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Tier 1 entrepreneur ILR route employment and furlough

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

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khizar18
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Joined: Tue Mar 13, 2018 11:38 pm
Pakistan

Tier 1 entrepreneur ILR route employment and furlough

Post by khizar18 » Wed May 13, 2020 11:12 pm

Hi

I got my T1E visa (200K) extended last year and have kept all requirements up to date for ILR. However, during this pandemic, i have availed the government furlough grant starting from 23 march 2020 covering 8 days from march and a whole month of April 2020.

My question is:

a. Since i got my extension on 18 March 2019, does 12 month period of 2 settled workers considered to be covered from 18 march 2019 – 18 march 2020 OR it starts from 1 april 2019 – 31 march 2020. I transfer salary to my employees on every last day of the calendar month and i did transfer the salary of march 2020 on 31 march 2020 too but claimed furlough for the 8 days. Have i covered the requirement of 12 month period during 18 march 2019 to 18 march 2020 OR i have missed one whole month due to claim of furlough for 8 days of March 2020 (starting from 23 march 2020)??

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zimba
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Re: Tier 1 entrepreneur ILR route employment and furlough

Post by zimba » Wed May 13, 2020 11:29 pm

You cannot count the days your employee were furloughed for point scoring

uk-tier-1-entrepreneur-visas/impact-due ... l#p1893738
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

khizar18
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Posts: 11
Joined: Tue Mar 13, 2018 11:38 pm
Pakistan

Re: Tier 1 entrepreneur ILR route employment and furlough

Post by khizar18 » Wed May 13, 2020 11:43 pm

Thanks for your quick reply and clarification that the furlough period cannot be considered. However, my question is from when the 12 months will be considered or will start?

From 01 April 2019 to 31 March 2020 (In this scenario, I have missed one month as i availed furlough for 8 days from 23 march 2020 to 31 march 2020), Right?

OR

From 18 March 2019 to 18 March 2020 (since the guidance says that 2 jobs should be created for atleast 12 months from the grant of recent extension)

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zimba
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Re: Tier 1 entrepreneur ILR route employment and furlough

Post by zimba » Thu May 14, 2020 2:10 am

You have misunderstood the requirements and it seems have not read the guide properly. You need to create two positions where each existed for 12 months after the grant of extension BUT the 12 months period does NOT need to be continuous. As long as in each position you had 52 weeks of full-time employment you have satisfied the requirement. There is no starting point per se
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

khizar18
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Posts: 11
Joined: Tue Mar 13, 2018 11:38 pm
Pakistan

Re: Tier 1 entrepreneur ILR route employment and furlough

Post by khizar18 » Fri May 15, 2020 12:13 am

Thanks.

wanttostayintheuk
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United States of America

Re: Tier 1 entrepreneur ILR route employment and furlough

Post by wanttostayintheuk » Tue May 19, 2020 3:37 pm

I am confused about something - since he has already extended his visa, won't he be eligible for ILR before he has to meet any more requirements for the Tier 1 visa?

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zimba
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Re: Tier 1 entrepreneur ILR route employment and furlough

Post by zimba » Tue May 19, 2020 4:33 pm

wanttostayintheuk wrote:
Tue May 19, 2020 3:37 pm
I am confused about something - since he has already extended his visa, won't he be eligible for ILR before he has to meet any more requirements for the Tier 1 visa?
Job creation requirement applies at both extension and ILR stage
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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