Job Creation query in regards ILR

[dineshnayak]

My Initial application for Entrepreneur Visa was granted on 14/01/2014
Entrepreneur Extention granted on 14/09/2017.
I have been Advised that I can apply for ILR has I have completed 5 years already.
I have a query regarding Job Creation
Employee 1: 07/04/2017 to till date
Employee 2: 01/08/2017 to 02/07/2018
Employee 3: 2/07/2018 to till date
I wanted to ask Employee 1 only has the Italian National Identity Card doesn't have a passport is it okay to apply based on that or he must have an Italian passport for me to apply
Employee 2: Is British Citizen have a copy of passport
Employee 3: Is from Greece got his passport copy too.
If I cant apply based on employee 1 what is my best option should I wait until the end of August as I have employee 3 still working with us?

Will be very thankful if I can get advice on this.

[CULLINAN]

You can claim employment after extension was approved.

Note: Transitional arrangements end on 6th April 2019. If you apply on/before this date you can benefit from transitional arrangements. All you need then is 24 months of employment after extension in any combination of employees as long you have 24 months of FT employment.

If you apply after 6th April 2019, you need 2 FT JOBS that must have existed 12 months each after extension.

Make sure you weigh your possibilities as above.

The employee must have settled status in UK. Read the Tier 1 guidance to see which employees qualify. In addition to British, EU citizens or someone having settled status will be okay.

[dineshnayak]

My concern is with the first employee has he has Italian National Identity card doesn't have a passport will that be fine

[CULLINAN]

My concern is with the first employee has he has Italian National Identity card doesn't have a passport will that be fine

Tier 1 guidance page 31:

“d) Copies of any of the following documents which demonstrate that each employee has settled status in the UK:
(i) the biometric data page of a British or EEA passport showing the photograph and personal details of the employee;
(ii) a birth certificate, showing the employee was born in the UK and Colonies before 1 January 1983;
(iii) if the employee was born in the UK on or after 1 January 1983, a birth certificate, together with documentation, such as a passport or naturalisation certificate, which confirms one of their parents had settled status in the UK when the employee was born, and additionally, if the parent is the employee’s father, a marriage certificate to the mother;
(iv) if the employee is an EEA national, a UK registration certificate/permanent residence document;
(v) if the employee is the spouse of an EEA national, the biometric data page of their passport, showing their photograph and personal details, or a residence card, and any of the documents in (i) or (iv) above which relate to the EEA national, together with their marriage certificate to the EEA national; or
(vi) If the worker is an overseas national with settled status in the UK, the biometric data page of their passport containing their photograph and personal details, and the pages where a UK Government stamp or an endorsement appear, or a biometrics residence permit, or official documentation from the Home Office which confirms their settled status in the UK.”

[aman90]

Are they all full time?
EU citizens have right to work in UK and don't require residence permits. I think the ID card should suffice or just pay for his urgent passport and apply as soon as possible.

[dineshnayak]

I will check if we could ask an employee 1 to make a passport in case if not.
My Entrepreneur extension was done on 14/09/2017
Employee 2: 01/08/2017 to 02/07/2018 Full time 30 hours
Employee 3: 02/07/2018 Till present full time 30 hours
How do I cover 2 full-time staff should I continue with the existing employee till the end of August 2019 to cover 24 months and show that
Employee 1: from 14th September 2017 till 02/07/2018 and add employee 2 to Cover that position till 14/09/2018.
Then from 14/09/2018 new job title till the end of August 2019 as I need to apply then by 14th September 2019.
Please, Advice will Appreciate.

[dineshnayak]

I will check if we could ask an employee 1 to make a passport in case if not.
My Entrepreneur extension was done on 14/09/2017
Employee 2: 01/08/2017 to 02/07/2018 Full time 30 hours
Employee 3: 02/07/2018 Till present full time 30 hours
How do I cover 2 full-time staff should I continue with the existing employee till the end of August 2019 to cover 24 months and show that
Employee 1: from 14th September 2017 till 02/07/2018 and add employee 2 to Cover that position till 14/09/2018.
Then from 14/09/2018 new job title till the end of August 2019 as I need to apply then by 14th September 2019.
Please, Advice will Appreciate.

[dineshnayak]

Correction from the previous Post
Employee 2: from 14th September 2017 till 02/07/2018 and add employee 3 to Cover that position till 14/09/2018.
Then from 14/09/2018 new job title till the end of August 2019 as I need to apply then by 14th September 2019. (employee 3)

[CULLINAN]

Are they all full time?
EU citizens have right to work in UK and don't require residence permits. I think the ID card should suffice or just pay for his urgent passport and apply as soon as possible.

The guidance says any of the following as above. It says (i) EEA passport or.....ii or iii...
I am not sure if NIC will be a sufficient proof??

[dineshnayak]

My entrepreneur extension was granted on 14/09/2017
I had one employee from 01/08/2017 till 02/07/2018
Another from 02/07/2018 till present if I continue this employee till the end which is 13/09/2019 and then apply for my ILR.
Will that be fine.

[aman90]

Why do you need to ask the employee? TELL that you NEED it. Pay for it. TELL its a requirement by HO.
Again an ID should suffice. EU nationals can travel to UK on their ID's alone. An NI number was issued and its all legal.
Forgetting employee 1 for the time being.

Secondly.. Its 2 JOBs for 12 months each.

Entrepreneur Extention 14/09/2017

If Ive understood ur previous post correctly then:

Job Creation

JOB 1
Job creation: 01/08/2017
Emp 2: 14/09/2017 to 02/07/2018= 41 wks 5 days
10 weeks 2 days short. Hire someone in this position asap. e.g 01.04.19-30.06.19= 13 weeks
RTI FPS + Payslips= SEPT 2017- JULY 2018 and April 2019 to JUNE 2019

JOB 2
Job creation:
Emp 3: 2/07/2018 to 30/06/19 = 52 weeks
RTI FPS + Payslips= JULY 2018- JUNE 2019

You could apply by June 2019.

[dineshnayak]

But we need 2 Job for 12 continuous months will this not break continuity.

[aman90]

But we need 2 Job for 12 continuous months will this not break continuity.

Is that so? Can you please quote where in the guidance it says that..

[dineshnayak]

Sorry I don't know I was asking 12 continuous months thing have read the guidance it doesn't say it got to be continued
I have checked my RTI have just Noticed I had another employee for 3 months
Employee: 1/08/ 2017 till 02/07/2018 (Passport)
Employee: 01/10/2017 till 02/01/2018 (Resident Permit)
Employee: 02/07/2018 till present ( Passport)
Will you help me to work out when is the earliest I will be able to apply for ILR with this
Really Appreciate your time and patience.

[aman90]

Sorry I don't know I was asking 12 continuous months thing have read the guidance it doesn't say it got to be continued
I have checked my RTI have just Noticed I had another employee for 3 months
Employee: 1/08/ 2017 till 02/07/2018 (Passport)
Employee: 01/10/2017 till 02/01/2018 (Resident Permit)
Employee: 02/07/2018 till present ( Passport)
Will you help me to work out when is the earliest I will be able to apply for ILR with this
Really Appreciate your time and patience.

Not sure what ur looking for..
the mixing up of employees ends 06/04/19.
That means JOBs that have existed for less than 12 months can be added together. If you apply by 05/04/19, you’ll be assessed under transitional arrangement.
Job1
Emp 1= 41 weeks 5 days

Job 2
Emp 2= 13 weeks 3 days

55 weeks 1 day

Job 3
Emp 3= Up to 30.04.19= 43 wks 2 days

Total= 98 wks 3 days

You could send RTI FPS + payslip of May/June 2019 early May and early June to HO. They should consider all evidence sent till decision is taken.
End of May gives you
4 wks 3 days
Taking you to 102 plus 6 days
Now ur short 1 wk 1 day.. which June 19 can cover.
FYI- RTI FPS can be generated earlier than the due date of HMRC.

With the above JOB creation add ur employee with the Italian ID ( assuming it’s a biometric ie with his picture and details) as JOB 4
And you would have a pretty strong case to argue if it comes to that..

The above is speculative..

[dineshnayak]

I wanted to ask I have a new employee recently joined with us her ILR is on her maiden name has Indian nationality she has applied for an Indian passport as her old passport is out of date and with the new passport she applied with her married name I am not sure with the payslip should it be with her married name or maiden name. As I am going to apply for my ILR I wanted to be absolutely sure which name to use on the payslip.