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JOB creation-post Extension

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Meesha
Senior Member
Posts: 504
Joined: Thu Dec 26, 2013 12:51 am

JOB creation-post Extension

Post by Meesha » Wed Oct 04, 2017 1:31 pm

Dear Forum members and Zimba,
I created 2 full time jobs during first 3 years of my visa and i closed the jobs after 12 months which fulfilled the criteria. Now i have recreated same jobs and hired same persons again, though for one of them this is his second job now.
1: I am strictly hiring these people to meet job creation criteria as my business can do well without them too. I kept same person on jobs, then rehired them after 9 months for same jobs. Is this can be a problem for my ILR application?
2. I want to enrol my husband on payroll (He has ILR now but was holding Tier1 Ent. dependent visa before). Is it allowed? will it be considered as a job?

Many thanks

User avatar
marcnath
Moderator
Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: JOB creation-post Extension

Post by marcnath » Wed Oct 04, 2017 2:27 pm

Meesha wrote:
Wed Oct 04, 2017 1:31 pm
Dear Forum members and Zimba,
I created 2 full time jobs during first 3 years of my visa and i closed the jobs after 12 months which fulfilled the criteria.
Did you keep them on for 12 months after the extension was granted ? If so, you have met the job creation requirements for ILR.
Meesha wrote:
Wed Oct 04, 2017 1:31 pm
Now i have recreated same jobs and hired same persons again, though for one of them this is his second job now.
1: I am strictly hiring these people to meet job creation criteria as my business can do well without them too. I kept same person on jobs, then rehired them after 9 months for same jobs. Is this can be a problem for my ILR application?
There is no need to do that if you have already met the criteria.
If your business does not need the people, do they have any work to do when they are employed by you ?
Meesha wrote:
Wed Oct 04, 2017 1:31 pm
2. I want to enrol my husband on payroll (He has ILR now but was holding Tier1 Ent. dependent visa before). Is it allowed? will it be considered as a job?
Yes, it is allowed and since he is a settled work, it can be counted against your job creation requirements. But it looks like you don't need it unless I misunderstood the first part of your post
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Meesha
Senior Member
Posts: 504
Joined: Thu Dec 26, 2013 12:51 am

Re: JOB creation-post Extension

Post by Meesha » Wed Oct 04, 2017 2:36 pm

Hi Dear,
Thanks for your reply. In 1st part i mentioned about pre-extension 12 months. So basically i hired two employees for 12 months and then applied for extension. It took 8 months to get visa approved so i did not have any employee during that time. As extension has approved, i hired same people again for same jobs.
Off course they have to work as i pay them. But i am not generating any profit so in ideal scenario i would have developed my work to an extent where i could have employed two people.
My husband work for my company for last three years for free thats why i thought of enrolling him on payroll too and was wondering if it can be a problem?
Thanks a lot

User avatar
marcnath
Moderator
Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: JOB creation-post Extension

Post by marcnath » Wed Oct 04, 2017 2:59 pm

Meesha wrote:
Wed Oct 04, 2017 2:36 pm
Hi Dear,
Thanks for your reply. In 1st part i mentioned about pre-extension 12 months. So basically i hired two employees for 12 months and then applied for extension. It took 8 months to get visa approved so i did not have any employee during that time. As extension has approved, i hired same people again for same jobs.
Off course they have to work as i pay them. But i am not generating any profit so in ideal scenario i would have developed my work to an extent where i could have employed two people.
My husband work for my company for last three years for free thats why i thought of enrolling him on payroll too and was wondering if it can be a problem?
Thanks a lot
So, that's fine then. You can meet the job creation criteria with your husband (after the date he got his ILR) and one other person.
You are pre-2014, so all you need is a total of 104 weeks of full time employment. Depending on when your husband got his ILR, he alone can meet the requirement.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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