Entrepreneur Visa Extension (Employment question)

Dear All,

I am in bit of a tricky situation and was wondering if all you experts could help. My Entrepreneur visa is expiring in December 2015. I will be sending my documents on or after the 6th of December 2015.

Now at the time of my application (6th of December 2015), both of my employees will be settled in UK and are on full time employment. However between 05/11/14 - 05/04/15 (5 months), one of my employee was on spouse/partner leave to remain (work permitted). She received her ILR on 06/04/2015.

Do you think this may cause an issue?

@ dnf, it will be advisable for you to use employee that meet the immigration requirement all through the employment period for you extension.

You might be lucky for the caseworker to overlook your case, but its not worth it to take the risk as you still have the option to employ another worker for the next 6months to fill in the gap.

I 100% agree with Olasunkanmi.
I think you better get started to calculate and start employ the eligible people now to meet this key-success-criteria.

I agree with you both and I have already started working on this.

Many thanks for your replies.

does a family member on ILR qualify as an employee if she does work part time (she has another job as well)

thanks

I am pretty sure that a settled family member is classed as an employee. I don't see what query would they raise as the law allow you to employ a family member as long as that employment is genuine i.e. for business purpose. They may ask, what work that family member does in their normal course of employment etc.

Hi dnf,

thanks for the reply..yes. I cannot think otherwise as there is nothing in the law.

but I am not sure being emlpyed by another company full time is a problem ? any1 with any exp ?

There is absolutely no problem if the relative is employed by another company. Just ensure that the correct tax code is used on the persons salary.