We need to create 2 more jobs during extension for ILR?

[JohnOhn]

I'm very confused by the new Points-based system: Tier 1 (Entrepreneur) Guidance the Home Office just released https://www.gov.uk/government/publicati ... trepreneur

I was under the impression that in order to qualify for ILR under the Tier 1 Entrepreneur visa we simply needed to meet the requirements of that visa only once, the main ones being:

+ creating two new full-time jobs in the first 3 years
+ investing the required funds in the first 3 years

After that, we then apply for the two-year extension. It is during this extension I thought we were just waiting out the time until we can apply for ILR (having met the previous T1E requirements).

However, in the new guidance (dated Nov 06, 2014) there now appears a new sub-heading called "Further extensions and ILR applications" on page 76. This section states (bolded emphasis mine):

Further extensions and ILR applications

If the applicant‘s last grant of leave before the current grant was as a Tier 1 (Entrepreneur) (for instance, they are applying for a second extension):

+ they do not need to demonstrate that they have created two more full-time paid jobs, in addition to the two jobs created during the initial period of leave, if the two full time positions created in the initial period of leave were maintained, or

+ if the jobs from the initial leave no longer existing, they must show they have created two new jobs which have existed for at least 12 months.

For ILR applications, the same criteria apply unless the applicant is applying under the accelerated ILR route.

So does this mean that even though we created two new full-time jobs under our initial T1E visa, if those jobs no longer exist we need to create an additional two new full-time jobs during our two year extension period?

Thanks for any help. I am so confused now.

[ishfaqsangra]

Bad news

[JohnOhn]

Anyone else have thoughts on this?

[JohnOhn]

Anyone else have thoughts on this?

[ishfaqsangra]

I think that's right

[Olasunkanmi]

@ JohnOhn, from my understanding of the new policy is as thus;

(1) If you get the first 3yrs visa, then invested 50k/200k and also created 2 full-time job for at least 12months, then you will get the 2yrs extension. To then get your ILR after total 5yrs on the visa, the 2 full-time job must either still be continuous or you have created another 2 full-time job for at least 12months before ILR is due, which should be 12months during the 2yrs extension.

(2) If you get the first 3yrs visa, then invested 50k/200k and also created 2 full-time job for at least 12months, then you will get the 2yrs extension. After completing the 5yrs period and you did not qualify for ILR due to whatever reason and you need to apply for another further extension, then you need to either maintain the initial 2 full-time job created during first extension or you create another 2 full-time job for at least 12months before applying for further extension.

I think that the main aim is to make sure that applicants always have 2 full-time workers each time they want to either extend or get ILR. Its the same rule that have always apply to Tier 1 general applicants that requires them to show 12months earning/income before any extension or ILR.

Lot of guys on the forum have always insisted that there will be some changes/clarification which will be made to the visa during extension as HO rules are very complicated and confusing and I suppose this is one of the clarification.

[JohnOhn]

@ JohnOhn, from my understanding of the new policy is as thus;

(1) If you get the first 3yrs visa, then invested 50k/200k and also created 2 full-time job for at least 12months, then you will get the 2yrs extension. To then get your ILR after total 5yrs on the visa, the 2 full-time job must either still be continuous or you have created another 2 full-time job for at least 12months before ILR is due, which should be 12months during the 2yrs extension.

(2) If you get the first 3yrs visa, then invested 50k/200k and also created 2 full-time job for at least 12months, then you will get the 2yrs extension. After completing the 5yrs period and you did not qualify for ILR due to whatever reason and you need to apply for another further extension, then you need to either maintain the initial 2 full-time job created during first extension or you create another 2 full-time job for at least 12months before applying for further extension.

I think that the main aim is to make sure that applicants always have 2 full-time workers each time they want to either extend or get ILR. Its the same rule that have always apply to Tier 1 general applicants that requires them to show 12months earning/income before any extension or ILR.

Lot of guys on the forum have always insisted that there will be some changes/clarification which will be made to the visa during extension as HO rules are very complicated and confusing and I suppose this is one of the clarification.

@Olasunkanmi - thanks. Does this mean no one has applied for an T1E extension yet or ILR from T1E? When did the T1E come into being? What was the first year it was available?

[ishfaqsangra]

Let me explain you
The guidance for Applicants and Guidance for Home Office Workers has two major differences/new points

1.They have not mentioned about job creation after extension(as you said and everybody knows) in their guidance for applicants 06/11/2014 but for guidance 17/11/2014 (for case workers) they mentioned it.

2.How the money must be invested
They mentioned at page 62(guidance for case workers) that money must fully be invested however Directors loans are permitted to stay in account if not called in but in guidance for applicants 06/11/2014 no such lines regarding directors loans.


Confusing and definitely needs clarification.

[rehan01]

i totally agree with @olasun explanation ...... i guess this whole entrepreneur is F****d up now and look like HO doesnt even know what to do and how to handle this shit anymore so coming out with all sort possible crap they can.

regards

[whiteroses]

Instead of adding more and more employment creation requirements, why don't they first explain the ambiguous points in the rest of the guidance (regarding investments)?

[Smartpen]

Hi all,

thank you for updating..this is a bad news.

ok what happens in-terms of 10 years leave. T1E people who will be meeting 10yrs leave requirement by their 2nd extension.

example: if you take me, my visa expires in july 2017 by that time it will be 8 1/2 years leave in UK. suppose I got succeed in first extension and failure to provide 2 full time jobs in second extension then still am I eligible for 10years leave?

thanks & regards,

[waqas734]

Hi all,

thank you for updating..this is a bad news.

ok what happens in-terms of 10 years leave. T1E people who will be meeting 10yrs leave requirement by their 2nd extension.

example: if you take me, my visa expires in july 2017 by that time it will be 8 1/2 years leave in UK. suppose I got succeed in first extension and failure to provide 2 full time jobs in second extension then still am I eligible for 10years leave?

thanks & regards,

I have the exact same question , as I will be able to apply 10 yrs ILR route in next years jully and I am going to apply my extension this month at the end of January so if I get my extension would I still need to fulfil this requirement of 2 employee ??

[FKS21177]

this is another crap from HO....

I am in the situation, we had one employ full-time foe 15 months who resigned and currently having one part-time. until extension employment requirement will be fulfilled but we will be having only 1 part-time employ .

Hopefully if we get extension (IA). Do we have to look for 1 more employ to qualify for extension.