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jobs creation requirement under COVID-19

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

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mapreader
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Posts: 49
Joined: Sat Jul 28, 2018 3:59 pm
Hong Kong

jobs creation requirement under COVID-19

Post by mapreader » Thu Aug 27, 2020 12:01 pm

Dear all,

I am on T1E, in my extended 2-year period to apply for ILR in 2021. Regarding the jobs creation in my company:
employee 1 Aug19-now (7 months)
employee 2 Sep19-now (6 months)
employee 3 Jan20-now (2 months)
(all above employees on furlough since Mar20)

I would like to clarify:

1. Employee 1 just resigned. I am thinking if I can have employee 2 & 3 continued to reach the 24 months job creation requirement. (considering the COVID-19 change for T1E - "The 12 month period you’re required to employ someone for can be made up of multiple jobs across different months.")

2. Also with the COVID-19 change, I am not sure if employee 3 can be counted for the months with employment completed. There were 2 months but happened before COVID-19.
(I am aware some discussion pointed out in the policy - "These arrangements will continue for applications made after 31 May 2020, where the jobs you’re relying on were disrupted due to coronavirus.")

3. the current company has issues and the owner may not agree to resume the employment of the staff members. In worst scenario, the company may be closed.

In either situations (company exists but not resume employment, or company closed), I need to create another business for the job creation. Can I combine the jobs created in two different companies in my application?

In other words, in my business do I need to create another 24 months of employment again, or I only need to make up the difference (24 - 13 months, or 24 - 15 months, depending on the consideration under point 2)



Thanks a lot for your advice.

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marcnath
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Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: jobs creation requirement under COVID-19

Post by marcnath » Sun Aug 30, 2020 9:14 pm

1,2 I personally think you should be able to claim all three employees. Clearly there has been a Covid impact.
3. This could be more of a problem as you don't seem to have control over your company. It may raise the issue of genuineness of your entrepreneur role. Anyway, make sure you have collected all the necessary documentation well before the company closes.

You should be able to combine jobs across different businesses.
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.

mapreader
Newbie
Posts: 49
Joined: Sat Jul 28, 2018 3:59 pm
Hong Kong

Re: jobs creation requirement under COVID-19

Post by mapreader » Mon Aug 31, 2020 10:10 pm

thanks marcnath for your advice.

Note your reminder about genuineness of entrepreneur role. Sadly I am not holding majority of shares in the company, so there are times that the company decision cannot go as I desire. I am involved in the day-to-day business and will see how to present the picture in my final application.

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