ILR application after Extension & Job Creation

Hi Forum Seniors,

I was granted Tier 1 Entrepreneur Extension last year in 2015 via the 200k route.
In 2017, I would have completed 5 years continuous residency and would be able to apply for indefinite leave to remain.

My question is, do I have to continue to hire 2 new full time employees (12 months each) during my 2 year extension period or was this already tested and fulfilled during my application for my extension last year?

Set (0) form for settlement asks for evidence of employment creation, which I infer to be asking for the same set of documents used to show employment creation during extension application (they also ask for other documents which are also from the extension application).

I called Home office some time ago and they told was that ILR is tested solely on 5 year continuous residency and life in UK test for Tier 1 Entrepreneur, as all requirements would had been tested during initial application and during extension application.
However, the solicitor who helped me with my extension informed me that there is indeed a now a further requirement to continue 2 full time employees during the extension period.

Does anyone know about this? Please help

Thanks

kh_st wrote:Hi Forum Seniors,

I was granted Tier 1 Entrepreneur Extension last year in 2015 via the 200k route.
In 2017, I would have completed 5 years continuous residency and would be able to apply for indefinite leave to remain.

My question is, do I have to continue to hire 2 new full time employees (12 months each) during my 2 year extension period or was this already tested and fulfilled during my application for my extension last year?

Set (0) form for settlement asks for evidence of employment creation, which I infer to be asking for the same set of documents used to show employment creation during extension application (they also ask for other documents which are also from the extension application).

I called Home office some time ago and they told was that ILR is tested solely on 5 year continuous residency and life in UK test for Tier 1 Entrepreneur, as all requirements would had been tested during initial application and during extension application.
However, the solicitor who helped me with my extension informed me that there is indeed a now a further requirement to continue 2 full time employees during the extension period.

Does anyone know about this? Please help

Thanks

In order to qualify for ILR after your extension, you need to satisfy job creation criteria again. This was clarified recently in the guide but has always been in the immigration rules. You need to demonstrate during your ILR application that:

- after you were granted extension, you retained your employees from initial period for another 12 months,
- or you have created equivalent of two new full time jobs

Hi zimba88,

Thank you for your reply. That's a shame, I didn't know that. Would you be able to let me know where and which guidance I could find this clarification from? It would be very helpful. Thanks

kh_st wrote:Hi zimba88,

Thank you for your reply. That's a shame, I didn't know that. Would you be able to let me know where and which guidance I could find this clarification from? It would be very helpful. Thanks

See the latest guide (page 50, items 165 and 166): https://www.gov.uk/government/uploads/s ... 1_2015.pdf

Thanks for pointing this out. It is quite clear and makes sense to me now. Much appreciated.