job creation accelerated route

[nmpapa]

Hi,
I am going in for accelerated route under tier 1 with turnover of £5mn with net increase of 2 settled workers. After I joined we created a new job and recruited 1 staff with settled work category, before I joined we had 1 tier2 general staff who latter got a settled worker status can I use these 2 people to show net increase of jobs.

[marcnath]

Hi,
I am going in for accelerated route under tier 1 with turnover of £5mn with net increase of 2 settled workers. After I joined we created a new job and recruited 1 staff with settled work category, before I joined we had 1 tier2 general staff who latter got a settled worker status can I use these 2 people to show net increase of jobs.

No, you can't. You did not create two ADDITIONAL jobs.

And, of course, remember that you also need a NET INCREASE of 5m in turnover.

[CR001]

before I joined we had 1 tier2 general staff who latter got a settled worker status

Presumably the company is an HO approved Tier 2 sponsor if you had a Tier 2 General employee???

That aside, the Tier 2 employee (if they were sponsored by your company for their visa) would only count once they received ILR.

[nmpapa]

Thank you marcnath

[nmpapa]

before I joined we had 1 tier2 general staff who latter got a settled worker status

Presumably the company is an HO approved Tier 2 sponsor if you had a Tier 2 General employee???

That aside, the Tier 2 employee (if they were sponsored by your company for their visa) would only count once they received ILR.

Thank you CR001, yes the company had and has HO approved Tier 2 general visa , the tier 2 general employee has now got his Passport as well.

Equally we had 1 settled worker, she resigned from the company before I took over. After I took over the company, created new role and employed her back in the company. There was gap of around 3 months since she initially left the company and rejoined for second term. Can I count her on new job Creation.

[marcnath]

before I joined we had 1 tier2 general staff who latter got a settled worker status

Presumably the company is an HO approved Tier 2 sponsor if you had a Tier 2 General employee???

That aside, the Tier 2 employee (if they were sponsored by your company for their visa) would only count once they received ILR.

Thank you CR001, yes the company had and has HO approved Tier 2 general visa , the tier 2 general employee has now got his Passport as well.

Equally we had 1 settled worker, she resigned from the company before I took over. After I took over the company, created new role and employed her back in the company. There was gap of around 3 months since she initially left the company and rejoined for second term. Can I count her on new job Creation.

The issue is not whether it is the same person or not.

You need to have created a Net increase of two jobs. You are required to submit employment documents for 12 months before you joined which helps HO determine how many jobs there were before you joined. You then need to show that the number of jobs after you joined is 2 more than the business had in the 12 months before you joined.

So, the new job created would appear to be only replacing a job that was existing before you joined and not an additional one.

[nmpapa]

Thanks CR001 for your reply but I just want to ask the below question :

My tier 1 entrepreneur visa was issued on 31st Aug 2016 which is just for the information.

Question : 12 months before my visa ( the period is from 1st Aug 2105 to 31st Aug2016) I had this 1 settled worker in the company but of the 12 months she was on Maternity leave for 10 months ( from 1st Sep to 30th June) and then she resigned on 30th June so in total she was available as settled worker for 11months only. My question is will a person who had completed 11 months be considered as a full time settled worker for 12 months prior to my grant of visa , equally just for an understanding along with this is “if the company had 1 more settled worker for the same period ( 1st Aug 2015 to 31st Aug 2016 ) who was there for just say 3 months will he again be considered as a full time settled worker to calculate the net increase for the settled workers for the 3 year period of my visa from 31st Aug2016 to 31st Aug 2109”.

[nmpapa]

Sorry Marcnath I had wrongly addressed you as CR001 thinking it was CR001 who replied me.

[marcnath]

Thanks CR001 for your reply but I just want to ask the below question :

My tier 1 entrepreneur visa was issued on 31st Aug 2016 which is just for the information.

Question : 12 months before my visa ( the period is from 1st Aug 2105 to 31st Aug2016) I had this 1 settled worker in the company but of the 12 months she was on Maternity leave for 10 months ( from 1st Sep to 30th June) and then she resigned on 30th June so in total she was available as settled worker for 11months only. My question is will a person who had completed 11 months be considered as a full time settled worker for 12 months prior to my grant of visa , equally just for an understanding along with this is “if the company had 1 more settled worker for the same period ( 1st Aug 2015 to 31st Aug 2016 ) who was there for just say 3 months will he again be considered as a full time settled worker to calculate the net increase for the settled workers for the 3 year period of my visa from 31st Aug2016 to 31st Aug 2109”.

The immigration rules do not specify how the NET increase in jobs are calculated. It only specifies the evidence that needs to be submitted.

That means there is considerable leeway in how it would be interpreted and one should use what a common person would interpret this as.

If the job existed for 11 of the 12 months, it would be safe to assume that would be considered as one job that existed before you joined.

If it was three months, I would think it depends on which three months. If it was the three months just before you joined, it will probably be counted as an existing job. If it was the the initial three months of the 12 months, you might be able to argue it was not existing.

In short, because it is not defined, you have the opportunity to define and argue your interpretation when you apply in a cover letter. While it is up to HO to decide to accept or not, it should make them consider your argument.

[nmpapa]

Thanks CR001 for your reply but I just want to ask the below question :

My tier 1 entrepreneur visa was issued on 31st Aug 2016 which is just for the information.

Question : 12 months before my visa ( the period is from 1st Aug 2105 to 31st Aug2016) I had this 1 settled worker in the company but of the 12 months she was on Maternity leave for 10 months ( from 1st Sep to 30th June) and then she resigned on 30th June so in total she was available as settled worker for 11months only. My question is will a person who had completed 11 months be considered as a full time settled worker for 12 months prior to my grant of visa , equally just for an understanding along with this is “if the company had 1 more settled worker for the same period ( 1st Aug 2015 to 31st Aug 2016 ) who was there for just say 3 months will he again be considered as a full time settled worker to calculate the net increase for the settled workers for the 3 year period of my visa from 31st Aug2016 to 31st Aug 2109”.

The immigration rules do not specify how the NET increase in jobs are calculated. It only specifies the evidence that needs to be submitted.

That means there is considerable leeway in how it would be interpreted and one should use what a common person would interpret this as.

If the job existed for 11 of the 12 months, it would be safe to assume that would be considered as one job that existed before you joined.

If it was three months, I would think it depends on which three months. If it was the three months just before you joined, it will probably be counted as an existing job. If it was the the initial three months of the 12 months, you might be able to argue it was not existing.

In short, because it is not defined, you have the opportunity to define and argue your interpretation when you apply in a cover letter. While it is up to HO to decide to accept or not, it should make them consider your argument.

Thank you Marcnath.