Job creation requirment

[Alex11]

Hey guys, I have been checking the requirements for the job creation and the requirements for ILR application after TIER 1 Ent, extension.

In the current version of guidance, April 2016 edition, I have found that:

Specific Tier 1 (Entrepreneur) Criteria - settlement

3) You have either:

established a new UK business or businesses that has or have created the equivalent of 2 (or 10 if applying for accelerated settlement) new full-time jobs for persons settled in the UK, or
taken over or invested in an existing UK business or businesses; and your services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of 2 (or 10 if applying for accelerated settlement) new full-time jobs. The jobs must have existed for at least 12 months during your last grant of leave unless you entered the route before 6 April 2014. More details on the requirements for employing settled workers can be found in the previous section on extension applications.

Does this mean that 2 jobs that you create on your initial T1 Ent period and that let you qualify for the extension won't be considered for the ILR application later? Meaning that you need to employ 2 people during both your initial and your extension terms?

Thanks

[zimba]

Yes, job creation requirement applies to the LAST PERIOD of your visa. So if you apply for extension the last period of your visa is the 'initial period' and when you apply for ILR the last period is the 'extension period'.
This means that you need to satisfy the job creation requirement at extension as well as during ILR, in their respective last period

[nasiaziz]

Yes, job creation requirement applies to the LAST PERIOD of your visa. So if you apply for extension the last period of your visa is the 'initial period' and when you apply for ILR the last period is the 'extension period'.
This means that you need to satisfy the job creation requirement at extension as well as during ILR, in their respective last period

Hi zimba does this mean we have to create two full time positions when applying for extention and once extention is granted we have to create two full time positions for 12 months again within the two years of extented visa in order to apply for ILR
regards

[zimba]

Not necessarily. You need to create equivalent of two new jobs ONLY if the previous jobs from the initial period did not last for at least 12 months during your extension period. So if jobs from your initial period do not exist any more, you MUST ensure that you created 24 months of employment during your extension period to qualify for ILR

[nasiaziz]

Not necessarily. You need to create equivalent of two new jobs ONLY if the previous jobs from the initial period did not last for at least 12 months during your extension period. So if jobs from your initial period do not exist any more, you MUST ensure that you created 24 months of employment during your extension period to qualify for ILR

But if they did not last for 12 months in intial period how would one get extention..if they didnt fulfil the requirement.
a bit confusion.

[Alex11]

Yes, job creation requirement applies to the LAST PERIOD of your visa. So if you apply for extension the last period of your visa is the 'initial period' and when you apply for ILR the last period is the 'extension period'.
This means that you need to satisfy the job creation requirement at extension as well as during ILR, in their respective last period

Ok. Thanks for clarifying.

Not necessarily. You need to create equivalent of two new jobs ONLY if the previous jobs from the initial period did not last for at least 12 months during your extension period. So if jobs from your initial period do not exist any more, you MUST ensure that you created 24 months of employment during your extension period to qualify for ILR

Yes, that is a bit confusing. Do you mean that in case you keep the same 2 employees in your business after you get an extension, you would still need to keep them for at least 12 months during the 2 year extension period in order to qualify for ILR?

[zimba]

Yes, that is a bit confusing. Do you mean that in case you keep the same 2 employees in your business after you get an extension, you would still need to keep them for at least 12 months during the 2 year extension period in order to qualify for ILR?

Yes, otherwise you need to create 24 months of employment again (two new jobs)

[zimba]

Not necessarily. You need to create equivalent of two new jobs ONLY if the previous jobs from the initial period did not last for at least 12 months during your extension period. So if jobs from your initial period do not exist any more, you MUST ensure that you created 24 months of employment during your extension period to qualify for ILR

But if they did not last for 12 months in intial period how would one get extention..if they didnt fulfil the requirement.
a bit confusion.

Because for applicants covered by transitional arrangements, they need to have only the equivalent of 12 months of employment for two people (technically total of 24 months of full time employment)

[Alex11]

Because for applicants covered by transitional arrangements, they need to have only the equivalent of 12 months of employment for two people (technically total of 24 months of full time employment)

Excuse me, what do you mean by 'covered by transitional arrangements'?

By the way in the paragraph that I quoted from the guide, it is not 100% clear if these requirements are for those who have 'taken over or invested in an existing UK business or businesses' or for both including those who have established a new business.

[zimba]

Excuse me, what do you mean by 'covered by transitional arrangements'?

If you initially applied to enter the route before 6 April 2014 successfully. Transitional arrangements apply to your extension period too.

By the way in the paragraph that I quoted from the guide, it is not 100% clear if these requirements are for those who have 'taken over or invested in an existing UK business or businesses' or for both including those who have established a new business.

If you look at the Appendix A of the immigration rules, job creation requirement applies to the last period of your stay for anyone applying for extension or ILR. It is irrelevant whether you created a new business or kept the one you had.

[Alex11]

Ok, thanks. Let's please clarify one more bit.

So I plan to employ two people (by creating two jobs) in my business during my current initial period.
I would most likely do it 14 months before my deadline. So by the time I apply I would have the extension requirement fulfilled.

Then, while I would be waiting for the Home office to issue a new BRP for my extension period, these 2 employees will continue to work for me. But the decision period could take some time, lets say 2 months. After getting an extension the jobs will be active for the next 10 months. Will these 2 provisional months + the next 10 months be counted as satisfying the requirement for ILR?

[zimba]

Ok, thanks. Let's please clarify one more bit.

So I plan to employ two people (by creating two jobs) in my business during my current initial period.
I would most likely do it 14 months before my deadline. So by the time I apply I would have the extension requirement fulfilled.

Then, while I would be waiting for the Home office to issue a new BRP for my extension period, these 2 employees will continue to work for me. But the decision period could take some time, lets say 2 months. After getting an extension the jobs will be active for the next 10 months. Will these 2 provisional months + the next 10 months be counted as satisfying the requirement for ILR?

No, the time you are waiting to hear back is technically your initial period being extended (usually under section 3C after your visa expires). You need to have 24 months of employment after the extension is granted (within that 2 years).

[nasiaziz]

Ok, thanks. Let's please clarify one more bit.

So I plan to employ two people (by creating two jobs) in my business during my current initial period.
I would most likely do it 14 months before my deadline. So by the time I apply I would have the extension requirement fulfilled.

Then, while I would be waiting for the Home office to issue a new BRP for my extension period, these 2 employees will continue to work for me. But the decision period could take some time, lets say 2 months. After getting an extension the jobs will be active for the next 10 months. Will these 2 provisional months + the next 10 months be counted as satisfying the requirement for ILR?

No, the time you are waiting to hear back is technically your initial period being extended (usually under section 3C after your visa expires). You need to have 24 months of employment after the extension is granted (within that 2 years).

May be this is one of the reasons homeoffice is holding cases just to make us keep the employment for extra months while the case is processing and then an additional 24 months when we get the visa.
just my thought not sure.

[zimba]

They did a really bad job on my application then, approved in less than a month