Tier 1 Entrepreneur Visa , Transitional Arrangement ILR

mshakeel2002 · Post by **mshakeel2002** » Fri Jan 05, 2018 4:37 pm

Hello Everyone:
can anyone please guide me.

I got my Tier 1 Entrepreneur visa on 04-04-2013 (before Pre 6 April 2014 Transitional Arrangement). just before my visa was about to expire 6 months before i showed 4 employees (each working for 6 months each).

I got my extension on 11-05-2016. Now my visa is about to expire on 11-05-2018. i have one employee working from April 2017 (one job created).

BUT

for second job creation --- Since only 6 months are left now i am showing Two people both started on November 2017 and both will be working for 6 months(for second job creation).

My question is can i show one employee working for 12 months and other 2nd and 3rd employee working for 6 months each together? will it fill fill the requirement of showing two jobs created? and does do i fall under Transitional Arrangement during my ILR.

Thanks.

marcnath · Post by **marcnath** » Fri Jan 05, 2018 4:50 pm

Yes, you can

mshakeel2002 · Post by **mshakeel2002** » Sat Jan 06, 2018 1:51 pm

Hello marcnath many thanks for your reply, its only that Guide says only about:

• one worker for 24 months;
• one worker for 6 months and one for 18 months;
• 4 workers for 6 months each.

i thought above three are the only arrangements acceptable whereas my arrangement is

• One worker working for 12 months (one job created) and two workers working for 6 months each (both working along-side) (Second job created)

whats your opinion on it please.
Many Thanks

marcnath · Post by **marcnath** » Sat Jan 06, 2018 2:40 pm

mshakeel2002 wrote: ↑
Sat Jan 06, 2018 1:51 pm
Hello marcnath many thanks for your reply, its only that Guide says only about:

• one worker for 24 months;
• one worker for 6 months and one for 18 months;
• 4 workers for 6 months each.

i thought above three are the only arrangements acceptable whereas my arrangement is

• One worker working for 12 months (one job created) and two workers working for 6 months each (both working along-side) (Second job created)

whats your opinion on it please.
Many Thanks

Yes, the guidance lists those as examples.

However, that was not the condition befreo April 2014 and there are many cases in this forum where all kind of combinations have been approved by HO. It appears that HO is honoring the interpretation that existed before April 2014

mshakeel2002 · Post by **mshakeel2002** » Sat Jan 06, 2018 3:20 pm

Many Thanks , just one more question.

I entered in this route Tier 1 Entrepreneur on 04-04-2013(before 6th April 2014 ) but after that i got extension on 11-05-2016 (after 6th April 2014) .

so my question is now for my ILR on 11th April 2018, do you think PRE 6th april 2014 rules apply upon me or not? can i take advantage of Transitional Arrangement since my last extension was after 6th April 2014?

Many Thanks
God Bless you for your responses, ur very helpful.

10020132 · Post by **10020132** » Sat Jan 06, 2018 3:52 pm

The Pre 2014 arrangement works for all those who ENTERED the route before April 2014 irrespective of when they got their extension as lonng as you apply for ilr or extension before april 2019

marcnath · Post by **marcnath** » Sat Jan 06, 2018 5:16 pm

mshakeel2002 wrote: ↑
Sat Jan 06, 2018 3:20 pm
Many Thanks , just one more question.

I entered in this route Tier 1 Entrepreneur on 04-04-2013(before 6th April 2014 ) but after that i got extension on 11-05-2016 (after 6th April 2014) .

so my question is now for my ILR on 11th April 2018, do you think PRE 6th april 2014 rules apply upon me or not? can i take advantage of Transitional Arrangement since my last extension was after 6th April 2014?

Many Thanks
God Bless you for your responses, ur very helpful.

The transitional date is based on your application date of the first application to the route - as long as you applied before April 2014, which you obviously did, you will be under the transitional arrangement.

mshakeel2002 · Post by **mshakeel2002** » Sun Jan 28, 2018 8:35 pm

Hello everyone.

My ILR is due in May (5 year Tier 1), i just needed to know that since in SET 0 Form they ask about pay and wage

1) Do you think Payslips will be enough evidence or do i need to attach my FPS & Hourly wage & Bank statement that payment was received , etc ........ since we have to supply these documents to proove Job is created for Tier 1 Entrepreneur.

2) My wage increased in last 6 months from approximately £950 per month to £1100 per month, so in SET 0 form i should put my latest pay (£1100 per month before Tax) ?

3) Does it matter me the owner of business employed 2 employees only take £1100 per month since i am business consultant?

4) How many month wage slips i should send them 6 month , 1 year or for whole 5 years??

Any help will be much appreciated.
Many Thanks

mshakeel2002 · Post by **mshakeel2002** » Tue Jan 30, 2018 10:49 pm

Any one available to answer? thanks

zimba · Post by **zimba** » Tue Jan 30, 2018 11:08 pm

Payslips from last 3 months should be enough. It is not that important

marcnath · Post by **marcnath** » Wed Jan 31, 2018 1:28 am

mshakeel2002 wrote: ↑
Sun Jan 28, 2018 8:35 pm
1) Do you think Payslips will be enough evidence or do i need to attach my FPS & Hourly wage & Bank statement that payment was received , etc ........ since we have to supply these documents to proove Job is created for Tier 1 Entrepreneur.

Yes, payslips will be sufficient, as Zimba explained.

mshakeel2002 wrote: ↑
Sun Jan 28, 2018 8:35 pm
2) My wage increased in last 6 months from approximately £950 per month to £1100 per month, so in SET 0 form i should put my latest pay (£1100 per month before Tax) ?

Yes, you need to be truthful

mshakeel2002 wrote: ↑
Sun Jan 28, 2018 8:35 pm
3) Does it matter me the owner of business employed 2 employees only take £1100 per month since i am business consultant?

No, as long as you are paying minimum wage.

mshakeel2002 wrote: ↑
Sun Jan 28, 2018 8:35 pm
4) How many month wage slips i should send them 6 month , 1 year or for whole 5 years??

If this is related to your employees, you should send all the payslips for the months that you are claiming Job Creation. If it is for you, Zimba has answered that.

mshakeel2002 · Post by **mshakeel2002** » Sun Feb 04, 2018 2:53 pm

Hello:
Many thanks for your guidance.... God bless everyone of you.

Just one more question that:

> I am business consultant and about to apply for ILR, can i show job title of my employees as:
Job number 1 = Admin Officer
Job Number 2 = Business Development Executive

above both employees are on national minimum full time. or do i have got to hire someone with higher ranks such as Manager, Assistant Manager, etc...

Many Thanks

marcnath · Post by **marcnath** » Mon Feb 05, 2018 5:26 am

mshakeel2002 wrote: ↑
Sun Feb 04, 2018 2:53 pm
Hello:
Many thanks for your guidance.... God bless everyone of you.

Just one more question that:

> I am business consultant and about to apply for ILR, can i show job title of my employees as:
Job number 1 = Admin Officer
Job Number 2 = Business Development Executive

above both employees are on national minimum full time. or do i have got to hire someone with higher ranks such as Manager, Assistant Manager, etc...

Many Thanks

There are no conditions on job titles or roles

hamalt66 · Post by **hamalt66** » Mon Feb 05, 2018 10:56 am

zimba88 wrote: ↑
Tue Jan 30, 2018 11:08 pm
Payslips from last 3 months should be enough. It is not that important

Hi Zimba, can you please explain further? Provide only payslips not FPS? And only last 3 months not the whole year after extension for ILR application?

zimba · Post by **zimba** » Mon Feb 05, 2018 1:32 pm

I was talking about YOUR pay. No need for FPS

marcnath · Post by **marcnath** » Sun Feb 11, 2018 10:13 pm

mshakeel2002 wrote: ↑
Sun Feb 11, 2018 10:07 pm
Thanks , your post has actually helped me, i thought they add extra hours but it appears they dont. I need to apply for my ILR.

Can you guys please check if i am on right track ( i am Pre April 2014)

Job one >Sarah - 143 hours per month for 12 months (so if they consider 130 hours seems ok)
...........................................Total 1560 hours

Job Two> James - 138 hours per month for 5 month (so if they consider 130 hours = 650 hours)
Mike - 169 hours per month for 5 months (so if they consider 130 hours = 650 hours)
Oliver - 169 hours per month for 3 month (so if they consider 130 hours = 390 hours)
........................................Total 1690 hours
Job Two employees all three of them will be working together full time, so i am joining their hours they all will work between December 2017 till April 2018

Please advise.
Thanks

You should be posting your question in your own thread. But you have well exceeded the job creation requirements

CR001 · Post by **CR001** » Sun Feb 11, 2018 10:42 pm

marcnath wrote: ↑
Sun Feb 11, 2018 10:13 pm

mshakeel2002 wrote: ↑
Sun Feb 11, 2018 10:07 pm
Thanks , your post has actually helped me, i thought they add extra hours but it appears they dont. I need to apply for my ILR.

Can you guys please check if i am on right track ( i am Pre April 2014)

Job one >Sarah - 143 hours per month for 12 months (so if they consider 130 hours seems ok)
...........................................Total 1560 hours

Job Two> James - 138 hours per month for 5 month (so if they consider 130 hours = 650 hours)
Mike - 169 hours per month for 5 months (so if they consider 130 hours = 650 hours)
Oliver - 169 hours per month for 3 month (so if they consider 130 hours = 390 hours)
........................................Total 1690 hours
Job Two employees all three of them will be working together full time, so i am joining their hours they all will work between December 2017 till April 2018

Please advise.
Thanks
You should be posting your question in your own thread. But you have well exceeded the job creation requirements

Users post in this Tier 1 Ent topic edited (click) and your reponse plus OPs quote moved to ILR topic where it is now.

mshakeel2002 · Post by **mshakeel2002** » Sun Feb 11, 2018 11:42 pm

Guys I am a bit freaked out , need some advise please.

I am about to hire a person he is a student in UK and will be working for me Full time for 30 hours for job creation reason. But he ONLY hold Italian Passport, (he does not have any permit and i dont know if it is needed)..... Can i hire him and claim job creation points , is he a settled worker with just a passport in hand?

Secondly:
I hired a person he is a Pakistani Passport Holder but his Biometric Visa Card says:
Type of permit : Leave to remain
remarks: work permitted
his visa is valid from 2015 Untill 2018
(Is he a settled worker ?) ... can i claim points for job creation since i hired him for 12 months already.

Thanks

seasky · Post by **seasky** » Mon Feb 12, 2018 1:31 am

mshakeel2002 wrote: ↑
Sun Feb 11, 2018 11:42 pm
Guys I am a bit freaked out , need some advise please.

I am about to hire a person he is a student in UK and will be working for me Full time for 30 hours for job creation reason. But he ONLY hold Italian Passport, (he does not have any permit and i dont know if it is needed)..... Can i hire him and claim job creation points , is he a settled worker with just a passport in hand?

Secondly:
I hired a person he is a Pakistani Passport Holder but his Biometric Visa Card says:
Type of permit : Leave to remain
remarks: work permitted
his visa is valid from 2015 Untill 2018
(Is he a settled worker ?) ... can i claim points for job creation since i hired him for 12 months already.

Thanks

.
Italian is absolutely fine.
Second one is not settled and cannot claim points. You need indefinite leave to remain.

seasky · Post by **seasky** » Mon Feb 12, 2018 2:01 am

"Job Number 2 = Business Development Executive

above both employees are on national minimum full time. "

Biz dev exec on min wage? Good luck on that...

marcnath · Post by **marcnath** » Mon Feb 12, 2018 6:55 am

mshakeel2002 wrote: ↑
Sun Feb 11, 2018 10:07 pm
Thanks , your post has actually helped me, i thought they add extra hours but it appears they dont. I need to apply for my ILR.

Can you guys please check if i am on right track ( i am Pre April 2014)

Job one >Sarah - 143 hours per month for 12 months (so if they consider 130 hours seems ok)
...........................................Total 1560 hours

Job Two> James - 138 hours per month for 5 month (so if they consider 130 hours = 650 hours)
Mike - 169 hours per month for 5 months (so if they consider 130 hours = 650 hours)
Oliver - 169 hours per month for 3 month (so if they consider 130 hours = 390 hours)
........................................Total 1690 hours
Job Two employees all three of them will be working together full time, so i am joining their hours they all will work between December 2017 till April 2018

Please advise.
Thanks

If you have three employees working at the same time, it is better to list them as separate jobs.
Since you are pre-April 2014, there is no requirement for a job to last for 12 months.
If you list them all under Job Two, then the CW does have the right to limit the max hours each month to 130 and so give you only 130 x 5 = 650 hours for all three employees together.
If they are listed as separate jobs, then the CW has to add them up.

mshakeel2002 · Post by **mshakeel2002** » Mon Feb 12, 2018 10:24 am

seasky wrote: ↑
Mon Feb 12, 2018 1:31 am

mshakeel2002 wrote: ↑
Sun Feb 11, 2018 11:42 pm
Guys I am a bit freaked out , need some advise please.

I am about to hire a person he is a student in UK and will be working for me Full time for 30 hours for job creation reason. But he ONLY hold Italian Passport, (he does not have any permit and i dont know if it is needed)..... Can i hire him and claim job creation points , is he a settled worker with just a passport in hand?

Secondly:
I hired a person he is a Pakistani Passport Holder but his Biometric Visa Card says:
Type of permit : Leave to remain
remarks: work permitted
his visa is valid from 2015 Untill 2018
(Is he a settled worker ?) ... can i claim points for job creation since i hired him for 12 months already.

Thanks
.
Italian is absolutely fine.
Second one is not settled and cannot claim points. You need indefinite leave to remain.

Hi:
thanks for your comment why second one is not settled, since he is allowed to work as many hours as he wants to in UK and he can also do his own business. there is no work restriction for him? i am worried now.

marcnath · Post by **marcnath** » Mon Feb 12, 2018 10:32 am

mshakeel2002 wrote: ↑
Mon Feb 12, 2018 10:24 am

seasky wrote: ↑
Mon Feb 12, 2018 1:31 am

mshakeel2002 wrote: ↑
Sun Feb 11, 2018 11:42 pm
Guys I am a bit freaked out , need some advise please.

I am about to hire a person he is a student in UK and will be working for me Full time for 30 hours for job creation reason. But he ONLY hold Italian Passport, (he does not have any permit and i dont know if it is needed)..... Can i hire him and claim job creation points , is he a settled worker with just a passport in hand?

Secondly:
I hired a person he is a Pakistani Passport Holder but his Biometric Visa Card says:
Type of permit : Leave to remain
remarks: work permitted
his visa is valid from 2015 Untill 2018
(Is he a settled worker ?) ... can i claim points for job creation since i hired him for 12 months already.

Thanks
.
Italian is absolutely fine.
Second one is not settled and cannot claim points. You need indefinite leave to remain.
Hi:
thanks for your comment why second one is not settled, since he is allowed to work as many hours as he wants to in UK and he can also do his own business. there is no work restriction for him? i am worried now.

It should be fine. What visa is he on ? Dependant visa ?

mshakeel2002 · Post by **mshakeel2002** » Mon Feb 12, 2018 10:37 am

marcnath wrote: ↑
Mon Feb 12, 2018 10:32 am

mshakeel2002 wrote: ↑
Mon Feb 12, 2018 10:24 am

seasky wrote: ↑
Mon Feb 12, 2018 1:31 am

mshakeel2002 wrote: ↑
Sun Feb 11, 2018 11:42 pm
Guys I am a bit freaked out , need some advise please.

I am about to hire a person he is a student in UK and will be working for me Full time for 30 hours for job creation reason. But he ONLY hold Italian Passport, (he does not have any permit and i dont know if it is needed)..... Can i hire him and claim job creation points , is he a settled worker with just a passport in hand?

Secondly:
I hired a person he is a Pakistani Passport Holder but his Biometric Visa Card says:
Type of permit : Leave to remain
remarks: work permitted
his visa is valid from 2015 Untill 2018
(Is he a settled worker ?) ... can i claim points for job creation since i hired him for 12 months already.

Thanks
.
Italian is absolutely fine.
Second one is not settled and cannot claim points. You need indefinite leave to remain.
Hi:
thanks for your comment why second one is not settled, since he is allowed to work as many hours as he wants to in UK and he can also do his own business. there is no work restriction for him? i am worried now.
It should be fine. What visa is he on ? Dependant visa ?

Hello:
I just know that his passport is Pakistani Passport and i have copies of his biometric card which says following:
Type of permit : Leave to remain
remarks: work permitted

It does not say anything else, and he will be applying for ILR in April 2018. Please marcnath tell me is he a settled worker beacase i hired him for 12 months and now i only have 3 months left for my ILR.

CR001 · Post by **CR001** » Mon Feb 12, 2018 11:00 am

mshakeel2002 wrote: ↑
Mon Feb 12, 2018 10:37 am

marcnath wrote: ↑
Mon Feb 12, 2018 10:32 am

mshakeel2002 wrote: ↑
Mon Feb 12, 2018 10:24 am

seasky wrote: ↑
Mon Feb 12, 2018 1:31 am

.
Italian is absolutely fine.
Second one is not settled and cannot claim points. You need indefinite leave to remain.
Hi:
thanks for your comment why second one is not settled, since he is allowed to work as many hours as he wants to in UK and he can also do his own business. there is no work restriction for him? i am worried now.
It should be fine. What visa is he on ? Dependant visa ?
Hello:
I just know that his passport is Pakistani Passport and i have copies of his biometric card which says following:
Type of permit : Leave to remain
remarks: work permitted

It does not say anything else, and he will be applying for ILR in April 2018. Please marcnath tell me is he a settled worker beacase i hired him for 12 months and now i only have 3 months left for my ILR.

If he does not hold ILR, he is NOT a settled worker and does not count. He only holds a limited leave to remain visa.

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