Question regarding an employee for entrepreneur visa exten

[Kami86]

Hi
Regarding the requirement of two workers for entrepreneur visa extension, Do a guy with indefinite leave to remain fulfill the requirement of settled UK worker OR does he have to be someone with British/European passport

[Olasunkanmi]

@ Kami86 , ILR holder are categorised as settled people according to this;
HO policy guidance on page 42 of 53


• Settled in the UK within the meaning of the Immigration Act 1971, as amended by the
Immigration and Asylum Act 1999, and the Nationality, Immigration and Asylum Act 2002.
Note that workers requiring approval to work in the UK, such as holders of an immigration
employment document under the work permit arrangements, will not count towards the award of points even if they have permission to work for your business. Any holder of a letter of permission to work under Tier 1 of the Points Based System such as under the Tier 1 (General) category will not count for the award of points.

[shan101]

I think no, because you have to keep copies of British or EU passport of that employee and to submit at the time of extension.

[Kami86]

@ Kami86 , ILR holder are categorised as settled people according to this;
HO policy guidance on page 42 of 53


• Settled in the UK within the meaning of the Immigration Act 1971, as amended by the
Immigration and Asylum Act 1999, and the Nationality, Immigration and Asylum Act 2002.
Note that workers requiring approval to work in the UK, such as holders of an immigration
employment document under the work permit arrangements, will not count towards the award of points even if they have permission to work for your business. Any holder of a letter of permission to work under Tier 1 of the Points Based System such as under the Tier 1 (General) category will not count for the award of points.

So you think that, ILR HOLDERS do not fulfil the requirement of employment creation under entrepreneur route

[Olasunkanmi]

@ kami86, if you go through my post you will see that I have stated that ILR holders are settled people and can be employ to fulfil the employment condition of tier1 entrepreneur visa.

[shan101]

settled status link for extension of Tier1 Entrepreneur:

http://www.ukba.homeoffice.gov.uk/visas ... mployment/




Settled status
Evidence of an employee's settled status in the UK may be:

passport pages containing their personal details;
passport page containing the UK government stamp's or endorsement, if appropriate; and/or
their birth certificate.

[Olasunkanmi]

settled status link for extension of Tier1 Entrepreneur:

http://www.ukba.homeoffice.gov.uk/visas ... mployment/




Settled status
Evidence of an employee's settled status in the UK may be:

passport pages containing their personal details;
passport page containing the UK government stamp's or endorsement, if appropriate; and/or
their birth certificate.

@ shan101, do you actually know that only settled people requires stamps or endorsement in the form of ILR BRP and no British citizen get issued with such stamps except that they use their British passport.
So the section you quoted is in fact referring to ILR holder who are already settled in UK.