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Tier 1 Entrepreneur ILR Job creation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Nabz0209
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Tier 1 Entrepreneur ILR Job creation

Post by Nabz0209 » Wed Apr 07, 2021 1:52 pm

Hi

My partner wants to apply for ILR under Tier 1 Entrepreneur. She has one full time job role maintained with the same employees from the initial period of grant and during extension period as well. She has created 1 new full time job role during extension period. So one job role maintained since the initial grant to date and one created during extension period. Does she meet the job creation requirement for ILR. She falls under the new rules where two separate posts required to be created. Kindly help.

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CULLINAN
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Re: Tier 1 Entrepreneur ILR Job creation

Post by CULLINAN » Wed Apr 07, 2021 4:29 pm

Yes..she needs to show 2 FT JOBS that existed for 12 months each AFTER extension (unless she falls in the exception criteria).
Also there is corona concession, so minimum 80% furlough pay is accepted also.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Nabz0209
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Posts: 14
Joined: Mon May 21, 2018 9:42 am
Pakistan

Re: Tier 1 Entrepreneur ILR Job creation

Post by Nabz0209 » Wed Apr 07, 2021 6:11 pm

Just to clarify that she maintained one job from her initial period as well as during extension period and the other job she created during extension period. We understood that she could either maintain 2 job roles from initial period or create new two in extension period for ILR. However she maintained 1 job role from initial period and has created one job during extension. Does she meet job creation requirement for ILR?

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CULLINAN
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Re: Tier 1 Entrepreneur ILR Job creation

Post by CULLINAN » Wed Apr 07, 2021 6:13 pm

Yes.
Your understanding is not correct. It does not matter when the job was created as long it existed for at least 12 months after extension.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Nabz0209
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Posts: 14
Joined: Mon May 21, 2018 9:42 am
Pakistan

Re: Tier 1 Entrepreneur ILR Job creation

Post by Nabz0209 » Wed Apr 07, 2021 6:30 pm

Thank you for your help. Just last bit about one job which she maintained from initial period, the employee left the job post(ware-house assistant) before extension was granted but because 12 months were completed during initial period so extension was granted by the HO. After extension she was able to fill the same post again after 11 months gap but since new employee was hired the same job post (ware-house assistant) again existed from 12 months during extension period. Is she ok on this point too?

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CULLINAN
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Re: Tier 1 Entrepreneur ILR Job creation

Post by CULLINAN » Wed Apr 07, 2021 6:50 pm

Yes. Employees do not matter. As long the “job” existed for at least 12 months after extension it is okay. If a job exists and an employee leaves, it could be replaced by another employee does not matter as long the job existed min 12 months.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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