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less than 10 employees when submitting an ILR application

Posted: Thu May 18, 2017 8:42 am
by polluz
Hello everyone, I have a question about the accelerated settlement route under Tier 1E route.

My UK company has employed 10 full-time employees (30 hours a week) and they have worked for my company for at least 12 consecutive full months. But, some of them quitted the job before or during the progress of applying for ILR in the accelerated settlement route. In other words, there are less than 10 employees when the extension application is submitted and processed.

Could I still gain points on the basis of creating 10 full-time jobs?
Would this affect the result of the extension application?

Look forward to advice and experiencing-sharing. Appreciated and thank you very much in advance. :)

Re: less than 10 employees when submitting an ILR applicatio

Posted: Thu May 18, 2017 8:55 am
by marcnath
The requirement is that you should have had 10 full time jobs for 12 months.

There is no requirement (for employment related points) that any of the jobs are existing or even that the business is ongoing at the the time of application. (though you may get enquiries on genuineness if that were to happen)

So congratulations on the good work done and having created that employment. As long as those are all qualified jobs and you have the evidence, should be no problems.

Re: less than 10 employees when submitting an ILR applicatio

Posted: Thu May 18, 2017 9:20 am
by polluz
Thanks marcnath for your reply. :D

I thought the same when I referred to the T1E Guidance and the Immigration Rules. I posted here because I'm afraid that the assessor would consider the status quo and ongoing sustainability of my company and the reasonableness of why those employees quitted their jobs right after the 12-month employment requirement is fulfilled.

Re: less than 10 employees when submitting an ILR applicatio

Posted: Thu May 18, 2017 10:48 am
by Zimba
This depends on if you want to apply for accelerated ILR during after 3 years or after extension. If you are applying after extension, the jobs must have existed for 12 months AFTER extension was granted to be eligible for accelerated ILR. This is clear in the guide