Accelerated ILR Route- Job Creations Rules Clarification

piercebody · Post by **piercebody** » Fri Jun 21, 2019 6:54 pm

Hi,
@Marcnath or any one can you please clear this as I am planning to take 4 employees now and planning to hire minimum 12 jobs in three year time.

Now I have found 4 good staffs and want to them to continue for 3 years. Let say employees E1, E2, E3,E4 and planning for the jobs J1,J2 J3,J4. Just wanted to clear that if E1 exist for 3 years will it be considered as three jobs as I don't want to change the staffs and maintain a big records for each one.

Option1:
Keep J1,J2,J3.J4 for E1, E2, E3,E4 for three years and will it be counted as 12 jobs .?

Option 2:
Create J1,J2,J3 to J12 and rotate the employees for each jobs for 12 months...??
ie. Let E1 stay as Sales Executive for the first year and Sales Manager for the second year and Office Manager for the third year..?

Can the same employee exist in the same job for three years how does the guidelines treat this case.??
Hope you got my question and can you please clear this..??

Kind Regards,
Matt.

marcnath · Post by **marcnath** » Sun Jun 23, 2019 11:42 am

piercebody wrote: ↑
Fri Jun 21, 2019 6:54 pm
Hi,
@Marcnath or any one can you please clear this as I am planning to take 4 employees now and planning to hire minimum 12 jobs in three year time.

Now I have found 4 good staffs and want to them to continue for 3 years. Let say employees E1, E2, E3,E4 and planning for the jobs J1,J2 J3,J4. Just wanted to clear that if E1 exist for 3 years will it be considered as three jobs as I don't want to change the staffs and maintain a big records for each one.

Option1:
Keep J1,J2,J3.J4 for E1, E2, E3,E4 for three years and will it be counted as 12 jobs .?

Option 2:
Create J1,J2,J3 to J12 and rotate the employees for each jobs for 12 months...??
ie. Let E1 stay as Sales Executive for the first year and Sales Manager for the second year and Office Manager for the third year..?

Can the same employee exist in the same job for three years how does the guidelines treat this case.??
Hope you got my question and can you please clear this..??

Kind Regards,
Matt.

You are expected to create 10 jobs for the accelerated route. Each job has to last for a minimum of 12 months. Additional months DO NOT create additional jobs.

So, option 1 is clearly out of question.

Option 2 gets very close to fraud. In theory, that would be in line with the rules but it has the possibility of a perception of creating job titles just to get to the requirement. It is unlikely that it will be accepted. So your best case is that your ILR is rejected. Your worst case is that you would be determined to be artificially creating job titles and that could lead to be decision of fraud with curtailment of your visa and no possibility of getting one for a long time.

And that would be true even if you change all four employees each year and hire others with new job titles. Businesses do normally just have a 100% change of jobs each year.

piercebody · Post by **piercebody** » Sun Jun 23, 2019 3:15 pm

Thanks a lot for your cautious advice and if not I would have end up in a wrong way.

As you might have seen many people success in their accelerated ILR can you please give me an example of what could be the best scenario..? I hope my business have chance to recruit 10+ people but wanted to proceed in a acceptable way for an accelerated ILR root rather than worrying at the end of 3 years.

Basically I don't want to give a chance to CW to pick up some issues which may cause lot of stress in the end.
Different solicitors offering so many ideas which creates more confusions only rather than the best approach to proceed to achieve the accelerated route. Thanks again for your great supports.

marcnath · Post by **marcnath** » Sun Jun 23, 2019 5:46 pm

piercebody wrote: ↑
Sun Jun 23, 2019 3:15 pm
Thanks a lot for your cautious advice and if not I would have end up in a wrong way.

As you might have seen many people success in their accelerated ILR can you please give me an example of what could be the best scenario..? I hope my business have chance to recruit 10+ people but wanted to proceed in a acceptable way for an accelerated ILR root rather than worrying at the end of 3 years.

Basically I don't want to give a chance to CW to pick up some issues which may cause lot of stress in the end.
Different solicitors offering so many ideas which creates more confusions only rather than the best approach to proceed to achieve the accelerated route. Thanks again for your great supports.

It is simple - just be genuine. If your business creates 10 jobs (not employees) then you are eligible. Otherwise you are not. There have been very few accelerated ILR cases in this forum and they are cases where they have created more than 10 jobs.

A quick test would be if you are going to have 10 employees or more employed at the same time for a good part of the 12 month requirement - that would make it difficult for HO to dispute they are 10 different jobs.

piercebody · Post by **piercebody** » Mon Nov 04, 2019 9:49 am

Hello Marcnath,

Today I am planning to move my personnel investment to my company account ( 200K).
Do you think if I invest more it will add any extra value to application let say 300K.

I have checked the extension application as it specifically ask for how much investment made into the company..?? Please share your thoughts.

Kind Regards,

marcnath · Post by **marcnath** » Mon Nov 04, 2019 10:06 am

piercebody wrote: ↑
Mon Nov 04, 2019 9:49 am
Hello Marcnath,

Today I am planning to move my personnel investment to my company account ( 200K).
Do you think if I invest more it will add any extra value to application let say 300K.

I have checked the extension application as it specifically ask for how much investment made into the company..?? Please share your thoughts.

Kind Regards,

If you are investing more than 200K and the company does not need it, I would start wondering if you were genuine

piercebody · Post by **piercebody** » Wed Nov 06, 2019 6:37 pm

Thank you Marcnath and I got your point and made my investment today as a director loan.
Can you please send/update me if you have any good format of Director Loan Agreement. I checked few posts in this forum and looks like the wrong/missing wordings in the agreement cause them lot of troubles.

I always give more value to your update than my accountant & Solicitor suggestions. Please update or refer any forum post to follow for the correct director loan agreement template.

Kind Regards,
Matt.

aman90 · Post by **aman90** » Wed Nov 06, 2019 7:41 pm

uk-tier-1-entrepreneur-visas/director-s ... l#p1200811

Used the first one for my case.

piercebody · Post by **piercebody** » Thu Nov 07, 2019 9:52 am

Thank you Aman90.

@Marcnath, Can you please confirm it.. Thanks.

piercebody · Post by **piercebody** » Thu Nov 07, 2019 8:03 pm

Just for anyone who follows this post. Reply from Marcnath from another Post ( Apologize.. I did not check it before I ask

. Thanks.

Standard Director Loan format or Template:-
There is no "right" format. The guideline says what should be included as a minimum - as long as those are included, you are ok

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Accelerated ILR Route- Job Creations Rules Clarification

Accelerated ILR Route- Job Creations Rules Clarification

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Re: Accelerated ILR Route- Job Creations Rules Clarification

Re: Accelerated ILR Route- Job Creations Rules Clarification

Re: Accelerated ILR Route- Job Creations Rules Clarification

Re: Accelerated ILR Route- Job Creations Rules Clarification

Re: Accelerated ILR Route- Job Creations Rules Clarification

Re: Accelerated ILR Route- Job Creations Rules Clarification

Re: Accelerated ILR Route- Job Creations Rules Clarification

Re: Accelerated ILR Route- Job Creations Rules Clarification