Tier 1 Entrepreneur Job Creation supporting documents

Oposum · Post by **Oposum** » Wed Dec 02, 2020 8:22 pm

I had to make 3 members of my staff redundant after Corona reduced our sales significantly, and there is a potential that one employee will take action against me, trying to prove that he didn't receive full notice period. Although this isn't correct, and he received 4 weeks while legally required to receive 2 weeks of pay by his contract, he is trying to claim that he wasn't aware of potential to be fired and therefore experienced significant financial loss which he expected the company to cover.

Long story short, since I am the director of LTD company, if he decides to pursue the case, are there any consequences for my status in the UK, either from perspective of ILR or Naturalisation?

Also, is there any difference if he makes claim against company or against me personally?

Finally, is there any difference in case I win or loose the hearing?

Thank you!

Post by **CULLINAN** » Wed Dec 02, 2020 9:11 pm

The employer is your company, not you (you and your company are different entities). The employee may lodge a compensation claim with employment tribunal against your company, if he/she wishes, obviously if he/she has strong grounds.
If you followed the correct procedure, you have nothing to fear. If you loose and employment tribunal asks you to pay compensation, then just pay right away. Do not let it linger after that point as you could be fined otherwise and that can cause problems.
Having said that, it is a stressful and costly process and many employees would not bother going that route without very strong evidence.
If you adhere to the employment tribunal’s instructions if you loose (and not fined if you ignore the instructions), it will have no affect on your ILR or AN.

Oposum · Post by **Oposum** » Wed Dec 02, 2020 9:29 pm

Thank you for very quick and very detailed answer!

Just to confirm, if he decides to put my name instead of company itself, I can ask for claim to be changed to company or dismissed?

Thank you!

Post by **CULLINAN** » Wed Dec 02, 2020 9:33 pm

Oposum wrote: ↑
Wed Dec 02, 2020 9:29 pm
Thank you for very quick and very detailed answer!

Just to confirm, if he decides to put my name instead of company itself, I can ask for claim to be changed to company or dismissed?

Thank you!

Your company is the employer not you. If these are the only grounds he can only claim against the employer i.e. the company not you.

Oposum · Post by **Oposum** » Wed Jan 06, 2021 10:40 pm

Hi,

I have switched from Tier 1 graduate entrepreneur visa to tier 1 entrepreneur visa, and will soon qualify to apply for ILR (accelerated route, 10+ jobs created).

When I switched my tier 1 graduate entrepreneur to tier 1 entrepreneur visa, my business was already running, there were already 14 employees, and I have invested more than 200k by then.

My following questions are:

1. If I have back than confirmed in my tier 1 entrepreneur application that business is genuine, and that funds have been invested and jobs created, do I need to prove investment again? If I don't have to, should I write the letter explaining that I already sent all the evidence that was accepted when I received my tier 1 entrepreneur visa?

2. Back than when I was applying my investment was 200k+, although 50k was needed for the new visa. Does this influence anything - If I had proof of let's say 300k back than, although I needed 50k, will it still be ok now for ILR or they will need to check it again?

Thank you!

Oposum · Post by **Oposum** » Mon Mar 01, 2021 12:15 pm

Hi,

I opened some topics about this (tier 1 to ILR) earlier but they have all been answered and locked which is why I am starting a new one.

I will be able to apply for ILR in afew months based on 10 jobs created route (accelerated). I read the guidance and saw that there is a table to fill with names, job start and end date etc - all is clear here.

However, can someone just please confirm what should I send as an evidence for these jobs? All individual payslips and fortnight overviews for the company? Anything else?

Also, should I provide all payslips since I received tier 1 graduate entrepreneur (it would be approximately 14 people, fortnightly, for 3 years, so a total of about 1,100 payslips and 78 fortnight salary summaries), or should it be only for this 12 month period? And as mentioned above, should I send anything else as well, such as employment contracts or any other document?

Finally, would it be the best to use the same 12 month period for all employees, so there can be no confusion if they perofremd the same job or just replaced someone else? If I use the same 12 months for everyone (for example 1.3.2019 - 1.3.2020) it seems to me that it automatically shows that all these people had actual jobs, independent of each other.

Thanks!

Post by **zimba** » Mon Mar 01, 2021 2:41 pm

The evidence should cover the periods you are claiming points for only. Multiple jobs do not need to be in the same 12 month period. A job is NOT attached to an employee, it is a position or vacancy in your company filled by one or more employees for at least 12 months.

The guide is very clear on what needs to be sent: payslips, RTI submissions, etc

Post by **vinny** » Mon Mar 01, 2021 4:51 pm

Oposum wrote: ↑
Mon Mar 01, 2021 12:37 pm
Hi,

I have a similar situation where my unmarried partner had a few different visas. Specifically, this is our route:

December 2017 - November 2018: Both of us came to the UK in December 2017, I had Tier 1 Graduate Entrepreneur Visa and she was came as my dependent.

November 2018 - November 2021: I switched to Tier 1 Entrepreneur and hope to apply for ILR in November 2021. She was my dependent as tier 1 entrepreneur, and by November 2021 she will spend 1 year as dependent of tier 1 graduate entrepreneur and 3 years of tier 1 entrepreneur, for a total of 4 years.

So, her fifth year will be as my dependent while I have ILR. Can she still apply then one year after I receive my ILR and she spends her fifth year as ILR dependent instead of Tier 1 graduate entrepereneur / entrepreneur dependent which she was for the first 4 years?

We have always lived together and applied with the same address to all our visas. We never spent more than 30-40 days out of the UK in any given 12 month period.

Thank you!

Post by **vinny** » Mon Mar 01, 2021 4:55 pm

Switching to an ILR dependent under Appendix FM is inadvisable. It would reset her qualifying period for ILR. Best to continue on the same route.

Oposum · Post by **Oposum** » Mon Mar 01, 2021 10:39 pm

vinny wrote: ↑
Mon Mar 01, 2021 4:55 pm
Switching to an ILR dependent under Appendix FM is inadvisable. It would reset her qualifying period for ILR. Best to continue on the same route.

Thanks for quick answer!

So, just to clarify, in November 2021 I should apply for ILR and she should apply for extension of her current visa? Will she be able to extend her current visa which is "PBS Dependent Leave to Remain" when I apply for ILR? Her current dependent visa expires the same time as my 3 year tier 1 entrepreneur visa, in November this year.

Also, her first visa, when I was tier 1 graduate entrepreneur was "PBS Dependent Leave to Enter" for period Dec 2017-Dec 2018 and then when I switched to entrepreneur it also changed from leave to enter to leave to remain (as mentioned before).

All this being said, if I apply for ILR in November, will her 5 year period be calculated starting from end of 2017 or end of 2018?

Thanks!

Oposum · Post by **Oposum** » Mon Mar 01, 2021 11:15 pm

Just to confirm, I have searched and saw that only difference for leave to enter and leave to remain is where the applicant is applying from.

That being said, can she use both of these as valid period for ILR, and as mentioned above, when I am applying for ILR what should she apply for to keep the time period running?

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