Tier 1 Extension- Overseas Job Creation

[kapdis]

Hi all,

I have a query regarding job creation.

I have two offices, one in london and other one in dubai.

I have sent my brother who is a british citizen to look after dubai's office and I transfer his salary in his uk bank account with monthly Hmrc FPS, he is in dubai for more thn 2 years now, he does come to london but for 2 to 3 weeks.

I also have a full time employee on ILR in london office. I have few more employees over here but they are not settled in UK so I am not counting them.

So my query is can I count my brother as a 2nd full time employee.

Thanks for ur input.

[zimba]

Hi all,

I have a query regarding job creation.

I have two offices, one in london and other one in dubai.

I have sent my brother who is a british citizen to look after dubai's office and I transfer his salary in his uk bank account with monthly Hmrc FPS, he is in dubai for more thn 2 years now, he does come to london but for 2 to 3 weeks.

I also have a full time employee on ILR in london office. I have few more employees over here but they are not settled in UK so I am not counting them.

So my query is can I count my brother as a 2nd full time employee.

Thanks for ur input.

According to Immigration rules a settled worker is define as below:

In Part 6A and Appendices A and J of these Rules, “settled worker” means a person who:

(i) is a national of the UK,
(ii) is a person with a right of residence in accordance with the Immigration (European Economic Area) Regulations 2006 or, except where that person is subject to worker authorisation, the regulations made under section 2 of the European Union (Accessions) Act 2006 in combination with section 2(2) of the European Communities Act 1972 or the regulations made under section 4 of the European Union (Croatian Accession and Irish Protocol) Act 2013,
(iii) is a British overseas territories citizen, except those from Sovereign Base Areas in Cyprus,
(iv) is a Commonwealth citizen with leave to enter or remain granted on the basis of UK Ancestry (paragraphs 186 to 193 of these Rules), or
(v) has settled status in the UK within the meaning of the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999, and the Nationality, Immigration and Asylum Act 2002.

[kapdis]

Thanks for your reply,
I am still not clear, where does it say I cannot count an UK citizen employee working overseas on a project?

[zimba]

Thanks for your reply,
I am still not clear, where does it say I cannot count an UK citizen employee working overseas on a project?

Well it does not say that as the immigration rules do not cover this specific case. However given that a UK citizen has right of abode in the UK, he will always maintain settled status. If you can hire a UK citizen who is not a resident in th UK, you still need to make sure they are employed on a full-time employment basis.
I suggest you confirm this with HO again to be safe.

[mohammed1980]

Hi all,

I have a query regarding job creation.

I have two offices, one in london and other one in dubai.

I have sent my brother who is a british citizen to look after dubai's office and I transfer his salary in his uk bank account with monthly Hmrc FPS, he is in dubai for more thn 2 years now, he does come to london but for 2 to 3 weeks.

I also have a full time employee on ILR in london office. I have few more employees over here but they are not settled in UK so I am not counting them.

So my query is can I count my brother as a 2nd full time employee.

Thanks for ur input.

The job creation must be in the UK, not in a foreign country.