Got T1-Ent extension. What's next?

[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

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

Thank you Zimba.

[raj.m]

Sorry to hijack this thread! Just thought I would use this thread to ask a few questions in relation to "what next after extension"

Set (o)

Section 5: your home and finances

5.1 asks you about your home. What if your home is owned by a relative? Does that mean anything to the HO?

5.3 asks if you're working in the UK. For someone who is on entrepreneur visa, would the answer be yes or no?

[raj.m]

Hi Zimba. I am sorry for bothering you so much but this is really confusing.

Page 57 of the policy guidance -

3) You have either:
 established a new UK business or businesses that has or have created the equivalent
of 2 (or 10 if applying for accelerated settlement) new full-time jobs for persons settled
in the UK, or
taken over or invested in an existing UK business or businesses; and your services or
investment have resulted in a net increase in the employment provided by the business
or businesses for persons settled in the UK by creating the equivalent of 2 (or 10 if
applying for accelerated settlement) new full-time jobs. The jobs must have existed for
at least 12 months during your last grant of leave unless you entered the route before 6
April 2014. More details on the requirements for employing

In my first three years of entrepreneur visa, I had two employees, both of them part time. One of them left just before I applied for my extension. After I successfully extended my visa, the only part time employee I had went full time. What I understand now is I need to create equivalent of two NEW full time posts in my 2 year period before I apply for ILR. However, this part time employee who went full time..I've had him in the company since the very beginning. So that's not really a new full time-job. Am I right here? Or am I just complicating this by overthinking? Please help. Many thanks

[zimba]

No, you do not need to create NEW jobs unless you maintained none. You need to SIMPLY have total of 24 months of full time employment. This is much clearer in the case worker guide page 80:

Further leave
If the applicant‘s last grant of leave before the current grant was as a Tier 1 (Entrepreneur) (ie, they are applying for a second extension):

• they do not need to demonstrate job creation in addition to the employment created during the initial period of leave, if the employment created in the initial period of leave was maintained for 12 months or in line with the transitional arrangement during their last grant of leave

• they must show they have created 2 new jobs which have existed for at least 12 months or in line with the transitional arrangement during their last grant of leave, if the jobs from the initial leave no longer exist.

This arrangement is also applicable to 5 year ILR applications . However , the employment will be in relation to the extension period of leave, rather tha n the initial period of leave.

https://www.gov.uk/government/uploads/s ... ur-v17.pdf

[VWS]

Hi Zimba88

Many thanks for all your help.

I know you may have answered this but am just clarifying myself. I have applied for extension on TIER 1 under transitional arrangements. I have a full time employee who is working with me since last 17 months and is still carrying on with the job.

So once I receive my extension, in terms of ILR, does that mean I have to employ another person for 12 months. or it has to be another mix and match for an employment of 24 months.

The full time employee has no plans to leave and can still carry on with me for quite some time. How will his employement be calculated?

What do you suggest?

[zimba]

24 months of employment is the benchmark. If he works for 12 months during the extension period, then you can count that for your ILR as one job. NO NEED to create new jobs if the jobs you created before lasted for more than a year during your extension period.

[VWS]

Great

Just a quick one now...

if I hire someone while my extension application is with home office, will this be counted in that 24 month employment period?

[zimba]

Great

Just a quick one now...

if I hire someone while my extension application is with home office, will this be counted in that 24 month employment period?

No, 24 months of employment during extension period

[VWS]

Great

Just a quick one now...

if I hire someone while my extension application is with home office, will this be counted in that 24 month employment period?

No, 24 months of employment during extension period

Thanks

so this is what i get from all this.

Under transitional arrangement visa, the employees on the basis of which extension has been sent, will be counted as employees if they carry on for 12 months once u have recieved your extension (time HO has taken to give a response to ur visa is counted towards your 1st visa timescale), so nothing is counted for this time even if a business hires a new employee.

once u get your extended visa, if 1 full time employee has carried on working, his employment will be counted again from the date or month when u receive your extension. Rest we have to show 24 months employment using mix and match of jobs as the original visa was under transitional arrangements as per guidance pg 80.

for example if 1 full time employee who worked for 17-18 months on your initial application has carried on working for the company. The extended visa once received and he is still employed so his employement account will start from 0 again from the month in which we have received the visa.

have i got it all correct?

[zimba]

Yes, when you are waiting for your visa your initial period will continue under section 3C. However the rules require you to have 24 months during the extension period for ILR

I discussed this recently here: http://www.immigrationboards.com/uk-tie ... 17829.html

[raj.m]

Moderators, I don't know what's happened to previous posts on this thread. All of them are missing.

[zimba]

The answers are self evident. Do you own your home ? Yes,NO .... Do you work ? Yes, company director. done
This sometimes matters for some types of settlements. No relevance in Tier 1 Entrepreneur

[raj.m]

The answers are self evident. Do you own your home ? Yes,NO .... Do you work ? Yes, company director. done
This sometimes matters for some types of settlements. No relevance in Tier 1 Entrepreneur

They are self-evident but what I am trying to get to is the purpose of these questions. I mean if your home is owned by a relative and they just let you live there without paying any rent, does that mean anything to the HO?

Also, about the work question, if you answer it with a yes, it further asks you to provide the salary amount. In my case, I withdraw a minimal amount as a salary. Does that mean anything to the HO? How do they look at this?

This set (o) form is really weird and confusing :S

[zimba]

No it means nothing to them for a Tier 1E.
SET(O) is not only for Tier 1E people, it covers pretty much MOST people who apply for ILR with different circumstances.
Some routes like family and Tier 2 have certain min salary and other requirements.

[raj.m]

No it means nothing to them for a Tier 1E.
SET(O) is not only for Tier 1E people, it covers pretty much MOST people who apply for ILR with different circumstances.
Some routes like family and Tier 2 have certain min salary and other requirements.

Thank you