Tier 1 Entrepreneur to ILR

[tm231]

I intend to apply for my ILR by October 2018, within 28 days of my visa expiry date, but will be short of achieving the 2yrs employment after extension by 1month.

Below are my visa timelines
Tier 1 entrepreneur visa valid (50k route) valid from : 22/11/2012 to 22/03/2016
Extension visa for 2yrs valid from : 10/10/2016 to 10/10/2018

My first employee worked from Jan 2014 to Oct. 2016 and resigned
My second employee commenced work on Nov. 2016 till date.

My questions are:
1. Since the new employee started in Nov. 2017, considering the Pre 6 April 2014 transitional arrangement, would the employment of the first employee that ended in Oct. 2016 be combined with new employee that started in Nov. 2016 to achieve the qualifying 2yrs after extension for ILR (Job title and description is the same).
2. Can I apply for ILR by October 2018, as I would have completed 23 months employment as itemised above.

All your valuable advise will be greatly appreciated.

[tm231]

Pls ignore my earlier post as there was typo error in the employee start date.

I intend to apply for my ILR by October 2018, within 28 days of my visa expiry date, but will be short of achieving the 2yrs employment after extension by 1month.

Below are my visa timelines
Tier 1 entrepreneur visa (50k route) valid from : 22/11/2012 to 22/03/2016
Extension visa for 2yrs valid from : 10/10/2016 to 10/10/2018

My first employee worked from Jan 2014 to Oct. 2016 and resigned
My second employee commenced work in Nov. 2016 till date.

My questions are:
1. Since the new employee started in Nov. 2016, considering the Pre 6 April 2014 transitional arrangement, would the employment of the first employee that ended in Oct. 2016 be combined with new employee that started in Nov. 2016 to achieve the qualifying 2yrs after extension for ILR (Job title and description is the same).
2. Can I apply for ILR by October 2018, as I would have completed 23 months employment as itemised above.

All your valuable advise will be greatly appreciated.

[Mrchaany]

Sorry if u got first tier 1 visa in 2012
So your ilr would be 2017
Am I right.

[tm231]

Based on the Tier 1 (Entrepreneur) Policy Guidance version 04/2017, page 57, 205. it says "You can apply for settlement under Tier 1 (Entrepreneur) once you have reached five years continuous leave in the United Kingdom under the route".

Per above I should qualify for ILR in 2017. However, I have heard 2yrs employment requirement after extension to be on the safe side for ILR. I have not seen where it is stated in any guidance document.
Pls gurus give your insight.

[zimba]

You must have maintained/created 24 months of full time employment AFTER the extension was granted. You can hire multiple employees for less than a 12 months to cover this under transitional arrangements.

[marcnath]

As Zimba said, you can combine multiple people to make up the 24 months and the condition is that it should be "during your most recent grant of leave".
As it stands from your information, the one person who you have employed will not meet the 24 month requirement. Of course, if your business needs one more employee in the coming months and you hire a settled work to meet that need, you will satisfy the criteria.

[tm231]

Thank you zimba88 & marcnath for the information

[tm231]

I spoke with an immigration lawyer and he said otherwise. Pls Zimba88 and other gurus can you post the link of the HO guidance document containing 24months employment requirement after extension to qualify for ILR.

[zimba]

I spoke with an immigration lawyer and he said otherwise. Pls Zimba88 and other gurus can you post the link of the HO guidance document containing 24months employment requirement after extension to qualify for ILR.

Tier 1E guide says:

Pre 6 April 2014 transitional arrangement

If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation) :

- one worker for 24 months ;
- one worker for 6 months and one for 18 months ;
- 4 workers for 6 months each

[tm231]

Thank you very much zimb88.