Member
Posts: 681
Joined: Sat Jun 20, 2015 1:14 am
Location: LONDON

Re: Which guidance I have to follow 6th Nov2014 or 6th Apr20

Post by jafersadeq » Wed Jul 01, 2015 12:33 am

jafersadeq wrote:Dear All,
Could you please help me to know the answer about my inquiry:

I applied for visa on 1st Mar 2015, I got the visa on 11th Mar 2015 and I entered the UK on 12th Apr 2015.
There was a guidance (TIER 1 (ENTREPRENEUR) VERSION 11/2014)/ this guidance is to be used for applications made on or after 6 November 2014
I have read that guidance before application, it was for application after 6th Nov 2014, and I applied on 1st Mar 2015.
After my application, the rules changed and new guidance appeared it was:
TIER 1 (ENTREPRENEUR) VERSION 04/2015 this guidance is to be used for applications made on or after 06 April 2015
There are many rules changed in that guidance, and I entered the UK on 12th Apr 2015, I want to know which guidance I have to follow, the first one or the last one. There is a change in rule of employment of the two employee. Please clarify the rules I have to follow for employing the two employee.
and which date will be considered as my entering the route?
Thanks a lot
Top
vinny
Moderator
Posts: 32801
Joined: Tue Sep 25, 2007 7:58 pm

Re: Which guidance I have to follow 6th Nov2014 or 6th Apr20

Post by vinny » Wed Jul 01, 2015 12:42 am

What was the change of rules?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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jafersadeq
Senior Member
Posts: 681
Joined: Sat Jun 20, 2015 1:14 am
Location: LONDON

Re: Which guidance I have to follow 6th Nov2014 or 6th Apr20

Post by jafersadeq » Wed Jul 01, 2015 12:53 am

Hi

In the old guidance, you can employ 4 employees part time 6 months each, or 1 employee one year and 2 employees 6 months each,
In the new guidance you should employ 2 full time employees for one year each.

I do not know which date I entered the route.

Thnx
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Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 10:28 pm
Location: London, UK.

Re: Which guidance I have to follow 6th Nov2014 or 6th Apr20

Post by Olasunkanmi » Wed Jul 01, 2015 9:51 am

@ jafersadeq, you are missing something here, the rule states as follows;
Policy Guidance version 04/2015 - Page 29 of 74

Transitional arrangement – people who successfully applied to enter the route before 6 April
2014 may continue to employ:
a single worker for 24 months; or
one worker for 6 months and one for 18 months; or
four workers for six months each
and still meet the requirements when they apply for extensions and for settlement. Anyone applying to enter the route on or after 6 April 2014 must create employment for at least two separate people and the jobs must exist for at least a full 12 months
Following the point above you got your visa in March 2015, which is 11 months after the rule was changed and your visa falls under rules in place after 6 April 2014. So to answer your question, regardless of when you enter UK, you need to employ 2 full-time workers for one year each before you can qualify for extension.

The time that you enter the UK does not have anything to do with the employment rule as you applied and got visa under the current rule. The time that you enter UK will only determine how many extension you have to do before qualifying for ILR as you must have clocked either 3yrs (accelerated route) or 5yrs in UK before qualifying for ILR
The key to success is knowledge and hardwork, and to have faith.
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jafersadeq
Senior Member
Posts: 681
Joined: Sat Jun 20, 2015 1:14 am
Location: LONDON

Re: Which guidance I have to follow 6th Nov2014 or 6th Apr20

Post by jafersadeq » Thu Jul 02, 2015 12:10 am

@Olasunkanmi,
My question was about the date of entering the route, Is it 11 March 2015 (date of issue of my visa) or 12 April 2015 (date of entering the UK)?
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jafersadeq
Senior Member
Posts: 681
Joined: Sat Jun 20, 2015 1:14 am
Location: LONDON

Re: Which guidance I have to follow 6th Nov2014 or 6th Apr20

Post by jafersadeq » Thu Jul 02, 2015 12:16 am

Dear Olasunkanmi,

Many thanks for your answer, it was excellent.
Best Regards,
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Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 10:28 pm
Location: London, UK.

Re: Which guidance I have to follow 6th Nov2014 or 6th Apr20

Post by Olasunkanmi » Sat Jul 04, 2015 10:16 am

jafersadeq wrote:@Olasunkanmi,
My question was about the date of entering the route, Is it 11 March 2015 (date of issue of my visa) or 12 April 2015 (date of entering the UK)?
@ jafersadeq, I have answered in my previous post that the date you enter UK doesn't have anything to do with the employment issue.

Your visa start running in UK the day you enter UK assumimg you follow the general requirements. Meanwhile, the extra 3months on your visa was given to help cover the gap between your visa issue date and entry to UK.
The key to success is knowledge and hardwork, and to have faith.
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