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Hiring plan confirmation

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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MrQuestion
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Clarification in T1E guidance

Post by MrQuestion » Fri May 14, 2021 11:49 am

Hello all,

I note in the current guidance, on the very first page, the following reference:

7) Applicants who hold leave as a Tier 1 (Entrepreneur) and have had their businesses disrupted as a
result of the Coronavirus (COVID-19) pandemic, no longer need to employ at least 2 people for 12
months in order to qualify for an extension. The 12 month period empoyment requirement can be
made up of multiple jobs across different months, but must be the equivalent to 2 full time jobs when
combined.

Question - they use the phrase, "...in order to qualify for extension". What about ILR? Just wondering if this is deliberate use of the word extension, or if this clause applies to all further applications. In my case, I'll be relying on this for ILR as my business has certainly been disrupted as a result of COVID.

Any help would be appreciated.
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zimba
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Re: Clarification in T1E guidance

Post by zimba » Fri May 14, 2021 12:41 pm

Applies to ILR too
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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MrQuestion
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Re: Clarification in T1E guidance

Post by MrQuestion » Sat May 15, 2021 3:50 pm

Thanks for confirming, Zimba.
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MrQuestion
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ILR & proof of investment funds

Post by MrQuestion » Sat May 22, 2021 11:14 am

Hello everyone. I've got a quick question/clarification on investment funds as they relate to ILR applications.

The guidance seems clear that proof of investment isn't required for ILR given that it was provided during extension:

'You do not need to provide evidence of this investment if you were awarded
points under this table in your last grant of entry clearance or leave to remain
as a Tier 1 (Entrepreneur) migrant'

If the funds won't be scrutinized again... can we repurpose those funds if required? Put more bluntly, can we take funds out of the company / repay director loans? If not, why? Do they still formulate part of the genuine entrepreneur test in some way?

Thanks for any assistance!
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zimba
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Re: ILR & proof of investment funds

Post by zimba » Sun May 23, 2021 12:41 am

You must maintain the investment until you get ILR
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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alexsunny123
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Joined: Sat Aug 28, 2021 11:44 am
Bahamas

Re: ILR & proof of investment funds

Post by alexsunny123 » Sat Aug 28, 2021 11:46 am

MrQuestion wrote: ↑
Sat May 22, 2021 11:14 am
 Hello everyone. I've got a quick question/clarification on investment funds as they relate to ILR applications.

The guidance seems clear that proof of investment isn't required for ILR given that it was provided during extension:

'You do not need to provide evidence of this investment if you were awarded
points under this table in your last grant of entry clearance or leave to remain
as a Tier 1 (Entrepreneur) migrant'

If the funds won't be scrutinized again... can we repurpose those funds if required? Put more bluntly, can we take funds out of the company / repay director loans? If not, why? Do they still formulate part of the genuine entrepreneur test in some way?

Thanks for any assistance!
thanks for the awesome information.
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marcnath
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Re: ILR & proof of investment funds

Post by marcnath » Sat Aug 28, 2021 12:27 pm

MrQuestion wrote: ↑
Sat May 22, 2021 11:14 am
 Hello everyone. I've got a quick question/clarification on investment funds as they relate to ILR applications.

The guidance seems clear that proof of investment isn't required for ILR given that it was provided during extension:

'You do not need to provide evidence of this investment if you were awarded
points under this table in your last grant of entry clearance or leave to remain
as a Tier 1 (Entrepreneur) migrant'

If the funds won't be scrutinized again... can we repurpose those funds if required? Put more bluntly, can we take funds out of the company / repay director loans? If not, why? Do they still formulate part of the genuine entrepreneur test in some way?

Thanks for any assistance!
I'll go in contradiction to @zimba on the "must". I haven't seen any requirement in the rules to make it a "must'.

It may be advisable based on other people's experience, though.

But if your business has generated enough revenue to pay back the loan I am quite sure it is not an issue to pay back the loan.
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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MrQuestion
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National minimum wage confirmation

Post by MrQuestion » Wed Sep 01, 2021 9:50 pm

Hello,

We're taking on an intern position later this month. As it happens the employee is 18 years of age.
I wanted to quickly confirm that the current minimum wage of 6.56/hour for those 18-20 will count towards the job creation criteria (versus the standard 8.91). The guidance seems clear in that the wage is subject to the National Minimum Wage standards, but I wanted to check.

Many thanks.
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zimba
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Re: National minimum wage confirmation

Post by zimba » Thu Sep 02, 2021 10:29 am

MrQuestion wrote: ↑
Wed Sep 01, 2021 9:50 pm
 Hello,

We're taking on an intern position later this month. As it happens the employee is 18 years of age.
I wanted to quickly confirm that the current minimum wage of 6.56/hour for those 18-20 will count towards the job creation criteria (versus the standard 8.91). The guidance seems clear in that the wage is subject to the National Minimum Wage standards, but I wanted to check.

Many thanks.
As long as you pay the national min wage you should be ok
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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MrQuestion
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Joined: Thu Dec 03, 2020 4:21 pm

Hiring plan confirmation

Post by MrQuestion » Mon Sep 06, 2021 1:53 pm

Hi there. Before I ask my question, I want to quickly thank the forum contributors for their consistent assistance with my other prior questions. You've made navigating the path to ILR much easier.

My prior questions involved the kickstart scheme, updated furlough provisions, and minimum wage confirmations, however I'm hoping to quickly confirm my overall plan for good measure.

The hiring details for which I intend to apply for ILR are currently:
  • Employee 1: Nov 30 2020 - Dec 5 2021 = 53 weeks (371 days) - Exceeds minimum wage requirements - Had been flexibly furloughed when required but always received 100% of their normal wage
  • Employee 2: Nov 30 2020 - Jan 31 2021 = 9 weeks (63 days) - Exceeds minimum wage requirements - Had been flexibly furloughed when required but always received 100% of their normal wage
  • Employee 3: May 17 2021 - Nov 17 2021 (planned) = roughly 26 weeks (184 days) - Kickstart scheme - Meets minimum wage requirements for age group 23+ (8.91/hour)
  • Employee 4: Sep 13 2021 - Nov 7 2021 (planned) = 8 weeks (56 days) - Temporary intern/assistant - Meets minimum wage requirements for age group 18-20 (6.56/hour)
  • Employee 5: Sep 13 2021 - Nov 7 2021 (planned) = 8 weeks (56 days) - Temporary intern/assistant - Meets minimum wage requirements for age group 18-20 (6.56/hour)
Between all 5 roles, 104 weeks of employment is achieved, or 730 days. If we define 365 days (or 52 weeks) as 12 months, this equates to 2 12-month roles. Minimum wage requirements are met for all 5, taking into consideration their age. One is involved in the kickstart scheme, 2 others are temporary interns/assistants to assist with an active project in Sep/Oct.

I'm basing all of this on:
  • The revised guidance suggesting that jobs no longer need to be for 2 people for 12 months each, but rather can be made up of multiple jobs across different months as long as it equates to 2 jobs.
  • Prior discussion on this forum around the likely acceptability of the kickstart scheme for use in job creation.
  • Prior discussion on this forum around minimum wage requirements, especially for those under 23.
Anything in the above that may cause issue? Any insight, as always, is hugely appreciated.
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marcnath
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Location: Milton Keynes

Re: Hiring plan confirmation

Post by marcnath » Mon Sep 06, 2021 2:07 pm

MrQuestion wrote: ↑
Mon Sep 06, 2021 1:53 pm
 Hi there. Before I ask my question, I want to quickly thank the forum contributors for their consistent assistance with my other prior questions. You've made navigating the path to ILR much easier.

My prior questions involved the kickstart scheme, updated furlough provisions, and minimum wage confirmations, however I'm hoping to quickly confirm my overall plan for good measure.

The hiring details for which I intend to apply for ILR are currently:
  • Employee 1: Nov 30 2020 - Dec 5 2021 = 53 weeks (371 days) - Exceeds minimum wage requirements - Had been flexibly furloughed when required but always received 100% of their normal wage
  • Employee 2: Nov 30 2020 - Jan 31 2021 = 9 weeks (63 days) - Exceeds minimum wage requirements - Had been flexibly furloughed when required but always received 100% of their normal wage
  • Employee 3: May 17 2021 - Nov 17 2021 (planned) = roughly 26 weeks (184 days) - Kickstart scheme - Meets minimum wage requirements for age group 23+ (8.91/hour)
  • Employee 4: Sep 13 2021 - Nov 7 2021 (planned) = 8 weeks (56 days) - Temporary intern/assistant - Meets minimum wage requirements for age group 18-20 (6.56/hour)
  • Employee 5: Sep 13 2021 - Nov 7 2021 (planned) = 8 weeks (56 days) - Temporary intern/assistant - Meets minimum wage requirements for age group 18-20 (6.56/hour)
Between all 5 roles, 104 weeks of employment is achieved, or 730 days. If we define 365 days (or 52 weeks) as 12 months, this equates to 2 12-month roles. Minimum wage requirements are met for all 5, taking into consideration their age. One is involved in the kickstart scheme, 2 others are temporary interns/assistants to assist with an active project in Sep/Oct.

I'm basing all of this on:
  • The revised guidance suggesting that jobs no longer need to be for 2 people for 12 months each, but rather can be made up of multiple jobs across different months as long as it equates to 2 jobs.
  • Prior discussion on this forum around the likely acceptability of the kickstart scheme for use in job creation.
  • Prior discussion on this forum around minimum wage requirements, especially for those under 23.
Anything in the above that may cause issue? Any insight, as always, is hugely appreciated.
Nothing very obvious that could cause a problem
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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