PRE April 2014 Rule - a slightly different scenario

[rsrameshsunil]

I came across an entrepreneur (50kPSW) whose visa expiring in 2 months time. Has invested partially around 10% so far and no job creation yet. However its a genuine situation which did not require him to invest yet. That said, now his business is in need of rest of the investment (and more) which he is planing to do.

Considering the PRE april 2014 transitional arrangements.
1. Would he satisfy the requirement for extension by employing 13 employees just for this last 2 months before his visa expiry. (equivalent of 2 jobs)
2. Also would he satisfy the requirement for accelerated ILR if he is ready to employ 63 people full time for this last 2 months before his visa expiry. (equivalent of 10 jobs)

The requirement of hiring that many employees at this stage is totally genuine though.

Is there any risk involved in doing this ? Bocs if in case visa gets rejected, he might as well save the money now and leave instead of losing money as well as not getting the visa.

you thoughts?

[zimba]

Considering the PRE april 2014 transitional arrangements.
1. Would he satisfy the requirement for extension by employing 13 employees just for this last 2 months before his visa expiry. (equivalent of 2 jobs)
2. Also would he satisfy the requirement for accelerated ILR if he is ready to employ 63 people full time for this last 2 months before his visa expiry. (equivalent of 10 jobs)

The requirement of hiring that many employees at this stage is totally genuine though.

How is that genuine ?? It is a desperate attempt to stay here I would say.
How do you hire 63 or even 13 full time people in a short period ??? Why a business needs that many employees in a short period of time and right before visa expiry ?? Coincidence ??

[Mrchaany]

This is joke

[rsrameshsunil]

Considering the PRE april 2014 transitional arrangements.
1. Would he satisfy the requirement for extension by employing 13 employees just for this last 2 months before his visa expiry. (equivalent of 2 jobs)
2. Also would he satisfy the requirement for accelerated ILR if he is ready to employ 63 people full time for this last 2 months before his visa expiry. (equivalent of 10 jobs)

The requirement of hiring that many employees at this stage is totally genuine though.

How is that genuine ?? It is a desperate attempt to stay here I would say.
How do you hire 63 or even 13 full time people in a short period ??? Why a business needs that many employees in a short period of time and right before visa expiry ?? Coincidence ??

I understand your point. But businesses work that way. Every new venture is different and may need investments/jobs etc.. at varying stages. The job requirements i mentioned above can be justified with a large order or expansion for instance.
That said. Your response does indicate that Home Office might aswell come to same conclusion and might consider applicant not to be genuine even though he can provide evidences to prove the point!
Anyways. that was helpfull @zimba88. Much appreciated.

Any other thoughts guys?

[rsrameshsunil]

This is joke

Totally agree it does sound that way. But 13 employees requirement due to a large project sign up doens't sound that remote to me. Especially after years of hard work to achieve this outcome. I guess the question really is about the rules :

Pre 6 April 2014 transitional arrangement
165. If you successfully applied to enter the route before 6 April 2014, you may continue to
employ:
 one worker for 24 months
 one worker for 6 months and one for 18 months
 4 workers for 6 months each

I understand, for pre april 2014 applications, the aggregate is hours will do. But would like get your thoughts on 6 workers for 4 months each for eg or further down like 8 workers for 4 months each ?

[rsrameshsunil]

This is joke

Totally agree it does sound that way. But 13 employees requirement due to a large project sign up doens't sound that remote to me. Especially after years of hard work to achieve this outcome. I guess the question really is about the rules :

Pre 6 April 2014 transitional arrangement
165. If you successfully applied to enter the route before 6 April 2014, you may continue to
employ:
 one worker for 24 months
 one worker for 6 months and one for 18 months
 4 workers for 6 months each

I understand, for pre april 2014 applications, the aggregate hours will do. But would like get your thoughts on 6 workers for 4 months each for eg or further down like 8 workers for 4 months each ?

[Mrchaany]

ok

you have no other option
but need to hire 13 employees now with an accountant how can put them RTIs and need to show 50000 director loan agreement

be safe
IK

[dd156]

Wow, is someone really in this situation? He really left all this to the last minute?

[seasky]

Wow, is someone really in this situation? He really left all this to the last minute?

There have been at least two recent cases on this forum that I recall that people came here -on the last day- (one was fantasizing on some last minute crazy idea of asking others to consider their employees for her/his case....)

[seasky]

to the 'friend' of the OP: You will get points for the employees as it is pre APR 2014 rules. So the question is authenticity and the genuine entrepreneur test.

If your friend after working hard for so long, then finally this great business opportunity arose ("worth immideatly hiring 63 people!") and he is embracing it then that is fine. He will have to show at the interview how this opportunity came about (hint: he needs to keep everyone employed until a decision is made not just the two months till extension, but that is not a problem as the opportunity is real)