Accelerated route to ILR and Jobs confusion ????

[adilzia]

Hi guys,
Please answer my these questions.

Can i fulfill the requirement for the accelerated ILR route by hiring?????

1st year =======> 3 full time employee
2nd year =======> 3 full time employee
3rd year ========> 4 full time employee

Basically 3 full time jobs for whole 3 years and 1 extra (4th) for the last 3rd year.
OR
Do i need to hire 10 employee at the same time ??

2nd question:

Do i need to hire these 10 employees for atleast 1 year or there is no requirement for time period?

[attahaas]

Yes, you could do that, it's equivalent of creating 10 full-time jobs for at least 1 year. No need to hire the 10 at the same time, just make sure about the 1 year part.

[Entreprenure 10 jobs]

Hello,

Im am also an applicant via accelerated route and have studied policy in full. From your employees details in 3 years it fulfils the requirement.

It is very important to explain clearly in your covering letter to set o. How the policy of 10 employees for 12 months is met. If you need help perhaps i can assist.

Best

[SRMT]

I have a complicated situation and would appreciate any reply:


Two people (My wife and a daughter M) applied for entrepreneur visa separately. They formed a company-S and invested £400,000 within 6 months (April 2012) buying a guest house. Then they employed 3 full times workers (creating new jobs). My another daughter (F) took entrepreneur visa in May 2012. Within 6 months ( 9th November 2012), she invested £200,000 and joined company-S as a share holder and director. Another full time worker was employed from January 2013.
Another company X was established 6th August 2013. It had only two shareholders, i.e. My wife and M.

Now we have plenty of employees and are ready to apply for ILR (accelerated route of 3 years) for My wife and M.
We understand that 1 year of full time job based on 30 hrs is should constitute 1560 hrs.
But we are confused about the number of employees. They are plenty in number.

1. Do we have the choice to save some for daughter F later (When she applies for her ILR in June)?
2. Are the employees hours divided equally between each shareholder of the company?
3. If I have 10 employees who have constantly worked 30 hrs per week for 16 months . They all have done 2130 hrs each, totalling to 21300 hrs. For this case, is this 10 Jobs or it will make up 13.5 jobs. The scenario shld take into account that there are two directors having equal share both have done an investment of £200,000 each and both are making ILR application. What is an acceptable distribution?
4. In addition to this I have situations where one employee started work in Sep 2013 and worked till feb 2014, doing 5 months and another employee also started in September 2013 and ended employment April 2014. Can these two be combined as 1 job for 12 months having combined 2130 hrs?
5. I also have a situation where two employees started at the same time one did 2 months and other worked for 22 months. Can this be considered 2 jobs?
6. Can 3 employees having done 16 months, 16 months and 4 months make 3 jobs?

Thanks

[siavashes]

I have a complicated situation and would appreciate any reply:


Two people (My wife and a daughter M) applied for entrepreneur visa separately. They formed a company-S and invested £400,000 within 6 months (April 2012) buying a guest house. Then they employed 3 full times workers (creating new jobs). My another daughter (F) took entrepreneur visa in May 2012. Within 6 months ( 9th November 2012), she invested £200,000 and joined company-S as a share holder and director. Another full time worker was employed from January 2013.
Another company X was established 6th August 2013. It had only two shareholders, i.e. My wife and M.

Now we have plenty of employees and are ready to apply for ILR (accelerated route of 3 years) for My wife and M.
We understand that 1 year of full time job based on 30 hrs is should constitute 1560 hrs.
But we are confused about the number of employees. They are plenty in number.

1. Do we have the choice to save some for daughter F later (When she applies for her ILR in June)?
2. Are the employees hours divided equally between each shareholder of the company?
3. If I have 10 employees who have constantly worked 30 hrs per week for 16 months . They all have done 2130 hrs each, totalling to 21300 hrs. For this case, is this 10 Jobs or it will make up 13.5 jobs. The scenario shld take into account that there are two directors having equal share both have done an investment of £200,000 each and both are making ILR application. What is an acceptable distribution?
4. In addition to this I have situations where one employee started work in Sep 2013 and worked till feb 2014, doing 5 months and another employee also started in September 2013 and ended employment April 2014. Can these two be combined as 1 job for 12 months having combined 2130 hrs?
5. I also have a situation where two employees started at the same time one did 2 months and other worked for 22 months. Can this be considered 2 jobs?
6. Can 3 employees having done 16 months, 16 months and 4 months make 3 jobs?

Thanks

hi

regarding your q 4,5,6 and the hours you want to claim , as per guidance that they applied in 2012 like myself , the time,length and how many job she created is not considered as long as( I put example from immigration law below ) she can show creation of (each applicant ) 1560 hours in ANY combaniation. some people will advice wrongly in this forum about this matter as they are confused with new policies that released after April 2014 , so as long as she can clearly show(each) 1560 hours in papers, she is fine and will awarded point for job creation.

I will apply for ILR in one month if you need any assistance pm me .

94. 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 job 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.
• 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

[talha.kh]

i had a question and i was wondering if you guys can help, sorry it may seems similar but i want to clear doubts.

2 x 24 hours/week Jobs since May 2013

1 x 24 hours/week Job since May 2013- Apr 14

7 x 30 hours/week Jobs since Nov 2014

1 x 24 hours/week Jobs since Nov 2014

1 x 16 Hours/ week job since Nov 2014

The total number of hours for jobs in 3 years time is over 17000 but the full time jobs which were created in Nov 14 are less than 12 months and i have to apply for ILR in Sep. Do i fall under the criteria or should i wait.

[siavashes]

i had a question and i was wondering if you guys can help, sorry it may seems similar but i want to clear doubts.

2 x 24 hours/week Jobs since May 2013

1 x 24 hours/week Job since May 2013- Apr 14

7 x 30 hours/week Jobs since Nov 2014

1 x 24 hours/week Jobs since Nov 2014

1 x 16 Hours/ week job since Nov 2014

The total number of hours for jobs in 3 years time is over 17000 but the full time jobs which were created in Nov 14 are less than 12 months and i have to apply for ILR in Sep. Do i fall under the criteria or should i wait.

hi

no it should be fine .

[helpingperson]

All on this thread,

did any of you apply for ILR based on 10 jobs?

Thank you.

[seasky]

All on this thread,

did any of you apply for ILR based on 10 jobs?

Thank you.

very good question. on this forum I have only seen one example form 2015 that someone said he received accelerated ILR with less than 10 employees

[helpingperson]

All on this thread,

did any of you apply for ILR based on 10 jobs?

Thank you.

very good question. on this forum I have only seen one example form 2015 that someone said he received accelerated ILR with less than 10 employees

Yes, there are lots of Entrepreneurs who created jobs following old guidance, there are few on this thread, so it will be useful to know what they have done or plan to do. It is absolute clear that Home Office once again has messed up and can be challenged based on old guidance.

[RJS123]

Dear Siavashes and SRMt

Please could anyone of you be kind to update us that if you were successful to obtain accelerated ILR through Tier 1 Entrepreneur visa?
If yes, then please could you tell how did satisfied the 10 jobs rule? Like how many employees did you employed and did you employed 10 full time employees for 1 year?
We will really appreciate your kind support.
Cheers!

I have a complicated situation and would appreciate any reply:


Two people (My wife and a daughter M) applied for entrepreneur visa separately. They formed a company-S and invested £400,000 within 6 months (April 2012) buying a guest house. Then they employed 3 full times workers (creating new jobs). My another daughter (F) took entrepreneur visa in May 2012. Within 6 months ( 9th November 2012), she invested £200,000 and joined company-S as a share holder and director. Another full time worker was employed from January 2013.
Another company X was established 6th August 2013. It had only two shareholders, i.e. My wife and M.

Now we have plenty of employees and are ready to apply for ILR (accelerated route of 3 years) for My wife and M.
We understand that 1 year of full time job based on 30 hrs is should constitute 1560 hrs.
But we are confused about the number of employees. They are plenty in number.

1. Do we have the choice to save some for daughter F later (When she applies for her ILR in June)?
2. Are the employees hours divided equally between each shareholder of the company?
3. If I have 10 employees who have constantly worked 30 hrs per week for 16 months . They all have done 2130 hrs each, totalling to 21300 hrs. For this case, is this 10 Jobs or it will make up 13.5 jobs. The scenario shld take into account that there are two directors having equal share both have done an investment of £200,000 each and both are making ILR application. What is an acceptable distribution?
4. In addition to this I have situations where one employee started work in Sep 2013 and worked till feb 2014, doing 5 months and another employee also started in September 2013 and ended employment April 2014. Can these two be combined as 1 job for 12 months having combined 2130 hrs?
5. I also have a situation where two employees started at the same time one did 2 months and other worked for 22 months. Can this be considered 2 jobs?
6. Can 3 employees having done 16 months, 16 months and 4 months make 3 jobs?

Thanks

hi

regarding your q 4,5,6 and the hours you want to claim , as per guidance that they applied in 2012 like myself , the time,length and how many job she created is not considered as long as( I put example from immigration law below ) she can show creation of (each applicant ) 1560 hours in ANY combaniation. some people will advice wrongly in this forum about this matter as they are confused with new policies that released after April 2014 , so as long as she can clearly show(each) 1560 hours in papers, she is fine and will awarded point for job creation.

I will apply for ILR in one month if you need any assistance pm me .

94. 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 job 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.
• 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

[RJS123]

Dear helpingperson or anyone on this thread

Did anyone has got ILR accelerated route based on 10 jobs?
If yes, then how did you demonstrate.
Please help us.
Cheers!

All on this thread,

did any of you apply for ILR based on 10 jobs?

Thank you.

very good question. on this forum I have only seen one example form 2015 that someone said he received accelerated ILR with less than 10 employees

Yes, there are lots of Entrepreneurs who created jobs following old guidance, there are few on this thread, so it will be useful to know what they have done or plan to do. It is absolute clear that Home Office once again has messed up and can be challenged based on old guidance.

[seasky]

Dear helpingperson or anyone on this thread

Did anyone has got ILR accelerated route based on 10 jobs?
If yes, then how did you demonstrate.
Please help us.
Cheers!

very good question. on this forum I have only seen one example form 2015 that someone said he received accelerated ILR with less than 10 employees[/quote]

Yes, there are lots of Entrepreneurs who created jobs following old guidance, there are few on this thread, so it will be useful to know what they have done or plan to do. It is absolute clear that Home Office once again has messed up and can be challenged based on old guidance.[/quote][/quote]

very simple. You demonstrate 10 positions with the same evidence you use to show two fulltime positions (for post APR 2014 guidelines). congratulations 10 FT jobs for a year is impressive achievment

[RJS123]

Dear all

We haven't created 10 full time jobs for one year. However, we have done it in a transition. For example equivalent to 4 full time jobs in second year and equivalent to 6 full time jobs in third year ( there are 2 part time employees as well who are equivalent to 1 full time employee which we are counting in it)
Hope that clears our situation here.
Please advice someone.
Thank you in advance.

Dear helpingperson or anyone on this thread

Did anyone has got ILR accelerated route based on 10 jobs?
If yes, then how did you demonstrate.
Please help us.
Cheers!

very good question. on this forum I have only seen one example form 2015 that someone said he received accelerated ILR with less than 10 employees

Yes, there are lots of Entrepreneurs who created jobs following old guidance, there are few on this thread, so it will be useful to know what they have done or plan to do. It is absolute clear that Home Office once again has messed up and can be challenged based on old guidance.[/quote][/quote]

very simple. You demonstrate 10 positions with the same evidence you use to show two fulltime positions (for post APR 2014 guidelines). congratulations 10 FT jobs for a year is impressive achievment[/quote]

[RJS123]

Dear all

Our visa was granted on Nov 2013
We haven't created 10 full time jobs for one year. However, we have done it in a transition. For example equivalent to 4 full time jobs in second year and equivalent to 6 full time jobs in third year ( there are 2 part time employees as well who are equivalent to 1 full time employee which we are counting in it)
Hope that clears our situation here.
Please advice someone.
Thank you in advance.

Dear helpingperson or anyone on this thread

Did anyone has got ILR accelerated route based on 10 jobs?
If yes, then how did you demonstrate.
Please help us.
Cheers!

very good question. on this forum I have only seen one example form 2015 that someone said he received accelerated ILR with less than 10 employees

Yes, there are lots of Entrepreneurs who created jobs following old guidance, there are few on this thread, so it will be useful to know what they have done or plan to do. It is absolute clear that Home Office once again has messed up and can be challenged based on old guidance.[/quote][/quote]

very simple. You demonstrate 10 positions with the same evidence you use to show two fulltime positions (for post APR 2014 guidelines). congratulations 10 FT jobs for a year is impressive achievment[/quote]

[seasky]

Dear all

Our visa was granted on Nov 2013
We haven't created 10 full time jobs for one year. However, we have done it in a transition. For example equivalent to 4 full time jobs in second year and equivalent to 6 full time jobs in third year ( there are 2 part time employees as well who are equivalent to 1 full time employee which we are counting in it)
Hope that clears our situation here.
Please advice someone.
Thank you in advance.

This was discussed in the forum in April when new guidance came out. It is pretty clear that this will not be accepted anymore. You can consider it unfair and it is but that does not help you. There is a lot of abuse of T1e so the good entrepreneurs get hurt from that too. Some people on this forum wanted to get together and hire a lawyer to fight this but that is not going to happen.

If it helps -possibly- the explanation is the rules have not changed and there was no clear guidance before but it was clarified that this accelerated route is a bonus to the very high value entrepreneurs. Remember 6 months after you came in there was guidance clarification on two employees (not for acceleration though)

What to do now? The following is just a suggestion. If you are a strong applicant (and you will know it if you are. For example if your 10 employees are min wage, you clearly are not) then go ahead and submit an accelerated application but clarify clearly in the cover letter that you are working according to what you thought the guidance was at the time (I think there just was no guidance) AND (and this is important):

1. mention in the cover letter that if ILR is not granted to consider granting you an extension instead
2. Make sure you give all the info needed that would be needed for extension e.g. maintenance evidence is needed for extension but not for ILR

There is risk in the above because they could decline the ILR and not grant extension and then you have to prepare and pay again for extension.

You can share details of your business and the forum can give opinion of it is strong or not (but really you know yourself. Small restaurant with min wage employees weak. Technology startup developing algorithms for agricultural efficiency with high paid scientists- strong). I know as a fact they try to help the strong entrepreneurs within the scope of the law. It's natural with the case workers having to go over all the losers with weak weak applications to have some discretion for the strong ones

lastly get used to the fact you may need to extend and get ILR in 2 years. it is not really that bad, nothing really changes in your life

Lastly

[rooney0511]

Dear all

Our visa was granted on Nov 2013
We haven't created 10 full time jobs for one year. However, we have done it in a transition. For example equivalent to 4 full time jobs in second year and equivalent to 6 full time jobs in third year ( there are 2 part time employees as well who are equivalent to 1 full time employee which we are counting in it)
Hope that clears our situation here.
Please advice someone.
Thank you in advance.

If you are trying to apply in November this year for accelerated ILR using transitional arrangements, don't even try that.

People have been rejected those who applied even before the new 04/2016 clarification came.

You still have 5 months, if you think you can do 10 jobs for 12 months then go for it, or just go for an extension, not worth all the time, money and uncertainty

[RJS123]

Dear Rooney0511

Thank you for guiding. It is unfair but if it is the blind rule which we have to entertain then we don't have any option.

Hope for the best.

Regards

Dear all

Our visa was granted on Nov 2013
We haven't created 10 full time jobs for one year. However, we have done it in a transition. For example equivalent to 4 full time jobs in second year and equivalent to 6 full time jobs in third year ( there are 2 part time employees as well who are equivalent to 1 full time employee which we are counting in it)
Hope that clears our situation here.
Please advice someone.
Thank you in advance.

If you are trying to apply in November this year for accelerated ILR using transitional arrangements, don't even try that.

People have been rejected those who applied even before the new 04/2016 clarification came.

You still have 5 months, if you think you can do 10 jobs for 12 months then go for it, or just go for an extension, not worth all the time, money and uncertainty

[RJS123]

Dear Seasky

We are running a retail and wholesale business of consumer electronics like Duracell, Panasonic batteries and Smoking sunderies and home Spam. Our accounts are ok as our turnover is nearly £900000 per annum. We have spent almost all our investment money £200000

It will be a bad luck if we don't get ILR after working that hard on the old guidelines.

Regards

Dear all

Our visa was granted on Nov 2013
We haven't created 10 full time jobs for one year. However, we have done it in a transition. For example equivalent to 4 full time jobs in second year and equivalent to 6 full time jobs in third year ( there are 2 part time employees as well who are equivalent to 1 full time employee which we are counting in it)
Hope that clears our situation here.
Please advice someone.
Thank you in advance.

This was discussed in the forum in April when new guidance came out. It is pretty clear that this will not be accepted anymore. You can consider it unfair and it is but that does not help you. There is a lot of abuse of T1e so the good entrepreneurs get hurt from that too. Some people on this forum wanted to get together and hire a lawyer to fight this but that is not going to happen.

If it helps -possibly- the explanation is the rules have not changed and there was no clear guidance before but it was clarified that this accelerated route is a bonus to the very high value entrepreneurs. Remember 6 months after you came in there was guidance clarification on two employees (not for acceleration though)

What to do now? The following is just a suggestion. If you are a strong applicant (and you will know it if you are. For example if your 10 employees are min wage, you clearly are not) then go ahead and submit an accelerated application but clarify clearly in the cover letter that you are working according to what you thought the guidance was at the time (I think there just was no guidance) AND (and this is important):

1. mention in the cover letter that if ILR is not granted to consider granting you an extension instead
2. Make sure you give all the info needed that would be needed for extension e.g. maintenance evidence is needed for extension but not for ILR

There is risk in the above because they could decline the ILR and not grant extension and then you have to prepare and pay again for extension.

You can share details of your business and the forum can give opinion of it is strong or not (but really you know yourself. Small restaurant with min wage employees weak. Technology startup developing algorithms for agricultural efficiency with high paid scientists- strong). I know as a fact they try to help the strong entrepreneurs within the scope of the law. It's natural with the case workers having to go over all the losers with weak weak applications to have some discretion for the strong ones

lastly get used to the fact you may need to extend and get ILR in 2 years. it is not really that bad, nothing really changes in your life

Lastly