Job Creation.

I wonder if someone could explain?
When someone has to employee two people as part of job creation requirement, according to Policy guidance it says these people must be UK settled people. Could anyone please explain what would be settled people?
is it just British citizens, people holding indefinite leave to remain. Also if someone could employee say spouse of British citizen??

If someone has applied for extension for T1E, please do comment.
Thank you

People with ILR are eligible for employment job creation and spouse of British Citizen is not eligible unless she or he has British passport or ILR , My extension is in march 2016

Thank you for the reply. Very much appreciated.
Mine is in July next year. Good Luck to you.

Is it necessary for employee to be british national? Can I employ EU nationals?

softwareluv wrote:Is it necessary for employee to be british national? Can I employ EU nationals?

Yes

I employed Romanian people recently hope this will complete the requirement.

Ahmed25 wrote:I employed Romanian people recently hope this will complete the requirement.

That should be fine as Romania is now a full member of the EU.

By the way, does anyone know if, after extension, the applicant must fulfill the job creation criteria once again if a two-year extension is granted?

whiteroses wrote:
By the way, does anyone know if, after extension, the applicant must fulfill the job creation criteria once again if a two-year extension is granted?

The two job you have created during your initial leave has to be continued during the extension period as well otherwise you have to create two more jobs to meet this criteria.

Where did you read this Ahmed25?

Ahmed25 wrote:

whiteroses wrote:
By the way, does anyone know if, after extension, the applicant must fulfill the job creation criteria once again if a two-year extension is granted?

The two job you have created during your initial leave has to be continued during the extension period as well otherwise you have to create two more jobs to meet this criteria.

softwareluv wrote:Where did you read this Ahmed25?

Well this is my understanding from this point may be I am wrong.

Further extensions and ILR applications
If the applicant‘s last grant of leave before the current grant was as a Tier 1 (Entrepreneur)
(for instance, they are applying for a second extension):
 they do not need to demonstrate that they have created two more full-time paid jobs,
in addition to the two jobs created during the initial period of leave, if the two full time
positions created in the initial period of leave were maintained
 if the jobs from the initial leave no longer existing, they must show they have created
two new jobs which have existed for at least 12 months
For ILR applications, the same criteria apply unless the applicant is applying under the
accelerated ILR route.

https://www.gov.uk/government/uploads/s ... _0_EXT.pdf
page 79

They keep moving the goalposts

Hi Everyone,
i am still confused about about job creation as to hire 2 partime for 2 years or to hire 2 full time for one year as Pre 6 April 2014 transitional arrangement
165. If you successfully applied to enter the route before 6 April
2014, you may continue to
employ:
 one worker for 24 months
 one worker for 6 months and one for 18 months
 4 workers for 6 months each.

i am confused, does it mean only those who have been granted visa
before 6th April qualify for part time Job creation to score
extension points or do i also qualify for it as i applied in Feb
2013 and got refused in may 2013 and on appealing against the decision i visa was granted on the 15th of MAy 2014.
your reply and suggestions are highly regarded as i have not been
able to get a satisfactory answer by anyone not even the ukba help
desk , they just refer me back to the policy guidance which is the
actual cause of this confusion.

Atif786 wrote: i am confused, does it mean only those who have been granted visa
before 6th April qualify for part time Job creation to score
extension points or do i also qualify for it as i applied in Feb
2013 and got refused in may 2013 and on appealing against the decision i visa was granted on the 15th of MAy 2014.

You entered the route after 6 April 2014, so pre April 2014 transitional arrangements will NOT apply to you. You can hire part time employees but the hours can be added up ONLY if ALL of those the part time jobs existed for at least 12 months.
The main source of confusion is that the 12 months period refers to the duration of the JOB or the ROLE itself NOT each employees. This means that you can for example replace your employees but the JOB/ROLE period cannot be less than 12 months. Examples:

Pre April 2014: You can hire 4 full time employees for 6 months, this is a total of 4 Jobs/Roles for less than 12 months.
Post April 2014: You CANNOT have a role for less than 12 months. You must create 4 part time jobs each lasting at least 12 months each.

Make sure to read the example in item 163 from the guide.

Thanks a lot Zimba, point 163 how could i miss that point, i clears all my doubt regarding employment creation. amazing.
i have one more question regarding Employee payment record as evidence , i have posted it in the relevant thread ( FPS/ RTI) but if you allow me to post it here.
Thanks Everyone for the suggestions.
What is Employee Payment Record? is there any specific document for it.
is it necessary to submit Employee Payment Record ( Signed and Dated) as it's mentioned by the UKBA.
i am planning to submit P11 ( which do sent have any option for signature and date), Full payment submission along with FBS submission report which has submission date and time on it, and P60.
wiil that be enough or do i need to look for employee payment record as well.
thanks

Kindly do not morph this thread into another topic - that makes no sense at all.

Suggest you start with the guidance as, as you have discovered, the answer to previous question was to be found in guidance too.

i am sorry, i am gong to delet it straight away.

sorry can't find option to delete it, i'll keep it in mind for the next time.

British, EU or UK permanent resident employees.

HI

Post April 2014 Tier 1 E via £200K route - I have couple of queries:
1- Can we have 5 staff for 2 years to fulfill 10 job creation requirement? Or it has to be 10 roles for 12 months each.

2-I am acquiing a business which already have 5 staff - those who are already employed won't be counted - is this correct please confirm.
This means to fullfil visa requirement we have to create additional roles.

Thanks

Ambreen

1- Can we have 5 staff for 2 years to fulfill 10 job creation requirement? Or it has to be 10 roles for 12 months each.

No. Transitional arrangements do NOT apply to accelerated ILR. This is now clear in the guide as you must create 10 separate jobs each for at least 12 months

2-I am acquiing a business which already have 5 staff - those who are already employed won't be counted - is this correct please confirm.This means to fullfil visa requirement we have to create additional roles.

Yes, you need to create two extra jobs as the NET increase to the jobs must be at least two. So if someone leaves the company and a job is lost, you must create an extra job in addition to the two jobs to maintain 7 jobs.

Many thanks Zimba 88.

I am acquiring an existing restaurant which opened last year but selling due to partnership issues – they have 5 staff on the books.
I am just buying the lease and assets and will start new but similarly branded restaurant via my own company. Please to hire couple of existing staff especially most expensive one the chef!
In this circumstance because chef was also working for old business now they won’t be counted as a job creation for my business? Thus, I need to create at least 2 new roles for minimum of 12 months? Isn’t it?

Thanks

Ambreen

Yes, you need two new roles. Any existing jobs in the business after your take over will NOT be counted towards your job creation requirement. You must create TWO EXTRA jobs on top of any existing ones, keeping the net employment increase at min two. So after you join, you must create two EXTRA jobs. If any of the jobs cease to exist, you must create another job to keep the NET increase of employment at min of two.

*** ALSO *** Any money spent on buying the business from previous owner is not counted towards your investment. Bear that in mind.

zimba88 wrote:

1- Can we have 5 staff for 2 years to fulfill 10 job creation requirement? Or it has to be 10 roles for 12 months each.

No. Transitional arrangements do NOT apply to accelerated ILR. This is now clear in the guide as you must create 10 separate jobs each for at least 12 months

2-I am acquiing a business which already have 5 staff - those who are already employed won't be counted - is this correct please confirm.This means to fullfil visa requirement we have to create additional roles.

Yes, you need to create two extra jobs as the NET increase to the jobs must be at least two. So if someone leaves the company and a job is lost, you must create an extra job in addition to the two jobs to maintain 7 jobs.

Hi zimba can one worker who has worked for 10 months with a total hour of 1550 be counted as a full time one created in the transitional arrangement ?

No, you need min of 52 weeks of work each only 30 hours. The transitional arrangements allows you to have a position which is NOT 12 months to be mixed with others to reach the 52 weeks mark. For example 6 workers working 4 months is acceptable as you totally created 24 months of employment.

See also: http://www.immigrationboards.com/uk-tie ... l#p1418429