seasky wrote:
I have the feeling that no one at HO has this level of knowledge.
does this mean that if you are post extension if you wish to use the '10 person jobs' route you need to start from scratch post extension? (again we have a single known case on this forum of accelerated ILR and for now all cases supposedly do not need 10 separate employees, that will hit in APR 2017...)
HO surely knows the rules better than anyone. If you read the rules carefully, there is no mention of the term '
accelerated ILR`at all anywhere !! That term is used in the guide to convey the immigration rules better to the applicants
Table 6, rows 3 and 4 in Appendix A, covers exactly what I told you above:
The applicant has:
(a) established a new UK business or businesses that has or have created the equivalent of X new full time jobs for persons settled in the UK, or
(b) taken over or invested in an existing UK business or businesses and his services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of X new full time jobs where X is at least 2.
Where the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months during that last grant of leave.
4 The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period. The specified period must have been spent with leave as a Tier 1 (Entrepreneur) Migrant, as a Businessperson and/or as an Innovator, of which the most recent period must have been spent with leave as a Tier (1) (Entrepreneur) Migrant. The specified continuous period is:
(a) 3 years if the number of new full time jobs, X, referred to in row 3 above is at least 10, or
(b) 3 years if the applicant has:
(i) established a new UK business that has had an income from business activity of at least £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) Migrant, or
(ii) taken over or invested in an existing UK business and his services or investment have resulted in a net increase in income from business activity to that business of £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) Migrant, when compared to the immediately preceding 3 year period, or
(c) 5 years in all other cases. Time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man in a category equivalent to the categories set out above may be included in the continuous period of lawful residence, provided the most recent period of leave was as a Tier 1 (Entrepreneur) Migrant in the UK. In any such case, the applicant must have absences from the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man (as the case may be) of no more than 180 days in any 12 calendar months during the specified continuous period.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
