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Tier 1 extension questions

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

KickStarter
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Posts: 6
Joined: Mon Jul 18, 2016 9:56 pm

Re: Tier 1 extension questions

Post by KickStarter » Thu Sep 01, 2016 2:47 pm

zimba88 wrote:Congratulations on your visa.
The only benefit you get by having transitional arrangements is that you can create a job/position that lasts less than 12 months. Bear in mind that a position can be fulfilled by multiple employees and need not be continuous. Example:

- Marketing manager position (3 months)
- Software engineer position ( 9 months)
- Sales manager position (8 months)
- HR manager position (4 months)

You have created 24 months of employment in 4 positions however NONE of the positions were for 12 months. Under transitional arrangements this is acceptable.
Hi "zimba88"

A question I have in regards to your above response is how will this be shown on the application form? Lets assume each job lasted for 6 months, will each role be represented in the separate sections?

Job number: 1
Job title: Marketing manager
Date post created: March 15 - AUg 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job:

Job number: 2
Job title: Software engineer
Date post created: March 15 -Aug 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job:

Job number: 3
Job title: Sales manager
Date post created: Feb 15 - July 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job:

Job number: 4
Job title: HR manager
Date post created: Feb 15 - July 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job:

or
Will these roles still be combined on the application form to make the equivalent of one full time role
eg
Job number: 1
Job title: Marketing manager
Date post created: March 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job: 2


Job number: 2
Job title: Software engineer
Date post created: March 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job: 1


Job number: 3
Job title: Sales manager
Date post created: Feb 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job: 4


Job number: 4
Job title: HR manager
Date post created: Feb 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job: 3

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zimba
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Re: Tier 1 extension questions

Post by zimba » Thu Sep 01, 2016 3:01 pm

The way you indicated the combinations of the jobs in red is correct. You create as many separate positions as you like but need to indicate how they are being added together. For Post April 2014 applicants, each position must last at least 12 months to be combined with any other position.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

KickStarter
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Posts: 6
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Re: Tier 1 extension questions

Post by KickStarter » Thu Sep 01, 2016 3:46 pm

ok thanks Zimba. much appreciated

paru.org
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India

Re: Tier 1 extension questions

Post by paru.org » Tue Sep 06, 2016 10:15 pm

hi zimba
how much maintenance fund is required for dependent, i have 2 of them and they just came in uk abt 2 months back, but i am here for more than 12 months., i think it is £ 630 for each of them and £945 for myself , m i right?
just to confirm?
thx

paru.org
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Posts: 203
Joined: Mon Dec 29, 2014 11:15 am
India

Re: Tier 1 extension questions

Post by paru.org » Wed Sep 07, 2016 4:57 am

hi zimba or someone expert
do i need any letter from accountant saying that 50k has been invested in this business by DL,
i didn't tookover any exisiting buz
and plz provide format of letters needded for xtension
1) dl ? where can i find sample format, any one who successfully applied, pls share their format of dl.
2) accountant letters

thx

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zimba
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Re: Tier 1 extension questions

Post by zimba » Wed Sep 07, 2016 8:51 am

paru.org wrote:hi zimba
how much maintenance fund is required for dependent, i have 2 of them and they just came in uk abt 2 months back, but i am here for more than 12 months., i think it is £ 630 for each of them and £945 for myself , m i right?
just to confirm?
thx
Yes
paru.org wrote:hi zimba or someone expert
do i need any letter from accountant saying that 50k has been invested in this business by DL,
i didn't tookover any exisiting buz
and plz provide format of letters needded for xtension
1) dl ? where can i find sample format, any one who successfully applied, pls share their format of dl.
2) accountant letters

thx
You do not need an accountant letter for investment as it is not in the rules.

1) search the forum, there are plenty of samples of DL
2) Accountant letter required only to confirm job creation if taken over or joined a business.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

fatguyslim
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Re: Tier 1 extension questions

Post by fatguyslim » Thu Apr 13, 2017 2:23 pm

Hey Zimba, sorry for bothering you again but I had to be clear about this Pre 6th April 2014 transitional arrangement query. Last month 3 of my employees have completed 8 months of full time work under my company. Their contract was for 8 months and will be up for renewal this month if I decide to keep them on. In the new guidance notes this is what it says

Pre 6 April 2014 transitional arrangement

178. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation):

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

The guidance notes seems to be giving only these three options as a valid way to qualify but nowhere does it say explicitly that I have to complete 24 months in whatever way I can. Please let me know where I can read the guidance notes suggesting I can complete the 24 month continuous employment in any way I like? Can an applicant employ 12 employees for a month and even then qualify for the ILR or an extension?

seasky
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Re: Tier 1 extension questions

Post by seasky » Thu Apr 13, 2017 2:44 pm

fatguyslim wrote:Hey Zimba, sorry for bothering you again but I had to be clear about this Pre 6th April 2014 transitional arrangement query. Last month 3 of my employees have completed 8 months of full time work under my company. Their contract was for 8 months and will be up for renewal this month if I decide to keep them on. In the new guidance notes this is what it says

Pre 6 April 2014 transitional arrangement

178. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation):

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

The guidance notes seems to be giving only these three options as a valid way to qualify but nowhere does it say explicitly that I have to complete 24 months in whatever way I can. Please let me know where I can read the guidance notes suggesting I can complete the 24 month continuous employment in any way I like? Can an applicant employ 12 employees for a month and even then qualify for the ILR or an extension?
It is clearly established that for transitional arrangement any variation of 24 person months is OK (even though the guidance only gives 3 examples). So yes 24 people for one months works. And of course 3 people 8 months each does to.

24 people for one months would (and should) be scrutinised strongly under genuine entrepreneur test. There seems plenty of evidence of people getting extensions when they only hired the minimum time (24 person months) but is there any reason you are letting all 3 move on? Suddenly your business does not need employees?

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zimba
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Re: Tier 1 extension questions

Post by zimba » Thu Apr 13, 2017 3:30 pm

The examples in the guide are just examples.
Before April 2014, the requirement was simply to create EQUIVALENT of 2 full time jobs for 12 months.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

fatguyslim
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Re: Tier 1 extension questions

Post by fatguyslim » Thu Apr 13, 2017 3:45 pm

It is clearly established that for transitional arrangement any variation of 24 person months is OK (even though the guidance only gives 3 examples). So yes 24 people for one months works. And of course 3 people 8 months each does to.
It is hard to establish whether the guidance is giving 3 examples or 3 options, which I can't tell at the moment.
24 people for one months would (and should) be scrutinised strongly under genuine entrepreneur test. There seems plenty of evidence of people getting extensions when they only hired the minimum time (24 person months) but is there any reason you are letting all 3 move on? Suddenly your business does not need employees?
Agreed 24 people employed for a month would be very dodgy indeed. But the nature of my business is such that it is a rapidly involving business and can go under at any point, depending on the upcoming regulations. For this reason I would like to have the permanent residence of this particular business outside the UK and have it run by a family member while I focus on other things. Well it doesn't matter will keep them on till I hear more from the government.

sm12
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Re: Tier 1 extension questions

Post by sm12 » Thu Apr 13, 2017 11:33 pm

The way the paragraph has been worded in the guidance makes the transitional agreement look like it consists of those three options, but they're supposed to be examples, like they were pre-April 2014.

fatguyslim
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Joined: Sat Oct 15, 2011 12:07 pm

Re: Tier 1 extension questions

Post by fatguyslim » Fri Apr 14, 2017 1:18 am

sm12 wrote:The way the paragraph has been worded in the guidance makes the transitional agreement look like it consists of those three options, but they're supposed to be examples, like they were pre-April 2014.
Exactly what I thought. Well I am not going to risk it will keep the employees on for the next few months just to be on the safe side

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