Tier 1 Extension Urgent advice need please

[sskhalsa]

Hello Everyone

I am applying for Tier 1 extension end 25th of jan 17.

I have few questions if someone can advice on that please.

Employee 1 (British) worked Nov2014 to Nov 2015, Total 174 hrs x 13 months= 2,262hrs

Employee 1 started again (British) worked- Part time- Sept 2016 to present, flexible hours(104, 80, 100, 60, 100) in 5 months.

Employee 2 (British) worked- Part Time- Oct 2016 to present, Flexible hours(30, 140, 90, 100) in 4 months

Employee 3 (British) Worked-Part time- Sept 2016 to present, Flexible hours( 76, 90, 100, 60, 100)

Employee 4(EU)- Full time- 150 hours full time- 6 months

Employee 5(EU)- Full time- 150 hours full time- 6 months

Employee 6(EU)- Full time- 150 hours full time- 8 months


All my EU employees are living in UK from last 2-3 years not more than that.

Can you please some explain if I meet HO requirements?

I am confused someone told me HO not considering EU employees if they are not lived more than 5 years.

Its urgent please advice

Thanks
Surrender

[CR001]

Your question on EU citizens was answered in your previous post of April 2016, in which you state you were applying for extension in December 2016, but now you state end of January

http://www.immigrationboards.com/uk-tie ... l#p1332663

[sskhalsa]

I know mate, I was going to applying in dec 2016 but due to circumstances i couldn't do that.

Can you please answer my question.

Visa expiring in 31 jan 2017

[CR001]

Your question on EU citizens was answered in your previous post of April 2016, in which you state you were applying for extension in December 2016, but now you state end of January

http://www.immigrationboards.com/uk-tie ... l#p1332663

The answer will be no different in regards to your EU employees. On your other employees, suggest wait for other to comment or read the guidance notes. Many topics in the forum regarding employees etc too.

[sskhalsa]

Can you please who is settled person ? Its too confusing for me.

[Jazz2007]

Can you please who is settled person ? Its too confusing for me.

According to guidance

For the purposes of this route, a ‘settled worker’ is a person who is:
• a national of the UK
• a British overseas territories citizen - except those from sovereign base areas in
Cyprus - including nationals of:
o Anguilla
o Bermuda
o British Antarctic Territory
o British Virgin Islands
o British Indian Ocean Islands
o Cayman Islands
o Falkland Islands and dependencies
o Gibraltar
o Montserrat
o Pitcairn Islands
o St Helena, Ascension and Tristan da Cunha
o Turks and Caicos Islands
• A Commonwealth citizen who was allowed to enter or to remain in the UK on
the basis that a grandparent was born here
• 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
• a national of:
o Austria
o Belgium
o Bulgaria
Croatia (other than a national of Croatia requiring worker authorisation in the
event that they take employment in the UK)
o Cyprus
o Czech Republic
o Denmark
o Estonia
o Finland
o France
o Germany
o Greece
o Hungary
o Iceland
o Republic of Ireland
o Italy
o Latvia
o Liechtenstein
o Lithuania
o Luxembourg
o Malta
o the Netherlands
o Norway
o Poland
o Portugal
o Romania
o Slovakia
o Slovenia
o Spain
o Sweden
o Switzerland, who is exercising an EC Treaty Right in the UK
Workers who need approval to work in the UK cannot count towards the award of points even if they have permission to work for the applicant’s business. Any holder
of a letter of permission to work under any of the Tier 1 of the points-based system categories will not count for the award of points.

[zimba]

See http://www.immigrationboards.com/uk-tie ... l#p1332069

[sskhalsa]

Thanks for you reply...

It means they consider EU employees as well does not matter how long they are been in this country?

Is that right?

[Jazz2007]

Thanks for you reply...

It means they consider EU employees as well does not matter how long they are been in this country?

Is that right?

According to Rules,Yes

[sskhalsa]

Thank you everyone for the advice.

[sskhalsa]

Hi

I have just spoken to my solicitor he said they are not considering EU employees who not stayed in this country for 5 year.

anyone who got visa using EU employee same as my situation?

thanks

[CR001]

Your solicitor is wrong. Ask for a refund.

[Jazz2007]

Your solicitor is wrong. Ask for a refund.

+1

No Solicitor is Bigger than Rules!!!

[live4pride]

Advice is you are fine to employ EU nationals and but change your solicitor!! Follow policy guide and HMRC and you should be fine.. good luck..