Company headcount change issue

[KateH]

Dear gurus and members,

I’m currently holding T1(E) visa which is valid until May 2019. I invested and became a director of an UK company. With my investment, two new jobs are created and have been existed for 2 years.

Before I joined the company they have 4 staffs, and for the most of the 2 years we have 6+ staff and the company further push the headcounts to 9 with other new investment fund and revenue generated.

Unfortunately one major customer stopped all payments to the company few months ago leading the company to fall into cashflow crisis. And the company has to let go all the staff until new source of funds is secured.

So my questions are:-
1) As the company has already created 2 new jobs each for more than 12 months period. Can I claim points towards the “Job Creation” requirement for my T1 visa extension?

2) Is there a requirement for visa extension that the headcount cannot fall below the amount I joined this company, which was 4 when I invested and joined this company?

Thanks in advance.

[marcnath]

Dear gurus and members,

I’m currently holding T1(E) visa which is valid until May 2019. I invested and became a director of an UK company. With my investment, two new jobs are created and have been existed for 2 years.

Before I joined the company they have 4 staffs, and for the most of the 2 years we have 6+ staff and the company further push the headcounts to 9 with other new investment fund and revenue generated.

Unfortunately one major customer stopped all payments to the company few months ago leading the company to fall into cashflow crisis. And the company has to let go all the staff until new source of funds is secured.

So my questions are:-
1) As the company has already created 2 new jobs each for more than 12 months period. Can I claim points towards the “Job Creation” requirement for my T1 visa extension?

2) Is there a requirement for visa extension that the headcount cannot fall below the amount I joined this company, which was 4 when I invested and joined this company?

Thanks in advance.

1) Yes
2) No

[KateH]

Dear gurus and members,

I’m currently holding T1(E) visa which is valid until May 2019. I invested and became a director of an UK company. With my investment, two new jobs are created and have been existed for 2 years.

Before I joined the company they have 4 staffs, and for the most of the 2 years we have 6+ staff and the company further push the headcounts to 9 with other new investment fund and revenue generated.

Unfortunately one major customer stopped all payments to the company few months ago leading the company to fall into cashflow crisis. And the company has to let go all the staff until new source of funds is secured.

So my questions are:-
1) As the company has already created 2 new jobs each for more than 12 months period. Can I claim points towards the “Job Creation” requirement for my T1 visa extension?

2) Is there a requirement for visa extension that the headcount cannot fall below the amount I joined this company, which was 4 when I invested and joined this company?

Thanks in advance.

1) Yes
2) No

Hi marcnath,

Thanks very much for your reply. Presuming I have all the required documents to support in my case, would that still be a concern from Home Office if the company carries no headcount at the time I submit visa extension application?

Thanks again.

[marcnath]

Hi marcnath,

Thanks very much for your reply. Presuming I have all the required documents to support in my case, would that still be a concern from Home Office if the company carries no headcount at the time I submit visa extension application?

Thanks again.

HO can always be concerned and we have seen some ridiculous arguments from HO but I really can't say what they will and will not do.

All I can say is that immigration rules do not require you to have employees at the time of extension

[KateH]

Hi marcnath,

Thanks very much for your reply. Presuming I have all the required documents to support in my case, would that still be a concern from Home Office if the company carries no headcount at the time I submit visa extension application?

Thanks again.

HO can always be concerned and we have seen some ridiculous arguments from HO but I really can't say what they will and will not do.

All I can say is that immigration rules do not require you to have employees at the time of extension

Hi marcnath,
Thank you very much for your reply.