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Job creation during the period when you were not the director

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

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ThomasNa
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Joined: Sat Aug 18, 2018 6:18 pm
United Kingdom

Job creation during the period when you were not the director

Post by ThomasNa » Fri Mar 29, 2019 4:08 pm

Hi everyone,

I am having a look at the the Tier 1 (Entrepreneur) version 23.0 guidance, and I would like to clarify with you one point regarding the job creation.

There is one paragraph from the guidance:

"This page tells you about the evidence the applicant must provide to show they have created 2 full-time posts in their business.

An applicant can only use employment created whilst they were engaged in the business.

In order to confirm the applicant created the jobs after they joined the business, they must supply evidence of the date they joined the business"


For some reasons, I resigned from the business in 01 Sep 2017, and being re-appointed in 15 Nov 2017.

The British employee worked for my company from 01 Sep 2017 to 01 Oct 2018, that is she worked for my business for 13 months.

As I was not the company director for 2.5 months, can I still count this employee as creating 1 full time job ? Please note that I was still the company director since Sep 2016 until today, only resigned for the above period.

Many thanks in advance

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marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Job creation during the period when you were not the director

Post by marcnath » Fri Mar 29, 2019 4:34 pm

ThomasNa wrote:
Fri Mar 29, 2019 4:08 pm
Hi everyone,

I am having a look at the the Tier 1 (Entrepreneur) version 23.0 guidance, and I would like to clarify with you one point regarding the job creation.

There is one paragraph from the guidance:

"This page tells you about the evidence the applicant must provide to show they have created 2 full-time posts in their business.

An applicant can only use employment created whilst they were engaged in the business.

In order to confirm the applicant created the jobs after they joined the business, they must supply evidence of the date they joined the business"


For some reasons, I resigned from the business in 01 Sep 2017, and being re-appointed in 15 Nov 2017.

The British employee worked for my company from 01 Sep 2017 to 01 Oct 2018, that is she worked for my business for 13 months.

As I was not the company director for 2.5 months, can I still count this employee as creating 1 full time job ? Please note that I was still the company director since Sep 2016 until today, only resigned for the above period.

Many thanks in advance
Under immigration rules, you can't claim that employment.

You can try requesting for an exception but I wouldn't be very positive about getting that.
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.

ThomasNa
Newly Registered
Posts: 21
Joined: Sat Aug 18, 2018 6:18 pm
United Kingdom

Re: Job creation during the period when you were not the director

Post by ThomasNa » Fri Mar 29, 2019 5:01 pm

Many thanks Marcnath.

I am employing another employee for the same position next month. I still have 10 months until my extension. Do you think that should be fine?

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marcnath
Moderator
Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Job creation during the period when you were not the director

Post by marcnath » Fri Mar 29, 2019 7:01 pm

ThomasNa wrote:
Fri Mar 29, 2019 5:01 pm
Many thanks Marcnath.

I am employing another employee for the same position next month. I still have 10 months until my extension. Do you think that should be fine?
Yes, that should be no problem.
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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