Tier 1 Entrepreneur-2nd extension ILR Query

[grenland7862]

Dear members,

I have a query with regards to Tier 1 entrepreneur 2nd extension for ILR.
Home office doesn't specified their requirements in detailed for ILR if some one successful in initial and 1st extensions application.

I believe they will check that if we still carry on same business and registered with HMRC or CH. I think they will also check creditablity of our business growth as well.

I am bit confused with regards to two full time posts. If someone claimed two full time posts ( I created 5 in my first extension) at first extension, does he/she still need further two full time posts at the time of ILR or after second extension?

Any help will be really appreciated.

Thanks and regards

[hina_pirzada]

You must maintain 2 full time job until u get ILR. At the time of ILR application you can show them you are running your business. There is no any issue if your business is going in loss or profit. But 2 full time job is mandatory for 2 years after getting extension.

[zimba]

Yes. Job creation criteria applies to the period of your LAST visa. So if you are on your second extension for example, you still need to have maintained/created two full time jobs in that period to qualify for another extension or ILR

[grenland7862]

You must maintain 2 full time job until u get ILR. At the time of ILR application you can show them you are running your business. There is no any issue if your business is going in loss or profit. But 2 full time job is mandatory for 2 years after getting extension.

Hi Thanks for your clarification.
My first extension was refused abd currently in process for Admin review. I believe I will win the case as I completed all requirements.

On problem, I wasn't looking well for last 4 months and my business has also effected. I left one part time employee since I submitted first extension.Now I am.planning to employ more staff to compensate the missing period. As I said my solicitor submitted Admin review and waiting for their response so there is about 6 months passed since I submitted my first extension and I had only one employees working 25 hours per week for last six months .could anyone advise me please to sort this out.
Thanks

[grenland7862]

Yes. Job creation criteria applies to the period of your LAST visa. So if you are on your second extension for example, you still need to have maintained/created two full time jobs in that period to qualify for another extension or ILR

Hi Zimba
Thanks for your clarification.
My first extension was refused and currently in process for Admin review. I believe I will win the case as I completed all requirements.

On problem, I wasn't looking well for last 4 months and my business has also effected. I had one part time employee since I submitted first extension as others left employments .Now I am.planning to employ more staff to compensate the missing period. As I said my solicitor submitted Admin review and waiting for their response so there is about 6 months passed since I submitted my first extension and I had only one employees working 25 hours per week for last six months .could anyone advise me please to sort this out.
Thanks

[zimba]

compensate for what ??

[grenland7862]

compensate for what ??

Home office look number of hours worked in order to calculate the full time employment period. 30x52 =1560 hours considered 1 full time job for one year.
I had one worker working 25 hours per week since I submitted my first extension 6 months ago. Now I am looking 4 more staff immediately so they can compensate the missing hours for last 6 months.
I am also bit confused if home office turn their decision after Admin Review 'will they issue visa for further two years or just one and half year .
Thanks

[zimba]

I am really confused by what you are trying to say.
You need to create two full time jobs within the first 3 years of initial visa to be eligible for extension. You need to maintain those jobs or create two other jobs in the extension period. A job does NOT need to be continuous so there is nothing to compensate here.
If your employees left, you can simply replace them after you get your extension. Your visa will always be extended for a period of two years

[ali31]

You must maintain 2 full time job until u get ILR. At the time of ILR application you can show them you are running your business. There is no any issue if your business is going in loss or profit. But 2 full time job is mandatory for 2 years after getting extension.

There is no such requirements. Please show me in guideline

[grenland7862]

You must maintain 2 full time job until u get ILR. At the time of ILR application you can show them you are running your business. There is no any issue if your business is going in loss or profit. But 2 full time job is mandatory for 2 years after getting extension.

There is no such requirements. Please show me in guideline

I also read guidelines but couldn't find such requirements that apapplicants must maintain two full times posts for further two yyears in order to qualify for indefinite leave to remain.
Home office just mentioned that if two posts and investment requirements were completed in previous leave to remain then applicant will be awarded points automatically.
They haven't clearly mentioned that two full time posts must continue until we apply ILR.
I contacted my solicitor but he also confused and wasn't able to gave my clear answer.

[Mrchaany]

I am 100% agree one has to
Show two fulltime post for one year for ilr.

[grenland7862]

I am 100% agree one has to
Show two fulltime post for one year for ilr.

Hi,

You said two full time posts for one year, would that be after second extension for ILR?.
Yes, two posts for one year make sense but for further two years doesn't seems to fit with requirements.

[zimba]

The job creation criteria applies to the LAST period of your leave, that means if you have an extension and going for ILR, the extension period is your LAST period of leave. If you get a 2nd extension, that 2nd extension period is your LAST period of leave. This requirement is clearly mentioned in the Immigration rules Appendix A (Table 6):

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.

The current Tier 1E guide is missing the bit that you need to maintain/create jobs for your ILR however the case worker guide is much clearer:

This arrangement is also applicable to 5 year ILR applications. However, the employment will be in relation to the extension period of leave, rather than the initial period of leave.

Read page 80-81 Case worker guide for Tier 1E: https://www.gov.uk/government/uploads/s ... ur-v17.pdf