Tier 1 Entrepreneur Visa , Transitional Arrangement ILR

[Celina]

Hi ,

I am also in pre april 2014 category which I understand is under transitional arrangement , I am bit confused regarding the below issues please if some one can help thank you

1) I understand I do NEED TO CREATE ONLY 1 FULL TIME EMPLOYEE : ?????/

2) I have got my extension in jan 2017 and my ILR is due in jan 2019 (I GOT MY EXTENSION after 9 months waiting time ) so the employment created during this 9 months WILL NOT BE COUNTED ACCORDING TO THE NEW RULES .????

Please if anyone can reply to the above queries thank you .

[marcnath]

Hi ,

I am also in pre april 2014 category which I understand is under transitional arrangement , I am bit confused regarding the below issues please if some one can help thank you

1) I understand I do NEED TO CREATE ONLY 1 FULL TIME EMPLOYEE : ?????/[\quote]

You need to create 104 weeks of full time jobs - it can be fulfilled by one employee or x number of them.

2) I have got my extension in jan 2017 and my ILR is due in jan 2019 (I GOT MY EXTENSION after 9 months waiting time ) so the employment created during this 9 months WILL NOT BE COUNTED ACCORDING TO THE NEW RULES .????

If you got your extension after a 9 month wait, you’re probably eligible for ILR before Jan 2019.
But yes, employment during the 9 month period will most probably not be counted- but it is not because of the new rules. Depending on when your initial grant was, it is possible that some of that can be used AS PER THE NEW RULES.

[Celina]

If you got your extension after a 9 month wait, you’re probably eligible for ILR before Jan 2019.
But yes, employment during the 9 month period will most probably not be counted- but it is not because of the new rules. Depending on when your initial grant was, it is possible that some of that can be used AS PER THE NEW RULES.

Hi Macranth thank you for your reply ,

My initial grant was in April 2013 .
Applied for extension in April 2016 - Extension Approved in jan 2017 and is due on jan 2019 .

My 5 years complete in march 2018 , I might put my case for IlR anytime after that . please let me know that my waiting time for that 9 months will be counted or no? for the job creation hours ( in that time )

Thanking you
Celina .

[Celina]

Hi Everyone ?

A person with ILR ( indefinite leave to remain ) can be counted for employment or no ? for entrepereneur visa .

I understand he is settled worker and can be counted but just want to confirm before hiring .

Thanking you .
Celina

[CR001]

Can you please refrain from tagging your questions onto other members topics and keep all your questions in your own thread (this one).

See also point 12 in the forum rules FAQs (click)

[CR001]

Hi Everyone ?

A person with ILR ( indefinite leave to remain ) can be counted for employment or no ? for entrepereneur visa .

I understand he is settled worker and can be counted but just want to confirm before hiring .

Thanking you .
Celina

A person with ILR is settled!!

[marcnath]

Hi ,
My situation is same as quoted above , can any senior member please reply to that so we know that we are fine , I am also pre april 2014 transitional period . My situation is as follows .

1) Employee 1 - 20 hours per week = 78 weeks = 1560 hours
2) Employee 2 - 30 hours per week = 30 weeks = 900 hours
3) Employee 3 - 30 hours per week = 26 weeks = 780 hours

Total created = 3240 hours (so according to 30 hrs p/w I have created 108 weeks of employment


So the combination of hours of all the 3 employees is 3240 so is that ok ? please let me know for transitional arrangement pre 2014 category if I am ready to put my case for ILR .

Thanking you
Regards
Celina .

In my opinion, you do not meet the requirements.

Employee 2 and 3 are ok and will account for 56 weeks.

The situation with 1 PT job only is nor defined in the immigration rules or the guidance. I believe you need to combine at least two part time jobs as per the immigration rules. However, it does appear that HO has been accepting 1 PT job for longer period to make up 1 FT job.

If it were accepted, then Employee 1 will count for 39 FT weeks.

So, you have a total of 95 weeks and need 9 more FT weeks to make up the 104 weeks requirement.

[CR001]

Can you please refrain from tagging your questions onto other members topics and keep all your questions in your own thread (this one).

See also point 12 in the forum rules FAQs (click)

@ Celina - A final warning as you are ignoring requests to refrain from repetitively tagging your questions onto every other topic you find that is similar. Pls, familiarise yourself with the forum rules.

[Celina]

Hello CR001 ,

I apologise for my mistake , got into some misunderstanding , will be more careful henceforth .

Celina .

[Celina]

Hi ,
My situation is same as quoted above , can any senior member please reply to that so we know that we are fine , I am also pre april 2014 transitional period . My situation is as follows .

1) Employee 1 - 20 hours per week = 78 weeks = 1560 hours
2) Employee 2 - 30 hours per week = 30 weeks = 900 hours
3) Employee 3 - 30 hours per week = 26 weeks = 780 hours

Total created = 3240 hours (so according to 30 hrs p/w I have created 108 weeks of employment


So the combination of hours of all the 3 employees is 3240 so is that ok ? please let me know for transitional arrangement pre 2014 category if I am ready to put my case for ILR .

Thanking you
Regards
Celina .
[/quote]

In my opinion, you do not meet the requirements.

Employee 2 and 3 are ok and will account for 56 weeks.

The situation with 1 PT job only is nor defined in the immigration rules or the guidance. I believe you need to combine at least two part time jobs as per the immigration rules. However, it does appear that HO has been accepting 1 PT job for longer period to make up 1 FT job.

If it were accepted, then Employee 1 will count for 39 FT weeks.

So, you have a total of 95 weeks and need 9 more FT weeks to make up the 104 weeks requirement.
[/quote]

Thank you Marcnath , for your reply .

Please if Zimba or anyone can share their views regarding if ( 1 PT job is accepted or not in counting the hours for employment ) it will be very helpful as its very important to know .

As what I thought was it can be any combination of hours regardless part time or full time as far as it completes 3120 hours .

Thanks waiting for replies .
Celina .

[marcnath]

As what I thought was it can be any combination of hours regardless part time or full time as far as it completes 3120 hours .

This assumption is wrong. Pre April 2014, any combination of FT/PT jobs were ok to make up 104 weeks of FT equivalent. But it was never any combination of hours.


PS: I am not sure what you are doing when you are replying, but your replies become very unreadable.

[Celina]

Hello ,

I am in process of preparing my case for ILR which I will be doing soon , I have one query regarding my part time employee if anyone can help please .

Employee A - started part time from 24/01/2017 to 06/04/2018 at (20 hours per week ) , which comes to total 63 weeks in all and 1240 hours . SO will I be able to claim full 63 weeks and 1240 hours or no ?

Please if any one can help really confused with this .

Thanking you
Regards
Celina.

[marcnath]

Hello ,

I am in process of preparing my case for ILR which I will be doing soon , I have one query regarding my part time employee if anyone can help please .

Employee A - started part time from 24/01/2017 to 06/04/2018 at (20 hours per week ) , which comes to total 63 weeks in all and 1240 hours . SO will I be able to claim full 63 weeks and 1240 hours or no ?

Please if any one can help really confused with this .

Thanking you
Regards
Celina.

This was answered before

To repeat, the immigration rules and the guidance document only mention combining TWO OR MORE jobs.

Very Specifivally section 49 (b) says
49. (b) “The equivalent of” a full time job means two or more part time jobs that add up to 30 hours per week .....

There are people who have reported in this forum that HO has accepted 24 months of PT job as 12 months Fulltime. I am not sure how that was accepted so I don't think anyone should depend on that being continued.

But one thing is definite - it IS NOT total hours. So,

[marcnath]

Hello ,

I am in process of preparing my case for ILR which I will be doing soon , I have one query regarding my part time employee if anyone can help please .

Employee A - started part time from 24/01/2017 to 06/04/2018 at (20 hours per week ) , which comes to total 63 weeks in all and 1240 hours . SO will I be able to claim full 63 weeks and 1240 hours or no ?

Please if any one can help really confused with this .

Thanking you
Regards
Celina.

This was answered before

To repeat, the immigration rules and the guidance document only mention combining TWO OR MORE jobs.

Very Specifivally section 49 (b) says
49. (b) “The equivalent of” a full time job means two or more part time jobs that add up to 30 hours per week .....

There are people who have reported in this forum that HO has accepted 24 months of PT job as 12 months Fulltime. I am not sure how that was accepted so I don't think anyone should depend on that being continued.

But one thing is definite - it IS NOT total hours. So, 63 weeks of part time at 20 hours each will only give you 31 weeks of full time equivalent, even if HO continues the exception.