Application for ILR from Tier 1 (Entrepreneur)

[wxyuanilr]

I came to the UK on a Tier 1 (Entrepreneur) visa in 2017 and I am looking to apply for Indefinite Leave to Remain this year, but I have a quick question regarding my eligibility for that, and hope somone in this forum could help.

Just before I applied for the Tier 1 (Entrepreneur) visa, I invested over £200k in an existing business registered in England and became one of its Directors, at which time the number of employees was only 3. When I extended my visa in 2020, the number of employees had remained above 5 for over 12 months, so I met the requirement of a net increase in the employment by creating the equivalent of at least 2 new full time jobs for settled workers, and the extension of leave was granted.

According to the Immigration Rules, the 2 new jobs created during my initial 3 years must have existed for another 12 months since I extended my visa in December 2020. However, we have not been doing very well over the past year, and the number of employees has now dropped to a very low level, but the two jobs created by myself in the initial 3 years did still exist from December 2020 to November 2021 (one of them left in November 2021). Would this meet the job creation requirement for Indefinite Leave to Remain, or do I need to keep the number of employees at 5 or above to maintain a net increase of 2 since I joined the business?

[zimba]

In your case, the job creation requirement is still the 'net increase' since you joined the business. You still need to demonstrate that you created/maintained a 'net increase' of two full-time positions since you joined

[wxyuanilr]

Thank you @Zimba.

I have taken a look at Appendix A of the Immigration Rules at https://www.gov.uk/guidance/immigration ... attributes and found that:

Table 6 (row 3) says:

The jobs must have existed for at least 12 months during the applicant’s most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of application.

It does not seem to say the net increase must be maintained for at least 12 months, or did I miss something?

[zimba]

So you have chosen to read that bit in isolation without any regard to what it says in full ???

(b) taken over or invested in an existing business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for settled workers by creating the equivalent of at least 2 new full time jobs for settled workers.

When you join/take over a business, the two jobs refers to the net increase. The bit you highlighted does not negate this, it is extra

[wxyuanilr]

Thank you @Zimba.

When I joined the business back in 2017 the number of employees was 3. I got my Tier 1 Entrepreneur visa extended on 3 December 2020, and since then the number of employees did not fall below 5 until December 2021. So I can provide 12 monthly RTI submissions from December 2020 to November 2021 (inclusive), where each RTI submission shows 5 or more employees receiving salary payment. The first month that saw less than 5 employees was December 2021 when there were 4 employees shown in the RTI submission.

Given the above, do you think I have met the job creation requirement for Indefinite Leave to Remain?

[zimba]

In the period(s) you are claiming points for, the company must have had at least 5 positions. That is all

[wxyuanilr]

Thank you @Zimba.

I have taken a look at Appendix A of the Immigration Rules at https://www.gov.uk/guidance/immigration ... attributes and found that:

Table 6 (row 3) says:

The jobs must have existed for at least 12 months during the applicant’s most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of application.

and 49 (d) says:

The jobs need not exist on the date of application, provided that they existed for at least 12 months as specified in Table 5 (row 4) and Table 6 (row 3).

So the question is what "12 months during the applicant’s most recent grant of leave" actually means. Does that mean any 12 months in the 2-year period since the extension of the Tier 1 Entrepreneur visa? If the extension was granted on 3 December 2020, does December 2020 count towards the 12 months? Do the 12 months need to the consecutive?

[zimba]

It is ANY 12 months after the grant of extension unless your extension was issued less than 12 months ago, in that case, it is the most recent 12 months which means you may include some period BEFORE the grant of extension too. The 12 months period does NOT need to be consecutive. Please go and read the official guide

[wxyuanilr]

My current Tier 1 (Entrepreneur) may have expired when I hear the outcome of my ILR application. If my application for ILR turns out to be refused due to the net increase of 2 employees not being maintained for 365 days since last grant, will the UKVI automatically extend my Tier 1 (Entrepreneur) visa for another 2 years, or ask me to reapply for the exntesion, or simply kick me out of the country?

[CR001]

will the UKVI automatically extend my Tier 1 (Entrepreneur) visa for another 2 years,

No. Nothing is 'automatic'.

or ask me to reapply for the exntesion, or simply kick me out of the country?

The refusal will tell you what your options are.

[wxyuanilr]

Does that mean the application fee paid for ILR is all lost/wasted, and I need to pay once again for the extension application?

What might be the options given in the refusal letter, particularly when the refusal causes overstaying?

[CR001]

Does that mean the application fee paid for ILR is all lost/wasted, and I need to pay once again for the extension application?

If ILR is refused, yes you lose the fee paid. Any further application you might make you have to pay a fee again.

What might be the options given in the refusal letter, particularly when the refusal causes overstaying?

Either leave or make an application for a visa you think you qualify for within 14 days

[wxyuanilr]

In that case, to minimise loss, would it be sensible to try ILR for myself only (without dependant wife at the same time), and if it is successful, then ask my dependant wife to apply for ILR, otherwise apply for extension for both myself and my dependant wife? Or is there a rule that says the dependant must apply at the same time with the main applicant?

[zimba]

Yes you can

[AmazonianX]

In that case, to minimise loss, would it be sensible to try ILR for myself only (without dependant wife at the same time), and if it is successful, then ask my dependant wife to apply for ILR, otherwise apply for extension for both myself and my dependant wife? Or is there a rule that says the dependant must apply at the same time with the main applicant? No such rule

[wxyuanilr]

When I apply for ILR from Tier 1 Entrepreneur, is there still maintenance fund requirement, and if so how much I should keep in my bank account for 90 days?

[CR001]

ILR has NO maintenance funds requirement at all.