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How is the job creation measured?

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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T1Entre
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Joined: Fri Feb 04, 2022 7:48 am

How is the job creation measured?

Post by T1Entre » Fri Feb 04, 2022 8:09 am

Hello Mods

T1E Business couldn't start due to Covid, and has only started in Nov 21. Extension is due Sep 22.

While the other criteria will be met, job creation is going to create stress. My questions after looking at the Covid concession updates:

1) If we take 2 part time employees (40 hrs/mth each ) i.e. total 80 hrs / mth from now to Sep 22, would it help in the criteria for extension? Any one month wont be a full time equivalent, but this is 640 hours of employment.

2) If we take 3 part time employees to total 130 hrs / mth from now to Sep 22, would it help if above does not?

3) Eventually when we have to employ 2 full time equivalent employees by Sep 22 and beyond (Ext to ILR), can this be a mix of part-timers? Or does the criteria change to actual full time employees at time of extension/ ILR?

4) Do scenarios 1 and 2 help in the additional 12 months of employment required (i.e. 24 mth total ) from ext to ILR? Or would we need 24 months of 2 full time employees only in the period from ext to ILR, and hence not be able to utilise any employment periods before extension?

Pl clarify. The guidance is not very clear unfortunately, and these are critical calls.

Thanks in advance

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marcnath
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Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: How is the job creation measured?

Post by marcnath » Tue Feb 08, 2022 3:41 am

T1Entre wrote:
Fri Feb 04, 2022 8:09 am
Hello Mods

T1E Business couldn't start due to Covid, and has only started in Nov 21. Extension is due Sep 22.

While the other criteria will be met, job creation is going to create stress. My questions after looking at the Covid concession updates:

1) If we take 2 part time employees (40 hrs/mth each ) i.e. total 80 hrs / mth from now to Sep 22, would it help in the criteria for extension? Any one month wont be a full time equivalent, but this is 640 hours of employment.

2) If we take 3 part time employees to total 130 hrs / mth from now to Sep 22, would it help if above does not?

3) Eventually when we have to employ 2 full time equivalent employees by Sep 22 and beyond (Ext to ILR), can this be a mix of part-timers? Or does the criteria change to actual full time employees at time of extension/ ILR?

4) Do scenarios 1 and 2 help in the additional 12 months of employment required (i.e. 24 mth total ) from ext to ILR? Or would we need 24 months of 2 full time employees only in the period from ext to ILR, and hence not be able to utilise any employment periods before extension?

Pl clarify. The guidance is not very clear unfortunately, and these are critical calls.

Thanks in advance
1) Very simply, the answer is No. The criteria for FT jobs - 30hrs/week has not been relaxed. Calculating total hours is irrelevant.
2) Yes, those employees will contribute but will not fully satisfy the 2 jobs of 12 months each
3) Part timers has always been possible. The requirements are stated as Full Time EQUIVALENT, not Full Time.
4) Job creation requirements are always calculated during the period of grant. You can't use jobs created during the initial period for the extension period.

Also, note that for your extension, you don't necessarily need to have 24 months of FTE

The COVID relaxation states:

If you’ve not been able to employ staff for 12 months by the time your visa expires, you’ll be allowed to extend your stay for a further 2 years, if you can show:

you‘ve created at least 2 jobs by the date you apply
you’ve been unable to employ staff for 12 months due to coronavirus
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.

T1Entre
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Posts: 2
Joined: Fri Feb 04, 2022 7:48 am

Re: How is the job creation measured?

Post by T1Entre » Tue Feb 08, 2022 6:04 pm

Thank you Marcnath for the reply

Clear on Points 1-3.
On Pt 4 and the note, pl could you clarify .

I thought we still need to cover 24 months of 2 jobs each , in the period between extension to ILR, if not done pre-extension. (i.e. total pre and post extension needs to be 24*2= 48 months of full time employment)
Is this not the case?

Thanks in advance

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marcnath
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Posts: 6478
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: How is the job creation measured?

Post by marcnath » Wed Feb 09, 2022 1:25 am

T1Entre wrote:
Tue Feb 08, 2022 6:04 pm
Thank you Marcnath for the reply

Clear on Points 1-3.
On Pt 4 and the note, pl could you clarify .

I thought we still need to cover 24 months of 2 jobs each , in the period between extension to ILR, if not done pre-extension. (i.e. total pre and post extension needs to be 24*2= 48 months of full time employment)
Is this not the case?

Thanks in advance
If you have been granted a COVID-19 related relaxed extension, you do need to create 4 jobs of 12 months each DURING the extension period for your ILR. I have not seen any relaxation to the rule that states:

"The jobs must have existed for at least 12 months during the applicant’s most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of application. "
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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