Accelerated ILR 10 people or 10 person/years ?

[seasky]

I came across a poster who (claimed he) received ILR with 7 employees but for various periods totalling 120 months of employment

(http://www.immigrationboards.com/uk-tie ... l#p1183332)

But from the guidance it is clear you need 10 different people (e.g. 5 people for 2 years each is not good enough) here is the wording:

Accelerated settlement
167. If you are applying under accelerated ILR you must demonstrate that you have created a
total of 10 full time positions for at least 10 people.The criteria and requirements to evidence
the 10 full time positions are the same as for an extension application.

How is this reconciled? (was there a chance in guidance along the way?)

[moongesture]

Pre 6 April 2014 transitional arrangement allows to demonstrate total hours ( for claiming period) compiled through variable numbers of employees & periods.

[seasky]

So anyone who entered (original t1-ent grant) before than can apply for ILR upon reaching the 120 month total employment?

To complicate things I have already extended can I now go for accelerated ILR under 10 person year route?

Can one pose a question to UKVI on this?

[seasky]

I checked the guidance in place for end 2011 and 2013 and there is no accelerated route to ILR mentioned at all.

As such when did this route begin and was it ever effective with less than 10 actual people (who then comprise at least 10 person/years of employment)?

[seasky]

I found the following on a HO document from 2011:

"To reward success, an amendment is being made to enable Tier 1 (Entrepreneur) Migrants to
qualify for accelerated settlement after 3 years (rather than the usual 5 years). Applicants will
qualify if they have created:
– the equivalent of 10 full-time jobs; or
5
– at least £5 million in income from business activity within a 3 year period. "

Bolding is mine. The link to document: http://webarchive.nationalarchives.gov. ... iew=Binary

So if I received T1 ent during the period this document was in effect (before they changed it too "10 full time positions for at least 10 people") do I have a case to go to ILR now?

[helpingperson]

Hello Rahul,

Please could you advise on this regarding employees?

Thank you.

[helpingperson]

Hello

Just did some more search on this employment subject.

On below link, page 36, please see these points:

49. a full time job is one involving at least 30 hours’ of work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job but one full time job of more than 30 hours work a week will not count as more than one full time job.

50. Where the applicant’s last grant of entry clearance or leave was as a Tier 1 (entrepreneur) Migrant, the jobs must have existed for a total of at least 12 months during the period in which the migrant had leave in that category. This need not consist of 12 consecutive months and the jobs need not exist at the date of application, provided they existed for at least 12 months during the period in which the migrant had leave as a Tier 1 (entrepreneur) Migrant.

http://webarchive.nationalarchives.gov. ... iew=Binary


I have highlighted above in bold which confirms that duration of jobs can be any number of months.