Tier 1- Job Creation - 3 yrs ILR

Hello,

Tier 1 - Accelerated Route - 10 job creation

I am due to apply next year in July and I have started reading the guidance and also assessing my job creation level. I am slightly confused on the job creation at para 171-175 of the policy guidance April 2016.

I obtained my visa in July 2014. Invested £50k (under PSW option) and had employed settled workers. I already sold the business (day care children nursery) as going concern and now developed it as a franchise. Therefore, my nature of business has changed. In reference to the Policy Guidance April 2016, my questions are:

1. If my employee worked for 2 years consecutively in my business, can I count this as 2 jobs?
2. Two of my staff worked full time for 6 months and then resigned. Can I combine this to make 1 job?
3. I have 3 other staff who worked 3-4 months and then resigned. Is this of any help?
(N.B: I already have 6 staff who worked for 12 months excluding the above that I am now questioning?)

4. Do we count the job creation as per individual position created in the business or we can merge the total hours and divide it by 30 hours?
5. Data Protection: Do I need to seek permission of the staff before I can share their details e.g passport etc.
6. Can I apply in person or its only by post?
7. Do you know any email add or number for HO where I can ask explanation of the guidance?
8. Does the occupation code still matters as it was back in 2013?

I shall be grateful if someone can shed light on the above at the earliest convenience.

Thank You

Nih2407

1. If my employee worked for 2 years consecutively in my business, can I count this as 2 jobs?

No. You need 10 separate jobs/positions for at least 12 months to be eligible for ILR. However a position can be completed by multiple employees.

2. Two of my staff worked full time for 6 months and then resigned. Can I combine this to make 1 job?

If you kept the job and replaced the employee with new one, yes. Otherwise if the job positions were only for 6 months, you cannot add them together. Transitional arrangements do not apply to accelerated ILR applications

3. I have 3 other staff who worked 3-4 months and then resigned. Is this of any help?
(N.B: I already have 6 staff who worked for 12 months excluding the above that I am now questioning?)

Same as above. Only full 12 months positions are considered

4. Do we count the job creation as per individual position created in the business or we can merge the total hours and divide it by 30 hours?

Per position. Anything beyond 30 hours a week will be ignored

5. Data Protection: Do I need to seek permission of the staff before I can share their details e.g passport etc.

yes, a verbal consent should be enough

6. Can I apply in person or its only by post?

Only by post

7. Do you know any email add or number for HO where I can ask explanation of the guidance?

You can find your answers in the guide. For accelerated ILR, you need 10 separate full time jobs that lasted for at least 12 months.

8. Does the occupation code still matters as it was back in 2013?

No

Thank you very much for the specific answers. Really appreciate.