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Tier 1 extension help

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

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Faraz786
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Tier 1 extension help

Post by Faraz786 » Wed Jul 20, 2022 6:14 pm

Hello Everyone
Please share your opinion on below points as I will be applying for my T1 extension in September

I have hired 3 employees under kickstarter scheme but instead of 25 hours, they were working for 30 hours every week making their jobs as full time. Can I use these employees for my application?

Trainee Field Sales agent

Employee 1 :- 20 October 2021- 20/04/2022 (6 months) (26 weeks) (kickstart)
Employee 2 :- 24/01/2022- 13/06/2022 (20 weeks) (kickstart)

Employee 3 :- 01/05/2022 -01/09/2022 ( 4 Months) (17 weeks)




Sales Support specialist

Employee 4 :- 05/01/2022 - 04/08/2022 ( 7 months) (kickstart)

Employee 5 :- 01/04/2022 - 01/09/2022 (5 months)

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marcnath
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Re: Tier 1 extension help

Post by marcnath » Wed Jul 20, 2022 7:36 pm

Are you planning to use the COVID concession? If so, you should be ok.

If not, you don't meet the requirements.

It does not matter that the employees under kickstart did 30 hours
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.

Faraz786
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Re: Tier 1 extension help

Post by Faraz786 » Wed Jul 20, 2022 7:42 pm

thanks for your reply :)
Yes, I am planning to use covid concession to use multiple jobs and employees to cover 12 months period. So I will get the extension of 2 years leading to ILR or Do I have to create 2 vacancies for 24 months later on?

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marcnath
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Re: Tier 1 extension help

Post by marcnath » Thu Jul 21, 2022 7:48 am

Faraz786 wrote:
Wed Jul 20, 2022 7:42 pm
thanks for your reply :)
Yes, I am planning to use covid concession to use multiple jobs and employees to cover 12 months period. So I will get the extension of 2 years leading to ILR or Do I have to create 2 vacancies for 24 months later on?
Not vacancies, but jobs.

Yes, you need to create 2 jobs for 24 months or 4 jobs of 12 months each.
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.

Faraz786
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Re: Tier 1 extension help

Post by Faraz786 » Thu Jul 21, 2022 8:19 am

Hello
The rule states that Tier 1 Entrepreneur applicants will be able to combine different jobs from different months to fulfil the 2 full-time job creation requirement where the jobs were disrupted due to COVID-19 which means I need to create 2 more full time jobs after getting this extension which will lead towards the ILR application.
Please can you clear this doubt.

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marcnath
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Re: Tier 1 extension help

Post by marcnath » Thu Jul 21, 2022 8:54 am

Faraz786 wrote:
Thu Jul 21, 2022 8:19 am
Hello
The rule states that Tier 1 Entrepreneur applicants will be able to combine different jobs from different months to fulfil the 2 full-time job creation requirement where the jobs were disrupted due to COVID-19 which means I need to create 2 more full time jobs after getting this extension which will lead towards the ILR application.
Please can you clear this doubt.
What exactly is your doubt?

In respect of an applicant who was granted a covid related extension of leave, to
qualify for settlement, applicants will be required to demonstrate that they have
created 2 full time jobs for the 12 month period in addition to the existing job creation
requirement for settlement. For example where they are relying on having created 2
full time jobs for settled workers that existed in 12 months during their most recent
grant of leave, they will also be required to show that 2 full time jobs existed for an
additional 12 months, these can be the same jobs, providing they meet the
requirement of existing for at least a further 12 months.
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.

Faraz786
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Re: Tier 1 extension help

Post by Faraz786 » Thu Jul 21, 2022 9:08 am

Hello
The doubt is that the 2 jobs has been created for the first visa by using the covid concession by combining multiple jobs to satisfy the 2 jobs requirement, so during my Tier 1 ext duration I should only be creating 2 jobs for 12 months instead of 24 months.

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marcnath
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Re: Tier 1 extension help

Post by marcnath » Thu Jul 21, 2022 10:11 am

Faraz786 wrote:
Thu Jul 21, 2022 9:08 am
Hello
The doubt is that the 2 jobs has been created for the first visa by using the covid concession by combining multiple jobs to satisfy the 2 jobs requirement, so during my Tier 1 ext duration I should only be creating 2 jobs for 12 months instead of 24 months.
Once you use the COVID concession, the number of jobs you created previously does not matter.

The rules require you to create two additional new jobs. As I posted, the rules only say "In respect of an applicant who was granted a covid related extension of leave...". There is no additional qualification attached to that about what was created in the first grant period. This is probably because people who have had only created jobs for 1 week even could use the covid exception and get their extension.
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.

Faraz786
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Re: Tier 1 extension help

Post by Faraz786 » Thu Jul 21, 2022 10:20 am

Hello
But it is also mentioned that an applicant can club the jobs to satisfy 2 jobs requirement, and I do as the overall period of all the employees is more than 12 months.

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marcnath
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Re: Tier 1 extension help

Post by marcnath » Thu Jul 21, 2022 10:24 am

Faraz786 wrote:
Thu Jul 21, 2022 10:20 am
Hello
But it is also mentioned that an applicant can club the jobs to satisfy 2 jobs requirement, and I do as the overall period of all the employees is more than 12 months.
Can you please quote the exact text that you have doubts on and where you are seeing those texts.

I can't see the words "club the jobs", for example. So it becomes difficult to know which part you are referring to.
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.

Faraz786
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Re: Tier 1 extension help

Post by Faraz786 » Thu Jul 21, 2022 10:40 am

Below is mentioned in HO guidance

" The 12 month period you are required to employ
someone can be made up of multiple jobs across different months, but when combined this must be
the equivalent to 2 full time jobs."

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marcnath
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Re: Tier 1 extension help

Post by marcnath » Thu Jul 21, 2022 11:10 am

Faraz786 wrote:
Thu Jul 21, 2022 10:40 am
Below is mentioned in HO guidance

" The 12 month period you are required to employ
someone can be made up of multiple jobs across different months, but when combined this must be
the equivalent to 2 full time jobs."
Ok.
The guidance also says:

"Applicants granted an extension without demonstrating that they have not created at least 2 jobs
for the 12 month period required will need to demonstrate this at their next application in addition to
the job creation requirement for that application
"

I think you can safely assume that, since you would have created 2 jobs, you will NOT need to do that again for your ILR 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.

Faraz786
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Re: Tier 1 extension help

Post by Faraz786 » Thu Jul 21, 2022 11:15 am

Hello
Thank you so much for clearing this doubt.
Also, will this below job will be considered for 12 months or not as I have hired two people for this job and 1 employee will be made redundant in next month.


Sales Support specialist

Employee 4 :- 05/01/2022 - 04/08/2022 ( 7 months) (kickstart)

Employee 5 :- 01/04/2022 - 01/09/2022 (5 months)

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marcnath
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Re: Tier 1 extension help

Post by marcnath » Thu Jul 21, 2022 11:16 am

Faraz786 wrote:
Thu Jul 21, 2022 11:15 am
Hello
Thank you so much for clearing this doubt.
Also, will this below job will be considered for 12 months or not as I have hired two people for this job and 1 employee will be made redundant in next month.


Sales Support specialist

Employee 4 :- 05/01/2022 - 04/08/2022 ( 7 months) (kickstart)

Employee 5 :- 01/04/2022 - 01/09/2022 (5 months)
I don't see why not
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.

Faraz786
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Re: Tier 1 extension help

Post by Faraz786 » Thu Jul 21, 2022 11:18 am

I have asked this because in one post someone mentioned that the position was overlapping.

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marcnath
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Re: Tier 1 extension help

Post by marcnath » Thu Jul 21, 2022 11:21 am

Faraz786 wrote:
Thu Jul 21, 2022 11:18 am
I have asked this because in one post someone mentioned that the position was overlapping.
Yes that would have been a problem if you it were not for the COVID exception.

You have overlap in the other job too
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.

Faraz786
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Re: Tier 1 extension help

Post by Faraz786 » Thu Jul 21, 2022 11:23 am

Thanks for your help :)

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marcnath
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Re: Tier 1 extension help

Post by marcnath » Thu Jul 21, 2022 11:24 am

Faraz786 wrote:
Thu Jul 21, 2022 11:23 am
Thanks for your help :)
To be safe, list them as separate jobs in your application. Not as the same job filled by two/three employees
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.

Faraz786
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Re: Tier 1 extension help

Post by Faraz786 » Thu Jul 21, 2022 11:28 am

Separate jobs with different job titles ?

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marcnath
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Re: Tier 1 extension help

Post by marcnath » Thu Jul 21, 2022 11:43 am

Faraz786 wrote:
Thu Jul 21, 2022 11:28 am
Separate jobs with different job titles ?
Titles should not matter
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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