ILR -- do we have to create MORE employment?

[niomi]

Assuming I have fulfilled all employment requirements and received my Tier 1 Entrepreneur extension, will it then be necessary to again create 2 more full time jobs for 1 year when I apply for ILR?

I checked the guidance (https://www.gov.uk/government/uploads/s ... 4_2016.pdf).

On page 57 under point 3, it says I should have created 2 jobs.
It does NOT say there is no requirement for evidence (as it says for the investment).

Does this mean I will have needed to create additional jobs, for a total of 4 full time jobs after 5 years? Or will the 2 jobs in 5 year suffice? Has anyone gone through this yet?

Thank you for your input!

[zimba]

This has been always in the rules but clarified recently in the guide.

- Job creation rules apply to your LAST period of stay. So when you apply for extension this means the initial period. When you are applying for 5 year ILR, this means your extension period.

- You do not need to create two extra jobs as long as the two jobs created during your initial period continue to exist for at least 12 EXTRA months after your extension is granted.
If not, you NEED to create two NEW jobs for at least 12 months in your extension period before applying for 5 year ILR.

[niomi]

Hi Zimba, thank you for the reply. I understand. So you are saying that I cannot now scale down employees and they must stay on for another year.

If I originally created EXTRA employment pre-extension, does this 'roll over'?

For example, I created 3 full time jobs over my period of leave as Tier 1 Entrepreneur.
As a Tier 1 Entrepreneur Extension holder, can I subsequently reduce employees to 1 full-time job for 1 year (rather than 2)?

[niomi]

Also regarding 'continue to exist for at least 12 EXTRA months after your extension is granted' -- am I allowed to have a gap between this?

Say I went down to 1 full time job but went back up to 2 full time jobs after a period of 5 months? (So it wouldn't have 'continued to exist' but rather 'stopped existing' and then started again).

[seasky]

Within the 2 years extension you have to have 24 months of employment (transitional rules)

As such if you had more employment before transition does not help you. And of course you can have a break between pre and post extension periods

[zimba]

I understand. So you are saying that I cannot now scale down employees and they must stay on for another year.

If you choose to. Otherwise, create extra two jobs.

If I originally created EXTRA employment pre-extension, does this 'roll over'?

No, I said job creation rules apply to the last grant of leave. You need 24 months extra employment during extension (from your previous employees or new ones)

Also regarding 'continue to exist for at least 12 EXTRA months after your extension is granted' -- am I allowed to have a gap between this?

Say I went down to 1 full time job but went back up to 2 full time jobs after a period of 5 months? (So it wouldn't have 'continued to exist' but rather 'stopped existing' and then started again).

Gaps are allowed. You simply need 24 months of employment but that need to be consecutive