Employment Creation for Extension (intial before April 2014)

Hi,

for the two jobs that need to be created for Extension application of an initial application made before April 2014, I have some questions and hope some one can answer ?

1) can family members cousin, sister etc be employed ? will that be a problem ?

2) can immigrant with ILR status considered as "settled" workers and employed to meet this criteria ?

3) I know it should be 30 hrs per week ? what should be the minimum pay ?

4) also should the job itself need to meet any criteria ? NQF level 6 or above etc ?

Thanks

also,

how about people doing the job as their second job ?

for example if I employ a person who has another job with some other company , would that count as
one job created as well ?

thanks

bump!

someone should please reply to the questions raised here

yes pleae.. if someone could answer would be helpful for many people.

thanks

@ n8net, my opinion on your questions;

1) can family members cousin, sister etc be employed ? will that be a problem ?

Ans: Yes, you can employ your family members and anybody that meet the requirement of either being a British or settled person.


2) can immigrant with ILR status considered as "settled" workers and employed to meet this criteria ?

Ans: ILR holder are settled people and can be employed by you if you want to.


3) I know it should be 30 hrs per week ? what should be the minimum pay ?

Ans: As long as you are paying the legal minimum wages, you should be fine.


4) also should the job itself need to meet any criteria ? NQF level 6 or above etc ?

Ans: There is no requirement that all your employees should be able to do your main job of NQF level 4 and above. For example, you might decide to employ a secretary or personal clerk whose job are not up to NQF level 4.


But you need to be very careful by not employing only people whose work are below NQF level 4 as your main business activities should obviously be carried out by staff that are well qualified to do the job.

5) how about people doing the job as their second job ?

Ans: You can employ anybody that meet the requirement of being a British or settled person even if they are working for you as their 2nd or 3rd jobs. The only issue here is that you must use the correct tax code (usually BR) for them in your own payroll.

for people that applied pre april, can we employ 2 people in the last 12 months prior to when we apply for the extension?

i beleive so . but they hv the option to employ 1 perosn for 24 month as well.

@ n8net, minimum wage is the same throughout UK and its £6.50ph at the moment. There is no special or different legal minimum wage for London except that the government encourage employers to pay living wage of £9.15ph for workers in London and its not compulsory. You can pay London living wage to your employees if that's what you want.

I don't know where you have seen NQF level 6, but minimum requirement for those switching from PSW visa and relying on funding of 50k is NQF level 4. Also those switching from Tier 1 general visa must also meet the same requirement of NQF level 4 occupation.


Check Tier 1(Entrepreneur) Policy Guidance version 04/2015 - Page 9 of 74

''been continuously working in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 or above. "Working" in this context means that the core service his business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business.''

For all other applicants relying on 200k funding, there is no requirement to work in occupations at or above NQF level 4. They are allowed to do any occupation except those restrictions in the rule. Restrictions like not doing property management or lettings e.t.c.

babylondoner wrote:for people that applied pre april, can we employ 2 people in the last 12 months prior to when we apply for the extension?

Check Tier 1(Entrepreneur) 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 each