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Employee leaving- Effects on extension

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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sm12
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Employee leaving- Effects on extension

Post by sm12 » Wed Sep 07, 2016 8:36 pm

An employee is leaving at the end of the month and I do not want to employ someone else till my visa status is confirmed.
If I do succeed in getting extension, will I have to remploy someone immediately or soon after in the same position?

hina_pirzada
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Re: Employee leaving- Effects on extension

Post by hina_pirzada » Thu Sep 08, 2016 9:30 am

I would suggest you to employee someone as soon. Do not break your employee period.

babaty2k02
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Re: Employee leaving- Effects on extension

Post by babaty2k02 » Thu Sep 08, 2016 9:48 am

hina_pirzada wrote:I would suggest you to employee someone as soon. Do not break your employee period.

....and also, in addition to the above, you need to show that you'll continue to employ for the next 2 yrs as its a requirement for ILR. You having an employee on your payroll during extension might convince the case worker on the genuineness test on employment

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zimba
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Re: Employee leaving- Effects on extension

Post by zimba » Thu Sep 08, 2016 9:50 am

sm12 wrote:An employee is leaving at the end of the month and I do not want to employ someone else till my visa status is confirmed.
If I do succeed in getting extension, will I have to remploy someone immediately or soon after in the same position?
Not necessarily. You simply need to have at least two position for 12 months during your extension before your ILR.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sm12
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Re: Employee leaving- Effects on extension

Post by sm12 » Thu Sep 08, 2016 7:29 pm

zimba88 wrote:
sm12 wrote:An employee is leaving at the end of the month and I do not want to employ someone else till my visa status is confirmed.
If I do succeed in getting extension, will I have to remploy someone immediately or soon after in the same position?
Not necessarily. You simply need to have at least two position for 12 months during your extension before your ILR.
Thank you everyone for your help.
What happens if there is a gap of a few months before someone new joins? Can it still count as one position?

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zimba
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Re: Employee leaving- Effects on extension

Post by zimba » Fri Sep 09, 2016 10:08 am

You are claiming points for a position that existed for 12 months (continuous or not) not an employee. A gap is not a problem as long as your position existed for 12 months
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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