Is 1 employee fulltime for 2 years enough?

[Mensur]

It is stated that one of the requirements for an extension of the entrepreneur visa after 3 years is to employ 2 people for at least a year each on a fulltime basis. Now I've subsequently read that there is flexibility regarding this requirement. I've read that for example that instead of employing 2 people for a year each, an employee could hire 4 people for 6 months each. My question is would it be ok to hire just one person for at least 2 years fulltime? Would that be sufficient and accepted for an extension after 3 years on the entrepreneur visa?

[attahaas]

It is stated that one of the requirements for an extension of the entrepreneur visa after 3 years is to employ 2 people for at least a year each on a fulltime basis. Now I've subsequently read that there is flexibility regarding this requirement. I've read that for example that instead of employing 2 people for a year each, an employee could hire 4 people for 6 months each. My question is would it be ok to hire just one person for at least 2 years fulltime? Would that be sufficient and accepted for an extension after 3 years on the entrepreneur visa?

Mensur,
Yes, it is, according the following:
Page 22 of Tier 1 (Entrepreneur) Visa Policy Guidance

100. EXAMPLES: We would consider the following as acceptable employment:
• The working hours of two part-time workers can be combined to add up to 30 hours a
week or more and form the equivalent of one full-time post.
• A worker who is employed for part of a year and then leaves the post can be replaced
by another worker so that the employment as a whole adds up to 12 months. However,
if there is a gap between one worker leaving a post and another worker starting
employment, the period when the post is not filled will not be counted. Only periods
during which a worker is employed in a post will be considered.
The policy guidance previously included these examples:
• A single worker can be employed for 24 months. The employment can also be made up
of a six-month period for one worker and an 18-month period for another.
• If four workers are employed for 26 weeks (six months) each, their hours of employment
may be added together.
These examples go further than the Immigration Rules. The Immigration Rules at Appendix A
Tables 5 and 6 state that you must create the equivalent of two or more full-time jobs that have
existed for a total of at least 12 months during your last period of leave as an Entrepreneur in
order to extend your leave or meet the settlement criteria. Appendix A, paragraphs 49 and 50
provide additional explanation.

Paragraphs 49 and 50 of Immigration Rules: Appendix A

49. A full time job is one involving at least 30 hours of work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job but one full time job of more than 30 hours work a week will not count as more than one full time job.
50. Where the applicant's last grant of entry clearance or leave was as a Tier (Entrepreneur) Migrant, the jobs must have existed for a total of at least 12 months during the period in which the migrant had leave in that category. This need not consist of 12 consecutive months and the jobs need not exist at the date of application, provided they existed for at least 12 months during the period in which the migrant had leave as a Tier 1 (Entrepreneur) Migrant.

Hope that helps.

[frank.liu]

It is stated that one of the requirements for an extension of the entrepreneur visa after 3 years is to employ 2 people for at least a year each on a fulltime basis. Now I've subsequently read that there is flexibility regarding this requirement. I've read that for example that instead of employing 2 people for a year each, an employee could hire 4 people for 6 months each. My question is would it be ok to hire just one person for at least 2 years fulltime? Would that be sufficient and accepted for an extension after 3 years on the entrepreneur visa?

Mensur,
Yes, it is, according the following:
Page 22 of Tier 1 (Entrepreneur) Visa Policy Guidance

100. EXAMPLES: We would consider the following as acceptable employment:
• The working hours of two part-time workers can be combined to add up to 30 hours a
week or more and form the equivalent of one full-time post.
• A worker who is employed for part of a year and then leaves the post can be replaced
by another worker so that the employment as a whole adds up to 12 months. However,
if there is a gap between one worker leaving a post and another worker starting
employment, the period when the post is not filled will not be counted. Only periods
during which a worker is employed in a post will be considered.
The policy guidance previously included these examples:
• A single worker can be employed for 24 months. The employment can also be made up
of a six-month period for one worker and an 18-month period for another.
• If four workers are employed for 26 weeks (six months) each, their hours of employment
may be added together.
These examples go further than the Immigration Rules. The Immigration Rules at Appendix A
Tables 5 and 6 state that you must create the equivalent of two or more full-time jobs that have
existed for a total of at least 12 months during your last period of leave as an Entrepreneur in
order to extend your leave or meet the settlement criteria. Appendix A, paragraphs 49 and 50
provide additional explanation.

Paragraphs 49 and 50 of Immigration Rules: Appendix A

49. A full time job is one involving at least 30 hours of work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job but one full time job of more than 30 hours work a week will not count as more than one full time job.
50. Where the applicant's last grant of entry clearance or leave was as a Tier (Entrepreneur) Migrant, the jobs must have existed for a total of at least 12 months during the period in which the migrant had leave in that category. This need not consist of 12 consecutive months and the jobs need not exist at the date of application, provided they existed for at least 12 months during the period in which the migrant had leave as a Tier 1 (Entrepreneur) Migrant.

Hope that helps.

I was granted the Tier1 Ent. Visa on 23/04/2014 but I applied it on 26/03/2014. Can I employ 1 full-time person for 2 years to meet the requirements of the extension?

[Olasunkanmi]

Transitional arrangement – people who successfully applied to enter the route before 6 April 2014 may continue to employ:

▪▪a single worker for 24 months; or
▪▪one worker for 6 months and one for 18 months; or
▪▪four workers for six months each

and still meet the requirements when they apply for extensions and for settlement. Anyone applying to enter the route on or after 6 April 2014 must create employment for at least two separate people and the jobs must exist for at least a full 12 months each.

source: Tier 1 (Entrepreneur) Policy Guidance version 07/2014 Page 19 of 59

[rehan01]

@ olasunkanmi

As per my understanding "Transitional Arrangement" applies to those who applied Tier 1 before 06 april 2014 (Irrespective of date of issue of visa)


please correct if i am wrong.


regards

Transitional arrangement – people who successfully applied to enter the route before 6 April 2014 may continue to employ:

▪▪a single worker for 24 months; or
▪▪one worker for 6 months and one for 18 months; or
▪▪four workers for six months each

and still meet the requirements when they apply for extensions and for settlement. Anyone applying to enter the route on or after 6 April 2014 must create employment for at least two separate people and the jobs must exist for at least a full 12 months each.

source: Tier 1 (Entrepreneur) Policy Guidance version 07/2014 Page 19 of 59

[frank.liu]

@ olasunkanmi

As per my understanding "Transitional Arrangement" applies to those who applied Tier 1 before 06 april 2014 (Irrespective of date of issue of visa)


please correct if i am wrong.


regards

Transitional arrangement – people who successfully applied to enter the route before 6 April 2014 may continue to employ:

▪▪a single worker for 24 months; or
▪▪one worker for 6 months and one for 18 months; or
▪▪four workers for six months each

and still meet the requirements when they apply for extensions and for settlement. Anyone applying to enter the route on or after 6 April 2014 must create employment for at least two separate people and the jobs must exist for at least a full 12 months each.

source: Tier 1 (Entrepreneur) Policy Guidance version 07/2014 Page 19 of 59

Agree with you. I think the applicants, who submitted their application materials to HO before 06/Apr/2014, still can follow the old guidance (version oct/2013）

[suvalike]

Yes one employee is enough for 2 years for those who have applied before.

[leela77]

hi Olasunkanmi,
I am applying as Tier 1(entrepreneur)ILR.for 5 years continuous stay do we need to provide any evidence?.Please advise me.Thanks