Tier 1 Entrepreneur £200k to ILR - Job Creation Calculation

[rogerkillo]

Hi All,

Here are my details:
T1E visa granted on: 30 March 2013
T1E Extension submitted: 29 July 2016
T1E Extension granted: 18 November 2016
T1E Extension expiry: 18 November 2018
Upcoming ILR application date: First week of November 2018
Pre 6th April 2014 transitional arrangement: Yes

I took over an existing company. During the time of initial leave, after I became a director of the company, one of the settled workers that was with the company prior to my appointment submitted his resignation. I did not replace this settled worker. To account for this decrease, I applied this formula for my extension application:

Net Posts = Posts Created - Posts Eliminated

To calculate the "Posts Eliminated" in total weeks, I used the last day of employment for the settled worker to the date of application.

Here's what my calculations looked like:

https://imgur.com/CdpZz3K

Question 1: Since my T1E Extension was granted, no further employees have left. However, do I have to continue deducting Employee 1's weeks from my Net Posts calculation (as per the image below)?

https://imgur.com/kgA5d3j

Question 2: One moderator has commented that an applicant can continue to count weeks worked by employees during the time that the application is being considered. This doesn't seem to make sense because once an application is submitted, there is no further opportunity to submit additional RTIs and payslips to the CW. Am I missing something here? Can anyone provide a reference to the guidance or rules that says this is possible?

Thanks for your consideration and help.

[rogerkillo]

Hi all,

I'm just following up on this to see if anyone had any thoughts on my questions?

Many thanks!

[marcnath]

Have to admit your calculation is confusing and I can't figure out what you are trying to communicate.

As I understand, you create three new jobs after you joined the business (you have not mentioned the date you joined) and you lost one worker from before you joined. So, you created a net of two new jobs and hence met the requirement. Days, months or years have nothing to do with that.

For your ILR, if the same jobs have continued, that then meets the requirement. There is no longer the net increase requirement. The requirement is that you should Maintain the 2 jobs created in your initial leave for a further 12 months.

As to the question of additional documents after application is submitted, the question should be whether there is anything in the guidelines or immigration rules that says documents cannot be considered after submission. The fact is that there is no such restriction.

In fact, immigration rules state:
245AA.Documents not submitted with applications
(a) Subject to sub-paragraph (b) and where otherwise indicated, where Part 6A or any appendices referred to in Part 6A state that specified documents must be provided, the decision maker (that is the Entry Clearance Officer, Immigration Officer or the Secretary of State) will only consider documents received by the Home Office before the date on which the application is considered.

The cut-off seems to be date when the application is considered. It is not clear when HO "considers" an application, but there are plenty of cases reported in this forum where documents sent after the application is submitted was taken into account.