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Dear Sir,

I am pre April 2014 got approval for initial application 03/03/2014. Applied for extension 03/03/2017 still waiting for outcome. Hopefully will get decision soon and then i am eligible for ILR on 03/03/2019. Just getting my self ready. I have a question for job creation of 2 settled persons.

Employee 1: Doing 45 hours a week on the payroll of £19000
Employee 2: Doing 24 hours a week on the payroll of £9770

can i join the both employees hours to claim 2 jobs of the employee two has to be on 30 hours so that i can claim him

Also employee one is being employed since Sep 2014 can i claim only one employee for last two years?

Thanks

amirakbar wrote: ↑

Mon Jul 09, 2018 11:06 am

Dear Sir,

I am pre April 2014 got approval for initial application 03/03/2014. Applied for extension 03/03/2017 still waiting for outcome. Hopefully will get decision soon and then i am eligible for ILR on 03/03/2019. Just getting my self ready. I have a question for job creation of 2 settled persons.

Employee 1: Doing 45 hours a week on the payroll of £19000
Employee 2: Doing 24 hours a week on the payroll of £9770

can i join the both employees hours to claim 2 jobs of the employee two has to be on 30 hours so that i can claim him

Also employee one is being employed since Sep 2014 can i claim only one employee for last two years?

Thanks

Since you are eligible for ILR on 3rd March 2019, you can send in your application sometime after 7th Feb 2019.
If you apply on 7th Feb 2019, you can only use employment 12 months before - that is from 8th Feb 2018.

Regarding job creation, you have to look at jobs and not employees.

Assuming Employee 1 is doing Job 1 and Employee 2 is doing Job 2, Job 2 will be considered part-time. So you will not meet the job creation requirements.

To repeat something said many times - you CANNOT just total up hours to meet the requirement.

I applied for ILR using the same methodology and was rejected, the reasons at that time for rejection was:

after the extension is granted (your clock for your employee counts resets to 0), your employees should have worked for you for atleast 12 months after your extension has been granted, do check the specific rules after extension, i got rejected on the same grounds and later on i applied again as soon as i qualified in 2017 and was granted ILR when i was able to demonstrate 12 months of employment after the extension.

This was back on 2016/2017, not sure if the rules have changed since, but the above is what applied back then, just an heads up.

The refusal at that time stated as follows:


With regards to Row 3 of Table 6 Above, you are required to demonstrate that you have created the equivalent of 2 full time jobs for persons settled in UK and that these jobs have existed for atlas 12 months during the last period of leave granted to you as Tier 1 Entrepreneur Migrant.

you have claimed points for job creation for the following employees:


Employee 1
Employee 2
Employee 3
Employee 4
Employee 5
Employee 6
etc etc



All your employees have has their hours discounted from the hours of employment claimed as they existed prior to your last grant of leave which started on ___ ___ 2016 and also therefore did not exist for 12 months during that last grant of leave.

Insufficient evidence was provided to demonstrate that you have created 2 full time jobs that have existed for 12 months during the last grant of leave.

You have therefore been awarded 0 points under Row 3 of Table 6 of Appendix A of the immigration rules with regards to job creation.