Two full time jobs

[london2000]

After a Tier 1 entrepreneur visa is extended, do I still need to keep the two full time jobs? Your reply will be much appreciated.

[Darvesh]

two jobs are required on each extensions i.e first extension after completing first visa duration of 3y and second phase after completing 2years extension.

[educators]

two jobs are required on each extensions i.e first extension after completing first visa duration of 3y and second phase after completing 2years extension.

You are wrong on this. After completing 5 years you don't get extension, you get ILR and there is no need to show job creation at that time again.

[Darvesh]

read policy guidelines carefully..


one must show evidence of 2 jobs for 12 months on each extension i.e first after 3y then at 2y.
if u wont show 2jbs on second extension(3+2) then u wont get ILR either.

[samaygrg]

What I have been told by my lawyers and what I believe is, 2 FT employment is needed for T1 1st extenstion at the end of 3rd year.

It's not mandatory part for second phase ( 2 yrs). But you genuinely must run your business to get the proof of completion of genuine 5 successful entreprenuerial journey to claim for ur settlement. It meant here, if its asked to you 'why there is no employee now at this part?' u got to have rational answer,if you opt them not to employee anymore. Choice is at your court.

Does this ring any bells>>>///?????


Cheers and good luck.

After a Tier 1 entrepreneur visa is extended, do I still need to keep the two full time jobs? Your reply will be much appreciated.

[RizKCB]

What I understand is:

1) After 1st 3 years phase: We will say it Extension

2) Then after 2 years phase: We will say it Settlement

Policy Guidance only tells the story of Extension phase. It DOES NOT mention detail about Settlement.

Table 6 of Page 16 on Following link gives you an idea of point scoring for settlement which is self explanatory and also mention that 2 jobs are only required in previous period (In First 3 Years). It means that 2 jobs and all required 50000 or 200000 Investment must be made within first 3 years. Point 2 of this table describes it.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Olasunkanmi]

Settlement for most visa route always requires the applicant's to meet the same condition they got the visa for throughout the whole period, so in the case of Tier 1 entrepreneur, applicants will most likely be ask to proof they still employ 2 British workers or settled people for 12months each before they get ILR.

[london2000]

Thank you very much for all of your great support.

[educators]

read policy guidelines carefully..


one must show evidence of 2 jobs for 12 months on each extension i.e first after 3y then at 2y.
if u wont show 2jbs on second extension(3+2) then u wont get ILR either.

Please share with all where does it say to have 2nd extension for this visa and 2 jobs creation in that 2nd extension.

[educators]

What I understand is:

1) After 1st 3 years phase: We will say it Extension

2) Then after 2 years phase: We will say it Settlement

Policy Guidance only tells the story of Extension phase. It DOES NOT mention detail about Settlement.

Table 6 of Page 16 on Following link gives you an idea of point scoring for settlement which is self explanatory and also mention that 2 jobs are only required in previous period (In First 3 Years). It means that 2 jobs and all required 50000 or 200000 Investment must be made within first 3 years. Point 2 of this table describes it.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Agree with you...

[educators]

Settlement for most visa route always requires the applicant's to meet the same condition they got the visa for throughout the whole period, so in the case of Tier 1 entrepreneur, applicants will most likely be ask to proof they still employ 2 British workers or settled people for 12months each before they get ILR.

Agreed with you to some extent. It is necessary to have 2 people employed for 12 months each in first 3 years but it is not necessary that you have them employed at all times for full 5 years. As RizKCB has provided the link which shows the requirements for settlement under this route and it clearly says that:

Where the applicant's last grant of entry clearance or leave to enter or
remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have
existed for at least 12 months of the period for which the previous leave
was granted.

So in short according to UKBA requirements it is not necessary to have 2 people employed after 3 years at the time of applying for settlement.

[london2000]

Dear sirs or madams,

I am indeed grateful for your advice.

[Darvesh]

Where the applicant's last grant of entry clearance or leave to enter or
remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have
existed for at least 12 months of the period for which the previous leave
was granted.

settlement is after 5y which 3y(entry clearance or leave to remain)+2y(leave to remain).
when u go for settlemt ur previous leave will be 2y(leave to remain) so this 2y must have atleast 12months of 2jobs otherwise ILR will not be granted.

So in short according to UKBA requirements it is not necessary to have 2 people employed after 3 years at the time of applying for settlement.

settlement is not guaranteed upon completing 5y on T1E unless all the requirement of T1E met.

[RizKCB]

@Dervesh

There are two separate issues:
1) What rules says
2) What would happen actually

We could identify point 1 but nobody could know about point 2.

What rules actually says:
"the jobs must have existed for at least 12 months of the period for which the previous leave was granted."

What you are suggesting is:
"the jobs must have existed for at least 12 months of the period for which the future leave will be granted."

HO is looking to get maximum within first 3 years. Investment + Job Creation.

[Darvesh]

i dnt think why its too hard to understand.....

after completing first 3y a total sum of 50k/200k spent and 2 jobs for 12 months get u another 2y of leave.

at the end of that 2y and before applying settlement (ILR) another atleast 12months of 2jobs is required.

[educators]

i dnt think why its too hard to understand.....

after completing first 3y a total sum of 50k/200k spent and 2 jobs for 12 months get u another 2y of leave.

at the end of that 2y and before applying settlement (ILR) another atleast 12months of 2jobs is required.

It is not too hard. You are confusing others on this matter. 2 full-time jobs are required for 12 months only in your period of leave as Tier 1 Entrepreneur at one time only not twice. I will suggest you to check settlement form for Tier 1 Entrepreneur Visa whose link is given below and page 33 of it says the following:

JOB CREATION
B. You have established a new UK business or businesses or taken over or invested in an existing UK business or businesses and created at least two full time equivalent posts (20 points available)
During your period of leave as an Entrepreneur, you must have either established a new business or businesses in the UK, or have taken over or invested in an existing UK business or businesses.
You must also have created an aggregate of at least 2 new full time posts for 2 people for at least 12 months each across your business.

Source: http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

[educators]

Where the applicant's last grant of entry clearance or leave to enter or
remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have
existed for at least 12 months of the period for which the previous leave
was granted.

settlement is after 5y which 3y(entry clearance or leave to remain)+2y(leave to remain).
when u go for settlemt ur previous leave will be 2y(leave to remain) so this 2y must have atleast 12months of 2jobs otherwise ILR will not be granted.

So in short according to UKBA requirements it is not necessary to have 2 people employed after 3 years at the time of applying for settlement.

settlement is not guaranteed upon completing 5y on T1E unless all the requirement of T1E met.

There is a difference between last grant of remain and previous leave.

[Darvesh]

@educators...u are really confused.....

its very simple to understand rather than u misleading other ppl on this forum.

uppon renewal after spending 3y(initial T1E visa either entry clearance or leave to remain) u will be asked or checked FOR what u have done in those 3y ( 50k/200k spent + 2jobs for 12months ) wouldn't BE ASKED HOW U GOT UR INITIAL T1E VISA(acess reqired of 50/200k and contract of services) OR wt u were doing wen u were on PSW?.

SIMILARLY once someone will get leave of 2y and upon renewal/applying for ILR after completing those 2y u will be asked or checked for what u have done in those 2y ( 2jobs for 12months) , wouldn't BE ASKED WHAT U HAVE DONE IN FIRST 3Y T1E VISA ( 50k/200k spent + 2jobs for 12months).

[educators]

@educators...u are really confused.....

its very simple to understand rather than u misleading other ppl on this forum.

uppon renewal after spending 3y(initial T1E visa either entry clearance or leave to remain) u will be asked or checked FOR what u have done in those 3y ( 50k/200k spent + 2jobs for 12months ) wouldn't BE ASKED HOW U GOT UR INITIAL T1E VISA(acess reqired of 50/200k and contract of services) OR wt u were doing wen u were on PSW?.

SIMILARLY once someone will get leave of 2y and upon renewal/applying for ILR after completing those 2y u will be asked or checked for what u have done in those 2y ( 2jobs for 12months) , wouldn't BE ASKED WHAT U HAVE DONE IN FIRST 3Y T1E VISA ( 50k/200k spent + 2jobs for 12months).

Neither I am confused nor I am trying to mislead others. When someone applies for settlement on the basis of 5 years after Tier 1 Entrepreneur visa he will not be asked for information of last 2 years only. You need to demonstrate a continuous residence period of 5 years which means they will also check your absences of first 3 years as well. In a same way they will check whether you initially invested and created 2 full time jobs or not which obviously will be understood as you would have demonstrated this in your previous extension. There is no place in policy guidance where it indicates that full time jobs have to be created after first extension as well and need to be demonstrated at the time of settlement again. Your are just giving statements without referring anything to the policy guidance. However still if you are not convinced then you are not obliged to accept what I say as it is just my own understanding only and people can also interpret and understand things from policy guidance whether they need 2 full time job once or two times in their period of stay as Tier 1 Entrepreneur.

[Darvesh]

u are talking abt something which doesn't make any sense.

if a candidate wouldn't t have fulfilled the requirement , 50k/200k spent and 2 jobs, of which is due to meet in first 3y then no further leave of 2y...

if requirement of first 3y fulfilled then there is another 2y leave. after spending second phase of 2y and going for settlement u will only be required to show ur activity within this current leave(2y) and it has nothing to do wt u have done in first 3y.

demonstrating a continues period of 5y and checking absence is whole different story than core requirement.

should someone never absent for a single day in 5y but short of fulfilling core requirement wont get him settlement either.

[educators]

u are talking abt something which doesn't make any sense.

if a candidate wouldn't t have fulfilled the requirement , 50k/200k spent and 2 jobs, of which is due to meet in first 3y then no further leave of 2y...

if requirement of first 3y fulfilled then there is another 2y leave. after spending second phase of 2y and going for settlement u will only be required to show ur activity within this current leave(2y) and it has nothing to do wt u have done in first 3y.

demonstrating a continues period of 5y and checking absence is whole different story than core requirement.

should someone never absent for a single day in 5y but short of fulfilling core requirement wont get him settlement either.

What you are saying is that one has to show 2 full time jobs before extension and then again after extension before settlement. My simple question to you is that can you demonstrate this and refer this statement according to the policy guidance?

[london2000]

Quotation from Section 11 Documents of the SET(O) form :

11M For the period before you were granted leave as a Tier 1 (entrepreneur) migrant, documents showing that you met the relevant requirements of the immigration rules.

Does it make it clear that the two full time jobs are required only before the extension? Your reply will be much appreciated.

[shanybaba1974]

Quotation from Section 11 Documents of the SET(O) form :

11M For the period before you were granted leave as a Tier 1 (entrepreneur) migrant, documents showing that you met the relevant requirements of the immigration rules.

Does it make it clear that the two full time jobs are required only before the extension? Your reply will be much appreciated.

@Darvesh
@educator

This whole conversation has definitely confused people, like myself who always thought tht we need to show 2 jobs only once i.e., during initial 3 yr period.
Can we ask for clarification to any official forum like UKBA, do UKBA has any help desk which can clear misunderstanding OR otherwise any advice fm any expert with evidence. Pl comment, waiting......