New Tier 1 Entrepreneur Guidance

Hello Guys,

The new Tier-1 entrepreneur policy guidance has been updated. I was shocked to see Tier-1 Accelerated Route Section for job creation. They changed completely. Specially page no 52. We were thinking that accelarated route can also mix and match employee under transitional arrangement but home office said NO clearly for this scenario. Please look page 52 as this is very important info for many applicants.

They need to create 10 jobs for 12 month each. They cannot mix and match even got their initial visa under transitional arrangement.

https://www.gov.uk/government/publicati ... trepreneur

I am not sure where it says you can not mix hours of full time jobs.

You will still be able to combine full time jobs. You need to have 120 months of full time jobs and each of these 10 jobs should be under one job title.

For example, if you employ Mr A as sales man for 2 months as full time, then he leave, you employ Mr B as Sales man for another 10 months as full time, you have created one 1 full time job and it meets HO guidance.


I have make below bold from guidance which needs to be taken into account and are key words.


Accelerated settlement and the transitional arrangement
171. The transitional arrangement does not apply to accelerated settlement applications where
you are applying on the basis of creating 10 jobs. The arrangement was introduced to ensure
consistency between the Immigration Rules and published guidance for extension
applications, and does not apply to applications for accelerated settlement.
172. The purpose of the accelerated settlement provision is to reward the most successful
entrepreneurs who have created the most benefit for the UK economy through significant job
creation.
173. Therefore, if you are applying for accelerated settlement on the basis of creating 10 jobs,
you may not combine the time periods together from different part time jobs, which have
existed for less than 12 months, to make the equivalent of a 12 month job.
174. So for example, if an employee had worked one month at full-time in one job, and another
employee had worked 11 months at full-time in another job, you could not combine these 2
jobs together to make the equivalent of one full-time job under accelerated settlement –
because the jobs being combined have not existed for 12 months each. If you are applying
under accelerated settlement on the basis of 10 jobs, the creation of 10 individual jobs for 10
settled workers for 12 months is the minimum benchmark for meeting this threshold.
175. The documentation to evidence the 10 full-time positions is the same as for an extension
application.

My understanding is all it is saying to have full time employees.

There is no way you can keep any employee for any certain period, they can leave at any time.

You as director have control on job titles, so if you have 120 months of full time jobs, as an example you can get sales man for 60 months, customer adviser for another 60 months depending on nature of your business.

It affects those who have part time employees and they can no longer combine them.

According to the new guidance:
JOb creations section:

A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year) providing it is the same job (different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period), and the jobs need not exist at the date of application, provided they have existed for 12 months.

On the other hand it says:

Pre 6 April 2014 transitional arrangement
169. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a 5 year settlement application, 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
and score points for job creation.


I m on tier Ent since 2013 and i have created the following job creation:
6 months- 1st employe
12 months- 2nd employe
6 months- 3rd employee

So i believe the above should be ok where as the first paragrah is a confusion now.

Please advise?

Regards
IR

I said it many times on this forum that you should not confuse a job with number of employees hired. Good thing is now the guide cleared that up. You can hire multiple employees to complete a SINGLE JOB.
For accelerated route you need 10 separate jobs that lasted for full 12 months BUT each job can be completed by multiple employees. It cannot get clearer than this to be honest.

Thanks Zimba,

This sentence was actually a confusion.

(different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period).

Hello Zimba,

But how to do we go about proving that it is same job which is completed by several full time employees?

Say you have 5 employees as full time in Jan, in June 3 of them leave and you employ another 4 as full time in July, how would you prove that out of these 4, 3 were continuity and covering previous posts?

Please post an answer with some example as you seem to have good understanding.

irana2015 wrote:This sentence was actually a confusion.

(different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period).

You create 3 jobs, a PR manager for 4 months, a secretary for 4 months and an IT person for another 4 months. You technically created 3 jobs each lasting 4 months only. You CANNOT make these 12 months count as a single JOB unless under transitional arrangement. Transitional arrangement applies ONLY to extension or 5 year ILR for people who entered the route before 6 April 2014 .
This is NOT acceptable by HO for post April 2014 applicants and accelerated ILR.

You create 1 job, a sales manager but hire 3 different people to complete that job. One sales manager works for 3 months, another replaces him for 5 months and then next year an extra 4 months is done by another employee in the same position.
You technically created a SINGLE JOB which was completed by multiple employees. HO accepts this as a single 12 months JOB/POSITION.

helpingperson wrote: But how to do we go about proving that it is same job which is completed by several full time employees?

Say you have 5 employees as full time in Jan, in June 3 of them leave and you employ another 4 as full time in July, how would you prove that out of these 4, 3 were continuity and covering previous posts?

Please post an answer with some example as you seem to have good understanding.

You need to give the position and employee title. You can now see how you have to show this as given on the last page of the current guide.

Thanks Zibma for clearing the confusion in a brilliant way

Regards,
IR

Hello Zimba,

Thank you.

What if one full time employee worked more than 12 months, will extra months count towards this job creation?

helpingperson wrote: What if one full time employee worked more than 12 months, will extra months count towards this job creation?

In what context ?
HO says it should be at least 12 months. If one job is created for 18 months and a second job created for 6 months (or even if one job lasted 24 months) you can claim these as two full time jobs for your extension or 5 year ILR if you entered the route before 6 April 2014.

For post April 2014 and accelerated ILR, each job must last at least 12 months. For example an employment which lasted for 24 months is NOT counted as two jobs.

Accelerated route:

Where it says jobs lasted full time for 24 months won't be counted as 2 jobs?

Also what happens if you have a break in employment say you have employee working in Jan who works 3 months, he leaves in March, you then again employ someone to cover this position in June who works 9 months, will this be treated as 1 full time job? or will gap have any effect?

^^ The gap will not matter as long as they are doing the same job and have the same job title.

To be honest I am starting to repeat myself here

Where it says jobs lasted full time for 24 months won't be counted as 2 jobs?

The guide is clear that transitional arrangement does NOT apply for accelerated ILR.
An employee working for 24 months means you created ONE single JOB/POSITION not two. A PR manager working for 2 years is still ONE POSITION /JOB created. You need 10 separate JOBS/POSITIONS each lasting 12 months full time for accelerated ILR. It is really simple !

Also what happens if you have a break in employment say you have employee working in Jan who works 3 months, he leaves in March, you then again employ someone to cover this position in June who works 9 months, will this be treated as 1 full time job? or will gap have any effect?

A 12 month JOB/POSITION can be completed by MULTIPLE employees and the JOB itself does not need to be completed in consecutive 12 months. Immigration rules as well as the guide clearly cover this, please READ them.

zimba88 wrote:To be honest I am starting to repeat myself here

Where it says jobs lasted full time for 24 months won't be counted as 2 jobs?

The guide is clear that transitional arrangement does NOT apply for accelerated ILR.
An employee working for 24 months means you created ONE single JOB/POSITION not two. A PR manager working for 2 years is still ONE POSITION /JOB created. You need 10 separate JOBS/POSITIONS each lasting 12 months full time for accelerated ILR. It is really simple !

Also what happens if you have a break in employment say you have employee working in Jan who works 3 months, he leaves in March, you then again employ someone to cover this position in June who works 9 months, will this be treated as 1 full time job? or will gap have any effect?

A 12 month JOB/POSITION can be completed by MULTIPLE employees and the JOB itself does not need to be completed in consecutive 12 months. Immigration rules as well as the guide clearly cover this, please READ them.

Thanks for clearing it up, Zimba.

What if Mr. X worked as HR executive for the year 2013-2014, and is then promoted to Payroll manager for 2014-2015.... would that count as 2 job positions then? since the job titles are 2 different, but the person is the same.

confused90 wrote:What if Mr. X worked as HR executive for the year 2013-2014, and is then promoted to Payroll manager for 2014-2015.... would that count as 2 job positions then? since the job titles are 2 different, but the person is the same.

Common sense has to prevail here right ? That is only counted as one position.

Zimba's theorem of JOB creation : One employee can ONLY occupy ONE position, however a POSITION can be completed by multiple employees.

So If you have such an employee, you use his last title for all the period you are claiming for but enter the employment as two separate periods on the form, showing when the hourly rate has changed after promotion

Zimba,

Thank you.

It is about creation of positions and not about creation of independent employments.


If you have employee working full time, who works as Shop Manager for 12 months, then gets promotion and does another 12 months as Marketing Manager, you have created 2 positions, this is what HO requires as long as I understand.

Hi,

Could anyone please let me know if a part-time employee working since 24 months can be considered as 1 full time employee? Also I applied for my initial visa in jan 2013 but got after 6th april 2014. So in this scenario have I created 1 full time job?

Your quick reply is highly appreciated.

Thanks

Zimba still a confusion.
I am pre april 2014.

Employee 1 hired : oct-march2015
For 6 months

From april 2015 to april 2016( still continue) employee 2

From july- dec 2015 another employee

Does the above means i am not fulfilling the requirment. It
Is covering 24 months but confusion is following:

Emp1 Emp2. Emp3
Oct14.
Nov
Dec
Jan
Feb
Mar
.
Emp 2
Apr2015 started
Still continue

Emp3
July2015-dec2015

My extension is next month, does this means i have not
Covered 2 jobs but only covered 24 months.

Thanks
Ir

Please note emp 1 and emp 3 covered the same position.

irana2015 wrote:Please note emp 1 and emp 3 covered the same position.

you are fine being pre apr '14

helpingperson wrote: It is about creation of positions and not about creation of independent employments.

If you have employee working full time, who works as Shop Manager for 12 months, then gets promotion and does another 12 months as Marketing Manager, you have created 2 positions, this is what HO requires as long as I understand.

NO it is not about positions. Same person being employed for 24 months is considered two positions ONLY under transitional arrangements. For accelerated ILR and post April 2014, changing the position of a single person will not make them count as TWO jobs. You cannot play with words like job title to count a single employment as two jobs. That is obviously not the intention of HO job creation rules.

irana2015 wrote:Zimba still a confusion.
I am pre april 2014.

You are confused as you did not read the guide and do not pay attention about what is being discussed. I was generally having a discussion about post April 2014 and accelerated ILR rule.
For Pre April 2014 extensions, you are covered by transitional arrangements. You simply create 24 months of full time employment and you are good.

Hi, does anyone know what date is considered for transitional(pre 6 april 2014) arrangements? The date when we have applied for our visa originally or the date when we get visa(BRP)?

rajbhanu300 wrote:Hi, does anyone know what date is considered for transitional(pre 6 april 2014) arrangements? The date when we have applied for our visa originally or the date when we get visa(BRP)?

The date you applied as long as that application outcome was of course successful.