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less than 10 employees when submitting an ILR application

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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polluz
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Joined: Thu May 18, 2017 8:19 am

less than 10 employees when submitting an ILR application

Post by polluz » Thu May 18, 2017 8:42 am

Hello everyone, I have a question about the accelerated settlement route under Tier 1E route.

My UK company has employed 10 full-time employees (30 hours a week) and they have worked for my company for at least 12 consecutive full months. But, some of them quitted the job before or during the progress of applying for ILR in the accelerated settlement route. In other words, there are less than 10 employees when the extension application is submitted and processed.

Could I still gain points on the basis of creating 10 full-time jobs?
Would this affect the result of the extension application?

Look forward to advice and experiencing-sharing. Appreciated and thank you very much in advance. :)

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marcnath
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Re: less than 10 employees when submitting an ILR applicatio

Post by marcnath » Thu May 18, 2017 8:55 am

The requirement is that you should have had 10 full time jobs for 12 months.

There is no requirement (for employment related points) that any of the jobs are existing or even that the business is ongoing at the the time of application. (though you may get enquiries on genuineness if that were to happen)

So congratulations on the good work done and having created that employment. As long as those are all qualified jobs and you have the evidence, should be no problems.

polluz
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Posts: 13
Joined: Thu May 18, 2017 8:19 am

Re: less than 10 employees when submitting an ILR applicatio

Post by polluz » Thu May 18, 2017 9:20 am

Thanks marcnath for your reply. :D

I thought the same when I referred to the T1E Guidance and the Immigration Rules. I posted here because I'm afraid that the assessor would consider the status quo and ongoing sustainability of my company and the reasonableness of why those employees quitted their jobs right after the 12-month employment requirement is fulfilled.

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Zimba
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Re: less than 10 employees when submitting an ILR applicatio

Post by Zimba » Thu May 18, 2017 10:48 am

This depends on if you want to apply for accelerated ILR during after 3 years or after extension. If you are applying after extension, the jobs must have existed for 12 months AFTER extension was granted to be eligible for accelerated ILR. This is clear in the guide
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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