Job Creation Question

[AliJaf]

T1 Visa Extended 2021 - Applying for ILR

Employee Mr. A (same Individual) - continuous service for 24 months
12 Months - Salesman
12 Months - Sales Administrator - No change in salary, offered incentive on sales volume

Internal letters issued to the employee for change in designation and job role change

Will this constitute as 2 new Job creation?

Asking for a friend

[marcnath]

T1 Visa Extended 2021 - Applying for ILR

Employee Mr. A (same Individual) - continuous service for 24 months
12 Months - Salesman
12 Months - Sales Administrator - No change in salary, offered incentive on sales volume

Internal letters issued to the employee for change in designation and job role change

Will this constitute as 2 new Job creation?

Asking for a friend

That is a tough question.
My interpretation is that, strictly going by a strict reading of immigration rules, it should be considered as 2 Jobs.
But clearly it is not in the spirit of the T1E visa where the idea is that more employment is created.
Your friend may want to talk to a good lawyer and be prepared to take it to court if they want to try this.

[AliJaf]

Many thanks for the quick response,
There is a bit more to the issue for justification purposes and arguement sake, this being a genuine scenario.

A 2nd job was created as Salesman and Mr.B was hired while Mr. A was promoted, but Mr. B left after 3 months while Mr.A stayed promoted. Hence he has to rely only on Mr.A.

The total employment count exceeds 24 months in 3 positions, 2 roles and 2 individuals.

[marcnath]

Many thanks for the quick response,
There is a bit more to the issue for justification purposes and arguement sake, this being a genuine scenario.

A 2nd job was created as Salesman and Mr.B was hired while Mr. A was promoted, but Mr. B left after 3 months while Mr.A stayed promoted. Hence he has to rely only on Mr.A.

The total employment count exceeds 24 months in 3 positions, 2 roles and 2 individuals.

That explanation makes it more difficult to justify. You did create a 2nd job which then didn't exist for 12 months.

This one will definitely need professional legal help. You will have to show the two jobs - salesman and sales administrator are very different. Given that when Mr b left, Mr A filled the need will make it difficult to justify it as a different job