Got T1-Ent extension. What's next?

[raj.m]

Hi everyone!

So I was successfully granted an extension visa on Tier 1 Entrepreneur (50K) a couple of months ago. I will be applying for ILR in 2018. I was going through the policy guidance and came across this:

You do not need to demonstrate that you have created 2 more full-time paid jobs, in
addition to the 2 jobs you created during the initial period of leave (which you evidenced
for your extension application), if the 2 full-time positions created in the initial period of
leave were maintained for at least 12 months during your last grant of leave;

I am a little confused. Basically, before my extension, I had two part time employees for 2 years which I used for my extension. However, one of my part time employees have left now and another part time employees' hours have been increased to 32 hours per week, thus making him full time. I would be looking for another full time employee soon. So, if I hire one more full time employee for 12 months, would i meet the requirements for ILR?

My question is - is it okay to have one employee from the start whose hours have been changed from part time to full time (more than 30 hours per week) AFTER the extension AND one new full time employee? Is it okay to have this combination? I am confused as the guidance says either you have to maintain the original 2 full time positions for 12 months or you have to create 2 new full time jobs for 12 months. But in my case, I will be maintaining one position (by changing his hours from part time to full time) and creating one new full time position. Please advise

Thank you

[sonirulz]

Dear Raj,

Congratulation on your extension application. Please can you advice if you invested through Directors Loan Agreement. Did you draft the legal documents and got it signed by lawyers? or did it internally?

Regards,
Soni

[raj.m]

Dear Raj,

Congratulation on your extension application. Please can you advice if you invested through Directors Loan Agreement. Did you draft the legal documents and got it signed by lawyers? or did it internally?

Regards,
Soni

I invested by way of share capital.

[raj.m]

Dear Raj,

Congratulation on your extension application. Please can you advice if you invested through Directors Loan Agreement. Did you draft the legal documents and got it signed by lawyers? or did it internally?

Regards,
Soni

I invested by way of share capital.

[moongesture]

As far as immigration law is concerned if you can either maintain or create two " Full Time Jobs" you can satisfy the Legal obligation for ILR.

[zimba]

It is irrelevant. You simply need 24 months of employment in that period to be eligible for ILR. Mix and match as you wish

[sm12]

It is irrelevant. You simply need 24 months of employment in that period to be eligible for ILR. Mix and match as you wish

I guess he can mix and match as long as both jobs have existed for 12 months each?

[zimba]

I guess he can mix and match as long as both jobs have existed for 12 months each?

No as he is covered by transitional arrangements.

[sm12]

I guess he can mix and match as long as both jobs have existed for 12 months each?

No as he is covered by transitional arrangements.

So as long as someone applied for the original Tier 1 Entrepreneur visa before April 2014, the transitional arrangements continue to apply even after extension?

[FOCUS]

@sm12:
YES, They apply. Check Page 80
https://www.gov.uk/government/uploads/s ... ur-v17.pdf

[awan905]

You again need 24month of employment, Initially it was not required but now you have to, also you can have one worker or 24 months or 4 for 6 months each because you are on transitional arrangements.

[raj.m]

I guess he can mix and match as long as both jobs have existed for 12 months each?

No as he is covered by transitional arrangements.

Thanks for your reply Zimba88. What would be the case in absence of transitional arrangements?

[raj.m]

Hello everyone!

So, I was going through the policy guidance of Tier 1 Entrepreneur and came across the Genuine Entrepreneur Test section for initial applications as well as extension applications. Now, I'm not sure if they cover ILR applications as well when they say "extension applications". How does the genuine entrepreneur test apply when you apply for ILR after 5 years under this route?

Thanks

[awan905]

Hello everyone!

So, I was going through the policy guidance of Tier 1 Entrepreneur and came across the Genuine Entrepreneur Test section for initial applications as well as extension applications. Now, I'm not sure if they cover ILR applications as well when they say "extension applications". How does the genuine entrepreneur test apply when you apply for ILR after 5 years under this route?

Thanks

I think if you are genuinely running a business and have already cleared the extension after interview then dont worry,in ILR there would not be any issue.

[zimba]

Thanks for your reply Zimba88. What would be the case in absence of transitional arrangements?

A position must last at least 12 months outside the arrangements. Under transitional arrangements, you can create several positions and mix them together. Without transitional arrangements, it is not possible.

So, I was going through the policy guidance of Tier 1 Entrepreneur and came across the Genuine Entrepreneur Test section for initial applications as well as extension applications. Now, I'm not sure if they cover ILR applications as well when they say "extension applications". How does the genuine entrepreneur test apply when you apply for ILR after 5 years under this route?

It does apply to ILR applications too. It is the same test and same criteria. You always need to prove you are genuine entrepreneur, operating within the permitted conditions of your stay

[raj.m]

Hello everyone!

So, I was going through the policy guidance of Tier 1 Entrepreneur and came across the Genuine Entrepreneur Test section for initial applications as well as extension applications. Now, I'm not sure if they cover ILR applications as well when they say "extension applications". How does the genuine entrepreneur test apply when you apply for ILR after 5 years under this route?

Thanks

I think if you are genuinely running a business and have already cleared the extension after interview then dont worry,in ILR there would not be any issue.

I am genuinely running a business but just want to know what kind of documents should I be sending them to pass this test when it comes to ilr. I got my extension without an interview. Thanks

[raj.m]

Thanks for your reply Zimba88. What would be the case in absence of transitional arrangements?

A position must last at least 12 months outside the arrangements. Under transitional arrangements, you can create several positions and mix them together. Without transitional arrangements, it is not possible.

So, I was going through the policy guidance of Tier 1 Entrepreneur and came across the Genuine Entrepreneur Test section for initial applications as well as extension applications. Now, I'm not sure if they cover ILR applications as well when they say "extension applications". How does the genuine entrepreneur test apply when you apply for ILR after 5 years under this route?

It does apply to ILR applications too. It is the same test and same criteria. You always need to prove you are genuine entrepreneur, operating within the permitted conditions of your stay

Thanks Zimba88 but what kind of documents should I be sending them to pass the genuine entrepreneur test as unaudited accounts aren't required for ilr applications, right?!

[zimba]

There are NO DOCUMENTS to send for the test. HO will perform the test and asks for documents or interview if required.
You also do NOT need to send evidence of investment as you are given the points already.

[raj.m]

There are NO DOCUMENTS to send for the test. HO will perform the test and asks for documents or interview if required.
You also do NOT need to send evidence of investment as you are given the points already.

Thanks for the clarification, Zimba.

One more question. In regard to creating employment before applying for ILR, you said I can mix and match because of the transitional arrangements. So, if I employ one person full time for 18 months and another person full time for 6 months, would that be okay?

[zimba]

yes, under 5 year ILR route with transitional arrangements

[raj.m]

yes, under 5 year ILR route with transitional arrangements

Thank you

[sm12]

What about combinations not mentioned in the guidance? For example, 21 months for one job and 3 months for another job?

[zimba]

What about combinations not mentioned in the guidance? For example, 21 months for one job and 3 months for another job?

Combination is allowed under transitional arrangements. Examples are simply examples. They did not say you should be in the exact same situation

[raj.m]

Hi Zimba. I hope you're well. A quick question, if that's okay. Am I okay to employ a Portuguese citizen who has been living in the UK for 5 years? I mean would the brexit have any consequences on this? Would this be okay to satisfy the job creation requirement for my ILR application which I would be making in 2018?

Thanks a lot

[zimba]

Hi Zimba. I hope you're well. A quick question, if that's okay. Am I okay to employ a Portuguese citizen who has been living in the UK for 5 years? I mean would the brexit have any consequences on this? Would this be okay to satisfy the job creation requirement for my ILR application which I would be making in 2018?

Thanks a lot

Yes, there has been NO change regarding the rights of EU citizens in the UK.