ILR Tier 1 JOB CREATION

[rupi85]

Hi
First i would like to thank Zimba and all seniors who helped me in get my extension in 2017.
I applied my tier 1 in Feb 2014 and got visa on 23 Feb 2014
I applied my extension in Feb 2017 and got in Aug 2017.
My question is regarding job creation:
1) I have 1 part time worker 15 hours per week . I can count his hours after my extension.
2) Second worker is full time 30 hours per week working from September 2017.
3) i am under pre April rule so can I join 2 different jobs to meet my hours
4) I am thinking to apply in first week of February 2019. Please let me know i am ok with these 2 jobs

[raj.m]

You are covered by transitional arrangements, yes.

You need 24 months of full time employment or equivalent.

Your full time job from SEP 17 to Jan 19 will give you 17 months of full time employment.

Regarding your part time employment, it is unclear whether HO accepts, for instance - 12 months part time employment as 6 months full time employment. If HO doesn't accept this, your part time employment will be disregarded.

So, to be on the safe side, you should consider having two part time employees at the same time for at least 7 months or one additional full time employee for 7 months.

[ishfaqsangra]

You are covered by transitional arrangements, yes.

You need 24 months of full time employment or equivalent.

Your full time job from SEP 17 to Jan 19 will give you 17 months of full time employment.

Regarding your part time employment, it is unclear whether HO accepts, for instance - 12 months part time employment as 6 months full time employment. If HO doesn't accept this, your part time employment will be disregarded.

So, to be on the safe side, you should consider having two part time employees at the same time for at least 7 months or one additional full time employee for 7 months.

Better to have 2nd full time as well,God forbidden,if something goes wrong with ILR application and you have to reapply after April 2019 then there will be no more transitional arrangements and need to show 2 Full times for 12 Months each.
My combination is going to be the same 17+7 but I would rather go with 17+12 in March 2019(IA)

[rupi85]

Thanks for your reply.
According to you we can't consider part time job, it need to be full time job. Otherwise i can't score points for ILR.
1) I applied my extension on these two jobs one full time and second part time. I successfully granted extension
2) I calculate like 16 months full time job + 9 month ( 18 months of part time job) = 25 months. is it not right way to calculate?

[marcnath]

Thanks for your reply.
According to you we can't consider part time job, it need to be full time job. Otherwise i can't score points for ILR.
1) I applied my extension on these two jobs one full time and second part time. I successfully granted extension
2) I calculate like 16 months full time job + 9 month ( 18 months of part time job) = 25 months. is it not right way to calculate?

No, it does not have to be only full time jobs. Part time jobs are allowed.
But the immigration rules only talk about combining "2 or more part-time jobs" to make a full time equivalent. Additionally, the immigration rules clearly say you have to show, in your application, which jobs should be combined to make a full time equivalent.
Clearly, if you have only one part time job, you don't meet the conditions set out in the immigration rules.
However, In your extension and many other cases, HO seems to have been accepting one part time job as long as the total hours add up. i.e. they have been flexible with the rule.
The reason I encourage applicants to not depend on this flexibility is that
1) HO can stop applying that flexibility at any time and insist it should be 2 or more part-time jobs.
2) The new rules make it even clearer that all the part time jobs have to last 12 months each. While that condition is not applicable to you, it brings greater focus to the fact that there should be multiple part-time jobs to be combined. And since CW will be handling more cases under the new rules now, they may apply the same criteria of needing multiple jobs to the transitional cases too.
So, while you may be ok with the set up as you are, you are running a risk. So, it is safer to have a second part-time job.
You don't need another full time job, but one more part-time job for 7 months.
If that is the case, the one full time job will give you 17 months. And you can combine the two part-time jobs for 7 full time equivalent jobs.

[rupi85]

Thanks marcrath for your detailed reply
1) If i hire one more part time employee for 6 months then i will be ok? then 6 months ( 12 month of 1 part time employee) + 6 months ( 2 part time employees for 6 months make 1 full time job) = 12 months
2) 12 month of full time employee
Please let me know then i will be safe or not

[marcnath]

Thanks marcrath for your detailed reply
1) If i hire one more part time employee for 6 months then i will be ok? then 6 months ( 12 month of 1 part time employee) + 6 months ( 2 part time employees for 6 months make 1 full time job) = 12 months
2) 12 month of full time employee
Please let me know then i will be safe or not

That is confusing. Your calculation would be :
1) 1 Full time job from Sept 2017 to Jan 2019 - 17 months of FT job.
2) 1 PT job from Sept 2017 to Feb 2018 combined with 2nd part time job from Mar 2018 to Sept 2018 to make 7 months of FT equivalent (The start and end dates are arbitrary - you can choose any seven months, even if it is not continuous, between Aug 2017 and your application date)

As long as you are applying before April 2019, you are under transitional arrangement, so you this combination works.

[rupi85]

Thanks marcnath
My last post was bit confusing so i try to explain what i am thinking. Please let me know i am right or wrong
I created 2 jobs one full time and one part time with different job title
1) My full time job Sep 2017 -Jan 2019 make 17 months.
2) Part time job 15 hrs per week from Aug 2017.
i) In coming month if i hire 1 more part time worker 15 hrs per week then i will become full time job.
ii) I am thinking to hire in May 2018.
iii) In Aug 2018 the part time job i created( 15 hrs per week) will the hours of this part time job from Aug 2018 - May 2018 will get counted or not?
OR
ONLY Full time job hours ( 2 part time job , 15 HRS of 2 workers per week) get counted when i hire one one part time worker in that job in May 2108?

[marcnath]

Thanks marcnath
My last post was bit confusing so i try to explain what i am thinking. Please let me know i am right or wrong
I created 2 jobs one full time and one part time with different job title
1) My full time job Sep 2017 -Jan 2019 make 17 months.
2) Part time job 15 hrs per week from Aug 2017.
i) In coming month if i hire 1 more part time worker 15 hrs per week then i will become full time job.
ii) I am thinking to hire in May 2018.
iii) In Aug 2018 the part time job i created( 15 hrs per week) will the hours of this part time job from Aug 2018 - May 2018 will get counted or not?
OR
ONLY Full time job hours ( 2 part time job , 15 HRS of 2 workers per week) get counted when i hire one one part time worker in that job in May 2108?

The requirement is 24 months (or 104 weeks) of full time equivalent.
Once you get to that number, then the rest does not matter.
So, you have 17 months of full time job.
You have 1 PT job also 17 months.
You will have a 2nd PT job from Map 2018 to Jan 2019 (7 month).
With that, you will have more than the required amount. So, I am not sure why whether Aug 2017 to May 2018 counts or not matters ? Even if it counts, it is extra.
Or am I getting something wrong ?

[rupi85]

Hi
I have a question regarding job creation for tier 1 entrepreneur extension( ILR next year). Can we hire a person who first married to EU national got five year visa and then get 10 years permanent residence visa?
On person residence permit following things written :
Types of Permit: Permanent residence
Remarks: Work permit
Residence card of a family member of union citizen

Please let me know is it ok for us to hire that person to score point

[CR001]

Kindly keep your questions in a single topic.

A non-EU citizen will only be considered for employment from the date PR is granted.

PR = Settled

[rupi85]

Sorry to post on different topic. Next time i will post on same topic.
Thanks CR001 for your reply.

So i can hire the person and i will score point for that.

Before i hired 1 full time and 1 part time. as per ILR requirement i have to create 2 full time jobs

1 full time ( From September 2017)
1 part time + 1 part time ( April18) = Full time ( Under same job title)
My ILR is due in Feb 2018. I will be ok with it?

[marcnath]

Sorry to post on different topic. Next time i will post on same topic.
Thanks CR001 for your reply.

So i can hire the person and i will score point for that.

Before i hired 1 full time and 1 part time. as per ILR requirement i have to create 2 full time jobs

1 full time ( From September 2017)
1 part time + 1 part time ( April18) = Full time ( Under same job title)
My ILR is due in Feb 2018. I will be ok with it?

Yes, it would be ok.

This question was asked and answered earlier - was there something unclear ?

[Leeee704]

The requirement is 24 months (or 104 weeks) of full time equivalent.
Once you get to that number, then the rest does not matter.
So, you have 17 months of full time job.
You have 1 PT job also 17 months.
You will have a 2nd PT job from Map 2018 to Jan 2019 (7 month).
With that, you will have more than the required amount. So, I am not sure why whether Aug 2017 to May 2018 counts or not matters ? Even if it counts, it is extra.
Or am I getting something wrong ?
[/quote]

Dear Monarch,

1st of all Sorry for interpretation, Actually i am bit confused as well with the similar points.
I have 2 questions:

Each part time job has to be exist at least for 6 months under transitional arrangement?

4 part timers for 12 months with different job titles can qualify for job creation ?

Please answer.
Thanks

[rupi85]

Thank to all members who gave valuable advise in my Tier 1 Entrepreneur Journey. My ILR is due in last week of January 2019. I got my initial visa in 21 Feb 2014 (on BRP)and got extension 7-8-2017 valid till 1-8-2019.
I have few questions need your advise:
1) I have one employee who worked with us from 2015 but in May 2017 he left. I that time my extension application was pending and didn't hire anyone on his postilion. He wanted to come back after 2 months. I hired him again in September 2017 as full time employee. My question is i have to send his new contract from September 2017 or the old one which we signed in 2015.
2) I need to send the proof of investment. If yes which documents are relevant.
3) I need to prove Genuine entrepreneur. If yes which documents are relevant.
4) I need to send director loan agreement again
5) I created 2 jobs one full time from 5 September 2017 and 2 part time jobs under same position. One part time employee work with us from start i can count him after extension . Second part time start fro 5 April 2018. Please explain how can i add hours. Can i claim thehours part time job from Sept 2017 to March 2017 or claim only when i combine 2 part time jobs to make full time( 5 April 2018)?
6) Can i apply on 29 January 2019? or wait till 5 Feb 2019 so i can claim one more month jobs
7) I need to send 6 month business bank statement or 1 year?
I need to send personal Account bank statement?
9) My son born in UK. I need to send his ILR as well Or once i received my ILr then applied for his British passport

[CULLINAN]

Thank to all members who gave valuable advise in my Tier 1 Entrepreneur Journey. My ILR is due in last week of January 2019. I got my initial visa in 21 Feb 2014 (on BRP)and got extension 7-8-2017 valid till 1-8-2019.
I have few questions need your advise:
1) I have one employee who worked with us from 2015 but in May 2017 he left. I that time my extension application was pending and didn't hire anyone on his postilion. He wanted to come back after 2 months. I hired him again in September 2017 as full time employee. My question is i have to send his new contract from September 2017 or the old one which we signed in 2015.
2) I need to send the proof of investment. If yes which documents are relevant.
3) I need to prove Genuine entrepreneur. If yes which documents are relevant.
4) I need to send director loan agreement again
5) I created 2 jobs one full time from 5 September 2017 and 2 part time jobs under same position. One part time employee work with us from start i can count him after extension . Second part time start fro 5 April 2018. Please explain how can i add hours. Can i claim thehours part time job from Sept 2017 to March 2017 or claim only when i combine 2 part time jobs to make full time( 5 April 2018)?
6) Can i apply on 29 January 2019? or wait till 5 Feb 2019 so i can claim one more month jobs
7) I need to send 6 month business bank statement or 1 year?
I need to send personal Account bank statement?
9) My son born in UK. I need to send his ILR as well Or once i received my ILr then applied for his British passport

1) No contract needed
2) No proof for investment needed for ILR
3) No documents required
4) No
5) I cant answer this wait for others to respond
6) You can apply 28 days before your qualifying period.
7) Only 1 month bank statement OR bank letter is required according to the guidance
8 Not required
9) You can apply for sons British Citizenship application via MN1 form after you get your ILR. British passport is after that.

[marcnath]

Thank to all members who gave valuable advise in my Tier 1 Entrepreneur Journey. My ILR is due in last week of January 2019. I got my initial visa in 21 Feb 2014 (on BRP)and got extension 7-8-2017 valid till 1-8-2019.
I have few questions need your advise:
1) I have one employee who worked with us from 2015 but in May 2017 he left. I that time my extension application was pending and didn't hire anyone on his postilion. He wanted to come back after 2 months. I hired him again in September 2017 as full time employee. My question is i have to send his new contract from September 2017 or the old one which we signed in 2015.
2) I need to send the proof of investment. If yes which documents are relevant.
3) I need to prove Genuine entrepreneur. If yes which documents are relevant.
4) I need to send director loan agreement again
5) I created 2 jobs one full time from 5 September 2017 and 2 part time jobs under same position. One part time employee work with us from start i can count him after extension . Second part time start fro 5 April 2018. Please explain how can i add hours. Can i claim thehours part time job from Sept 2017 to March 2017 or claim only when i combine 2 part time jobs to make full time( 5 April 2018)?
6) Can i apply on 29 January 2019? or wait till 5 Feb 2019 so i can claim one more month jobs
7) I need to send 6 month business bank statement or 1 year?
I need to send personal Account bank statement?
9) My son born in UK. I need to send his ILR as well Or once i received my ILr then applied for his British passport

1) No contract needed
2) No proof for investment needed for ILR
3) No documents required
4) No
5) I cant answer this wait for others to respond
6) You can apply 28 days before your qualifying period.
7) Only 1 month bank statement OR bank letter is required according to the guidance
8 Not required
9) You can apply for sons British Citizenship application via MN1 form after you get your ILR. British passport is after that.

5) and 6) You can apply 28 days before 5th Feb 2019, so around 8th Jan 2019. By 5th Jan, you should have 16 months of one employee FT. So, you only need 8 months of two PT jobs, which it appears you will have. You list them as three separate jobs - 1 FT and 2 PT and indicate that the 2 PT are combined with each other to make a FT job

[rupi85]

Thanks marcnath for your reply. I got my initial visa 22 feb 2014 Then i can apply 28 before

[marcnath]

Thanks marcnath for your reply. I got my initial visa 22 feb 2014 Then i can apply 28 before

Sorry, not sure where I got the 5th Feb date. It is 28 days before 21 Feb 2019, so around 24th Jan 2019

[rupi85]

One more question, i need to send company accounts?

[marcnath]

One more question, i need to send company accounts?

No

[rupi85]

Please explain me how can i combine 2 part time job.
1 full time from 5 Sep 2017 - 5 Jan 2019= 16 months

1 part time job from 5 Sep 2017 - 5 Jan 2019 (15 hrs per week) and 2nd part time job 5 April 2017 - 5 Jan 2019 (20 hours per week).

How can combine them, shall i leave the hours for part time when there is just one part time employee (Sep 2017 till march 2018) ?
Just claim the hours when i combine 2 part time jobs 5 April 2018 -Jan 2019?

I am very confuse here please help

[marcnath]

Please explain me how can i combine 2 part time job.
1 full time from 5 Sep 2017 - 5 Jan 2019= 16 months

1 part time job from 5 Sep 2017 - 5 Jan 2019 (15 hrs per week) and 2nd part time job 5 April 2017 - 5 Jan 2019 (20 hours per week).

How can combine them, shall i leave the hours for part time when there is just one part time employee (Sep 2017 till march 2018) ?
Just claim the hours when i combine 2 part time jobs 5 April 2018 -Jan 2019?

I am very confuse here please help

You would list three separate jobs in the Job table.

One for the FT job.
Job 2, for the employee from Sep 17 to Jan 19. Indicate that this is combined with Job 3
Job 3, for the employee from Apr 18 to Jan 19 and show it is combined with Job 2

It does not matter if you include or exclude Sep 17 to Mar 18. Since you have 16 months of FT employment, you only need to provide ANY 8 months of employment for each of the PT employees.

But adding a few months additional is always good just in case some paper work gets missed/lost. So, it may be just easier to include the entire documentation for both PT employees (it is not a lot)

[rupi85]

Thanks to all for giving valuable information.
1) When i applied for my extension application 2016 i sent employees contract that describe their job title, working hours ans start date. I need to send it for ILR as well ? sorry i am repeating it again
2) I need to send p45, p60 ( sent When i applied for my extension application 2016 )

[CULLINAN]

Thanks to all for giving valuable information.
1) When i applied for my extension application 2016 i sent employees contract that describe their job title, working hours ans start date. I need to send it for ILR as well ? sorry i am repeating it again
2) I need to send p45, p60 ( sent When i applied for my extension application 2016 )

1) No
2) No

Even back then it was not a requirement