Tier 1 Entrepreneur - 2 Full time employment creation

[Durai2710]

Please can someone help with this, can the dependent/s of the applicant be the full time employees to meet the above requirement or should the employment be to two individuals who have ILR or British / EU citizens.

Should these employments be created from the day 1 of the commencement of the business and continue to be for 2 years to apply for extension

Thanks

[DangerousWolf]

As per as my knowledge, anyone we appoint as an employee would not get counted if they are on any kind of VISA / dependent. It says - Job for settled people means either person with ILR Status or British / EU citizens.

Minimum job duration needs to be any 12 continuous months, have to be supported with appropriate evidences.

[cappachino]

In my view from what I have read and understood.
The employees have to be a british national as you will need a copy of their pasport or birth certificate for HMRC.
The employment does not have to be continous it can be short durations but have to complete 24 months of employment.
Regards

[maverick_76]

Settled people means either person with ILR Status or British / EU citizens!

[Legal Advisor]

Dears, Can the employee be based in another city? Like if a company is in London and the employee lives in Birmingham would that be an acceptable employment to home office on the ground that some employees do work remotely or can travel long distances?

[maverick_76]

I don't foresee an issue with it as long as it is a genuine employment with proper paperwork.

[ishfaqsangra]

Its not any continuous 12 month period
It could be 18+6 or 12,,part time or full time.whatever it could be even one person for 24 months.

Required is that you have employed UK resident(s) for total of 3120 Hours in all 3 years. taking into account 30 hours per week
30x52=1560+1560=3120.
I hope it will clear if I am not wrong.

[Olasunkanmi]

Its not any continuous 12 month period
It could be 18+6 or 12,,part time or full time.whatever it could be even one person for 24 months.

Required is that you have employed UK resident(s) for total of 3120 Hours in all 3 years. taking into account 30 hours per week
30x52=1560+1560=3120.
I hope it will clear if I am not wrong.

With the new rule that came into effect on 06/04/2014, all new applicants will have to employ 2 full-time workers for minimum of 12months each before qualifying for extension.

Those that have successfully got their visas before 06/04/2014 can still combine 1, 2 or more workers for the proof of employment.

Source:

Paragraph 100 of Tier 1 (Entrepreneur) Policy Guidance version 04/2014 Page 18 of 56

https://www.gov.uk/government/uploads/s ... _04-14.pdf

''For those applying for entry clearance or switching into the route from 6 April 2014, the employment must be for at least two separate jobs, and must exist for at least a full 12 months each''.

[ishfaqsangra]

Thanks Olasunkanmi

[samaygrg]

As per as my knowledge, anyone we appoint as an employee would not get counted if they are on any kind of VISA / dependent. It says - Job for settled people means either person with ILR Status or British / EU citizens.

Minimum job duration needs to be any 12 continuous months, have to be supported with appropriate evidences.

Agreed.

[cappachino]

Does not have to be continous

[Asefchdry]

Please guide further, those who got the visa before 06-04-2014 under 200 k route outside uk, but not entered in Uk as yet, should they follow the old rule where they could combine 1,2 employees for each year or 24 month with single employee

[cee14]

Hello,
I am new to tier-1 visa. Can I switch from Tier-4 visa to Tier-1 Entrepreneur visa if I have £50K in my bank account? I want to change my tier-4 visa after completing 1st year of PhD and therefore planning to switch into Tier-1 Entrepreneur visa.

[rehan01]

thanks olasunkanmi for the explanation but I guess its for applicant who are applying on or after 06/04/2014 not for people who applied before 06/04/2014 irrespective of refusal and than winning the case after 06/04/2014 or getting their BRP after this date?

like myself I applied in January 2013 ... refused in July 2013 ... Appeal against the decision and successfully won the appeal and BRP issued on 08/04/2014 ... does this rule applies to me as well? as per my understanding it doesn't ???

please advice any thought or comments will be highly appreciated.


regards

Its not any continuous 12 month period
It could be 18+6 or 12,,part time or full time.whatever it could be even one person for 24 months.

Required is that you have employed UK resident(s) for total of 3120 Hours in all 3 years. taking into account 30 hours per week
30x52=1560+1560=3120.
I hope it will clear if I am not wrong.

With the new rule that came into effect on 06/04/2014, all new applicants will have to employ 2 full-time workers for minimum of 12months each before qualifying for extension.

Those that have successfully got their visas before 06/04/2014 can still combine 1, 2 or more workers for the proof of employment.

Source:

Paragraph 100 of Tier 1 (Entrepreneur) Policy Guidance version 04/2014 Page 18 of 56

https://www.gov.uk/government/uploads/s ... _04-14.pdf

''For those applying for entry clearance or switching into the route from 6 April 2014, the employment must be for at least two separate jobs, and must exist for at least a full 12 months each''.

[Olasunkanmi]

@ Rehan01, from this link;

Paragraph 100 of Tier 1 (Entrepreneur) Policy Guidance version 04/2014 Page 18/19 of 56

https://www.gov.uk/government/uploads/s ... _04-14.pdf

''Transitional arrangement – people who successfully applied to enter the route before 6 April 2014 may continue to employ:
• a single worker for 24 months; or
• one worker for 6 months and one for 18 months; or
• four workers for six months each
and still meet the requirements when they apply for extensions and for settlement. Anyone applying to enter the route on or after 6 April 2014 must create employment for at least two separate people and the jobs must exist for at least a full 12 months each.''

The wordings of the new changes is very tricky but in my own opinion I think the exception is for those that successfully applied and got visa before 06/04/2014 and not those that simply applied before 06/04/2014 and then got visa after 06/04/2014.

I will advice you to play safe and go for the new changes and avoid HO rules complications, but am guessing its only your team member who need it as you wont need to apply for extension but ILR.

[entrepreneur123]

Olasunkanmi, thanks for sharing information. No wonder why ukba have not issued many visa's between jan to march...

@ Rehan01, from this link;

Paragraph 100 of Tier 1 (Entrepreneur) Policy Guidance version 04/2014 Page 18/19 of 56

https://www.gov.uk/government/uploads/s ... _04-14.pdf

''Transitional arrangement – people who successfully applied to enter the route before 6 April 2014 may continue to employ:
• a single worker for 24 months; or
• one worker for 6 months and one for 18 months; or
• four workers for six months each
and still meet the requirements when they apply for extensions and for settlement. Anyone applying to enter the route on or after 6 April 2014 must create employment for at least two separate people and the jobs must exist for at least a full 12 months each.''

The wordings of the new changes is very tricky but in my own opinion I think the exception is for those that successfully applied and got visa before 06/04/2014 and not those that simply applied before 06/04/2014 and then got visa after 06/04/2014.

I will advice you to play safe and go for the new changes and avoid HO rules complications, but am guessing its only your team member who need it as you wont need to apply for extension but ILR.

[ishfaqsangra]

Thankfully they decided my application in 3 days after Biometrics.
Bio Given 26/03/14
Visa started date 29/03/14.

[rehan01]

Yes it is very tricky indeed and u r absolutely correct its best to play safe and yes i have already applied for ilr but my team member need to follow the guidance properly to get extension and than ilr after.

Anyway thanks for the information and advice much appreciated

Regards

@ Rehan01, from this link;

Paragraph 100 of Tier 1 (Entrepreneur) Policy Guidance version 04/2014 Page 18/19 of 56

https://www.gov.uk/government/uploads/s ... _04-14.pdf

''Transitional arrangement – people who successfully applied to enter the route before 6 April 2014 may continue to employ:
• a single worker for 24 months; or
• one worker for 6 months and one for 18 months; or
• four workers for six months each
and still meet the requirements when they apply for extensions and for settlement. Anyone applying to enter the route on or after 6 April 2014 must create employment for at least two separate people and the jobs must exist for at least a full 12 months each.''

The wordings of the new changes is very tricky but in my own opinion I think the exception is for those that successfully applied and got visa before 06/04/2014 and not those that simply applied before 06/04/2014 and then got visa after 06/04/2014.

I will advice you to play safe and go for the new changes and avoid HO rules complications, but am guessing its only your team member who need it as you wont need to apply for extension but ILR.

[MTZ510]

Please clarify that whether an entrepreneurial team can use the employment of two persons for their extension application, just like they can share the same funds for investment or they have to create employment for two persons each individually.

Thanks

[rehan01]

Same as investment both can claim points for same employment.

Regards

Please clarify that whether an entrepreneurial team can use the employment of two persons for their extension application, just like they can share the same funds for investment or they have to create employment for two persons each individually.

Thanks

[MTZ510]

Thank you Rehan.

Same as investment both can claim points for same employment.

Regards

[adilzia]

Please clarify that whether an entrepreneurial team can use the employment of two persons for their extension application, just like they can share the same funds for investment or they have to create employment for two persons each individually.

Thanks

I spoke to my accountant about these both issues.

1.He said u both team members should be the directors of same company.
And if u both want to do different businesses.Then u both need to do their businesses under one mother company.He said this is the safe way.They can not argue in this scenario.

And u both need to show just 2 employments.Either you or your team member can show both employments.Even each team member can show 1 employment.

[MTZ510]

Thank you adilzia.

I spoke to my accountant about these both issues.

1.He said u both team members should be the directors of same company.
And if u both want to do different businesses.Then u both need to do their businesses under one mother company.He said this is the safe way.They can not argue in this scenario.

And u both need to show just 2 employments.Either you or your team member can show both employments.Even each team member can show 1 employment.

[dalaremal]

Hi
I'm just wondering that if we want to hire a European employee what is the criteria for that? I mean whether we need to advertise it? If yes, then where? Whether in newspaper or online ?
Please!

[cappachino]

You will not get credit for that u need local employees