10 employees accelerated route - questions

Hello,

I would like to know when is the earliest I can apply for ILR with my tier 1 Entrepreneur Visa. Here is my situation:

Studied in UK, and after some time home came to UK with Graduate Entrepreneur Visa. My timeline is:

- Came to UK in December 2017 as Tier 1 Graduate Entrepreneur, with idea only.

- In August 2018 started business and immediately hired more than 10 employees. I had more than 10 employees ever since and this will be the basis of my accelerated route.

- November 2018 switched from T1 Graduate Entrepreneur to T1 Entrepreneur and in my application demonstrated investment of over 200k. This visa is valid until November 2021 (3 years).

So, at the moment I am on T1 entrepreneur visa and I fill the criteria for accelerated route based on job creation. I always thought that I need to be on this visa for 3 years to apply for ILR, however I read today that criteria for accelerated ILR is that I currently have Tier 1 Entrepreneur Visa, that I created 10 jobs, and have been living in the UK for 3 years (without mentioning 3 years of tier 1 entrepreneur visa, just 3 years). Source: https://www.gov.uk/settle-in-the-uk/y/y ... eneur-visa

After reading all this, I am not sure if I have to wait to be 3 years on Tier 1 Entrepreneur Visa so I can apply in November 2021, or I can count the time of Tier 1 Graduate Entrepreneur as well and apply in December 2020 since at that moment I will have more than 10 full time jobs for more than 2 years and will be living in the UK for 3 years (one of which is under Tier 1 Graduate Entrepreneur)?

Thank you!

You need 3 years on tier 1 entrepreneur visa as far as I am aware. Tier 1 graduate doesn't count.

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

You asked the same question a year ago and you got advice then: https://www.immigrationboards.com/indef ... l#p1766734

Hi,

I have Tier 1 entrepreneur visa which was issued on 30th of November 2018. I would like to apply for ILR based on 10 jobs created in November 2021, which means that last 12 months required for those jobs starts in approximately 2 months.

Over the last 2 years I had on average 17 employees, however due to Corona that number fell down to 12 at the moment. I do not think that this number will go down since sales started recovering (I will probably have to hire some more people), however I have a potential problem at the moment - out of 12 employees 3 have BRP cards, and other 9 are EU nationals. I have about 2 months before period of last 12 months start so I have time to change situation if needed.

My questions are:

1. Are people on BRP counted as created positions? Specific BRPs are: 1x Tier 1 Dependent Visa, 1x EU Scheme - Pre Settlement, and 1x Tier 2 general visa.

2. For the person with tier 2 general visa, my company is sponsor as well, does that make any difference?

3. I originally had Graduate Entrepreneur visa and then I received investment by selling 33% of company before applying for "regular" tier 1 entrepreneur visa based on this investment. Since I am now owner of 2/3 of the business, do I still need to create 10 jobs or it needs to be 15 jobs (so my equity % equals creating 10 jobs).

Thank you!

Topics merged!! Please do NOT post ILR questions in the Tier 1 sub forum. Keep all your queries in ONE topic, i.e. this one.

1. Are people on BRP counted as created positions? Specific BRPs are: 1x Tier 1 Dependent Visa, 1x EU Scheme - Pre Settlement, and 1x Tier 2 general visa.

A BRP holder is only counted if they hold ILR. Tier 1 dependent is NOT counted as they are NOT a 'settled worker'. Tier 2 General also does NOT count as they are NOT a 'settled worker'. The same likely applies to EU Pre-Settled Status.

2. For the person with tier 2 general visa, my company is sponsor as well, does that make any difference?

Makes no difference. The guidance clearly states it must be a settled (ILR), British or EU citizen.

CR001, thanks for answer. I am aware that I need 3 years, that is why I am thinking now about last 12 months (in 2 months I am entering 3rd year).

Thanks for answering regarding BRP's

@zimba, I didn't ask the same question year ago, until a few days ago I didn't even know that BRPs might not count (which I guess is now confirmed). I did ask before about either timeline or dependents, but never about BRP employees, which was the point of this post. Thank you for all the good work on this forum, but at least you can read my question before stating that I am asking the same again.