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Kickstart Scheme

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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hsinzx
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Kickstart Scheme

Post by hsinzx » Sun Aug 22, 2021 7:58 pm

Please be aware of using the kickstart scheme as "job creation".

It is very clear that from the website, that :

Job criteria
The jobs created with Kickstart Scheme funding must be new jobs. They must not:

replace existing or planned vacancies
cause existing employees, apprentices or contractors to lose work or reduce their working hours


Which means, when you have obtained your VISA prior to 2nd September 2020; i.e. ALL T1E visa holders, there would have been a REQUIREMENT to create 2 JOBs.

Since the kickstart grant is very specific that you CANNOT replace existing or planned vacancies, it is very clear that you CANNOT use the grant to create the job as your visa as a T1E should have had already had 2 vacancies. Therefore you cannot claim job creation with the kickstart scheme.

MrQuestion
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Re: Kickstart Scheme

Post by MrQuestion » Fri Aug 27, 2021 1:19 pm

This is a very interesting take on the Kickstart Scheme. Prior discussion with Marcnath on this forum resulted in the opinion that the scheme would be acceptable.

Some of his prior feedback:

"This has not been clearly specified but I can't see why it would not be accepted. It still meets the objective of creating new jobs for UK settled workers. And you still have to make your investment into the business."

and...

"Apprentices for who government was giving a grant and having a lower minimum hour wage have been accepted. I really see no reason why the government would change the criteria for this."

Given that the Kickstart monthly grant is given completely independently from the payroll process, I would also ponder how the Home Office would connect the two?

If any of the moderators or other forum contributors can weigh in, it would be hugely appreciated. My company has, at the moment, taken on a Kickstarter and we had intended on using them for the job creation requirement. If the opinion is that this is NOT actually possible, we're going to have to scramble to change things.

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marcnath
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Re: Kickstart Scheme

Post by marcnath » Sat Aug 28, 2021 9:23 am

@hsinx has raised an interesting point.

If the full logic @hsinx has set out is accepted, the jobs would not qualify of Kickstarter in the first place. The criteria he/she quoted is for the kickstarter scheme, not for Tier 1 Entrepreneur visa. So, once an employee has been accepted to the kickstarter scheme, HO cannot be disqualifying that job. Of course, HO can always claim that the kickstart scheme was fraudulently used but, in my opinion, they would have to meet the barrier of proving that if challenged.

Bottom line, I still don't think HO can reject the job SOLELY because it was hired under the kickstart scheme.

I also disagree with the second part of the argument - "as your visa as a T1E should have had already had 2 vacancies". The visa does not come with any job vacancies. Nor is creation of jobs a condition of the Visa grant. It is only a condition of visa extension/settlement. If a Tier 1 E visa holder does not employ a single person during the initial 3 years 4 months, it is not a disqualification. Just that his/her extension will not be granted.

Of course, I can't speculate what HO might or might not do. So they could always follow @hsinx's logic. But strictly looking at the rules, I very much doubt any such rejection will stand up to court scrutiny.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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