Tier 1 Entrepreneur Visa , Transitional Arrangement ILR

[mshakeel2002]

Hi:
thanks for your comment why second one is not settled, since he is allowed to work as many hours as he wants to in UK and he can also do his own business. there is no work restriction for him? i am worried now.

It should be fine. What visa is he on ? Dependant visa ?

Hello:
I just know that his passport is Pakistani Passport and i have copies of his biometric card which says following:
Type of permit : Leave to remain
remarks: work permitted

It does not say anything else, and he will be applying for ILR in April 2018. Please marcnath tell me is he a settled worker beacase i hired him for 12 months and now i only have 3 months left for my ILR.

If he does not hold ILR, he is NOT a settled worker and does not count. He only holds a limited leave to remain visa.

Now i am soo much confused and worried any one who would like to comment PLEASE

[CR001]

The requirements are quite clear, it must be a settled/EU or BC worker to count for employment.

A person on limited leave to remain is NOT a settled worker as they do not have ILR. You cannot count this person.

[mshakeel2002]

The requirements are quite clear, it must be a settled/EU or BC worker to count for employment.

A person on limited leave to remain is NOT a settled worker as they do not have ILR. You cannot count this person.

IF i hire 4 people full time for remaining three months you think it will raise suspecion? or problems?

[marcnath]

The requirements are quite clear, it must be a settled/EU or BC worker to count for employment.

A person on limited leave to remain is NOT a settled worker as they do not have ILR. You cannot count this person.

IF i hire 4 people full time for remaining three months you think it will raise suspecion? or problems?

To be very clear, when I said it is ok, I just was conveying it was ok to hire him - you have not broken any laws. But, he is not a settled worker and cannot be used for job creation purposes for your extension (as others have pointed out).

Yes, of course, it would raise suspicion, but it is not against the immigration rules. So, the CW has to give you points for Job Creation even if you hire 12 people for 1 month.

Expect greater scrutiny, but as long as you are not doing fraudulent employment or evidence, it will probably be ok.

[mshakeel2002]

The requirements are quite clear, it must be a settled/EU or BC worker to count for employment.

A person on limited leave to remain is NOT a settled worker as they do not have ILR. You cannot count this person.

IF i hire 4 people full time for remaining three months you think it will raise suspecion? or problems?

To be very clear, when I said it is ok, I just was conveying it was ok to hire him - you have not broken any laws. But, he is not a settled worker and cannot be used for job creation purposes for your extension (as others have pointed out).

Yes, of course, it would raise suspicion, but it is not against the immigration rules. So, the CW has to give you points for Job Creation even if you hire 12 people for 1 month.

Expect greater scrutiny, but as long as you are not doing fraudulent employment or evidence, it will probably be ok.

Someone told me their is another option that i apply for second extention. which is granted for one year, what is that extention called please and what main requirements i need to provide

[marcnath]

The requirements are quite clear, it must be a settled/EU or BC worker to count for employment.

A person on limited leave to remain is NOT a settled worker as they do not have ILR. You cannot count this person.

IF i hire 4 people full time for remaining three months you think it will raise suspecion? or problems?

To be very clear, when I said it is ok, I just was conveying it was ok to hire him - you have not broken any laws. But, he is not a settled worker and cannot be used for job creation purposes for your extension (as others have pointed out).

Yes, of course, it would raise suspicion, but it is not against the immigration rules. So, the CW has to give you points for Job Creation even if you hire 12 people for 1 month.

Expect greater scrutiny, but as long as you are not doing fraudulent employment or evidence, it will probably be ok.

Someone told me their is another option that i apply for second extention. which is granted for one year, what is that extention called please and what main requirements i need to provide

I am not aware of any such extension and it is not in the immigration rules. Can you please ask that "someone" to share details of that for the benefit of all ?

[mshakeel2002]

Thanks , your post has actually helped me, i thought they add extra hours but it appears they dont. I need to apply for my ILR.

Can you guys please check if i am on right track ( i am Pre April 2014)

Job one >Sarah - 143 hours per month for 12 months (so if they consider 130 hours seems ok)
...........................................Total 1560 hours

Job Two> James - 138 hours per month for 5 month (so if they consider 130 hours = 650 hours)
Mike - 169 hours per month for 5 months (so if they consider 130 hours = 650 hours)
Oliver - 169 hours per month for 3 month (so if they consider 130 hours = 390 hours)
........................................Total 1690 hours
Job Two employees all three of them will be working together full time, so i am joining their hours they all will work between December 2017 till April 2018

Please advise.
Thanks

If you have three employees working at the same time, it is better to list them as separate jobs.
Since you are pre-April 2014, there is no requirement for a job to last for 12 months.
If you list them all under Job Two, then the CW does have the right to limit the max hours each month to 130 and so give you only 130 x 5 = 650 hours for all three employees together.
If they are listed as separate jobs, then the CW has to add them up.

Can you please advise me how do i list them up as separate jobs on form:
SETO Form says:

Job Number :
Job Tile
Date Created:

Job Number :
Job Tile
Date Created:

Job Number :
Job Tile
Date Created:

Job Number :
Job Tile
Date Created:


I hired one person since December 2018 on 138 hours
I hired one person since December 2018 on 138 hours
I will hired one person since Feburary 2018 on 169 hours

I will hired one person since Feburary 2018 on 169 hours
I will hired one person since Feburary 2018 on 169 hours
I will hired one person since Feburary 2018 on 169 hours
I will hired one person since Feburary 2018 on 169 hours


My ILR is due after 3 months on 5th May 2018

Please assume any tiles for job and advise me how can i fill the form so that i meet or exceed 3120 hours. I am on Pre 2014 Transitional arrangement as well. Please explain by assuming any job title. Please fill below Please:

Job Number :
Job Tile
Date Created:

Job Number :
Job Tile
Date Created:

Job Number :
Job Tile
Date Created:

Job Number :
Job Tile
Date Created:

Job Number :
Job Tile
Date Created:

Job Number :
Job Tile
Date Created:

Job Number :
Job Tile
Date Created:

Many Thanks

[marcnath]

I don't understand what you want.

For Job number, you just go 1, 2, 3, 4, 5, 6, .......

Job Title, you enter the actual Job title. If you have three cashiers, just write Cashier 1, Cashier 2, Cashier 3.

Date Created is the date the job was created, which is normally the joining date of the employee.

Then, of course, you need to fill in name, start date, end date, hourly rate, etc for each employee

[mshakeel2002]

4 people hired for 3 months each working for 169 hours each: so to qualify for one job created i need to do it s follows to get all 169 hours each (2028) rather then case worker considering only 130 hours each (1560).

so your advising that i put it this:

Job Number : 1
Job Tile : cashier 1
Date Created: 1st Feburary 2018

Job Number : 2
Job Tile : cashier 2
Date Created:1st Feburary 2018

Job Number : 3
Job Tile : cashier 3
Date Created:1st Feburary 2018

Job Number : 4
Job Tile : cashier 4
Date Created:1st Feburary 2018

Please help me out i am messed up.

[marcnath]

4 people hired for 3 months each working for 169 hours each: so to qualify for one job created i need to do it s follows to get all 169 hours each (2028) rather then case worker considering only 130 hours each (1560).

so your advising that i put it this:

Job Number : 1
Job Tile : cashier 1
Date Created: 1st Feburary 2018

Job Number : 2
Job Tile : cashier 2
Date Created:1st Feburary 2018

Job Number : 3
Job Tile : cashier 3
Date Created:1st Feburary 2018

Job Number : 4
Job Tile : cashier 4
Date Created:1st Feburary 2018

Please help me out i am messed up.

To repeat again, the maximum hours per month per job that will be counted is 130 hours.
But, yes, listing it as above will work to get you 4 (jobs) X 3 (months) X 130 (hours) = 1 FT job equivalent.

[seasky]

You can apply for 2nd extension. For example if u dont have enough days in UK for ILR.

BUT the employment rules are the same for 2nd extension and ILR.

Expect to be looked at in extreme detail if you hire many people for a short while. It is clearly "artificial"

[mshakeel2002]

You can apply for 2nd extension. For example if u dont have enough days in UK for ILR.

BUT the employment rules are the same for 2nd extension and ILR.

Expect to be looked at in extreme detail if you hire many people for a short while. It is clearly "artificial"

Please advise:

hired two people for 6 month each full time > applied for ILR > Ilr refused since both have worked only 6 months > suppose ILR process took 6-7 months > Fresh 2nd Extension applied launched > by this time both employees have reached 12 months each... you think they consider the employments created during IRL application processed.

[mshakeel2002]

Hi:
if i apply for ILR but if it gets refused due to job creation then after that i apply for Extension, will HO accept jobs created DURING the period while ILR application was in Home office ?

Please advise.

[zimba]

Hi:
if i apply for ILR but if it gets refused due to job creation then after that i apply for Extension, will HO accept jobs created DURING the period while ILR application was in Home office ?

Please advise.

Yes. You can claim points for any job created 12 months before the date of your application

[mshakeel2002]

Hi:
if i apply for ILR but if it gets refused due to job creation then after that i apply for Extension, will HO accept jobs created DURING the period while ILR application was in Home office ?

Please advise.

Yes. You can claim points for any job created 12 months before the date of your application

Many thanks you are the only person who has given any hope so far...... i have to apply for ILR on May 2018, since i hired two employees from november 2017 they both only make up 6 months each instead of 12 months each... if i apply for ILR clearly it wont work....so i am relying upon my second extention which i intend to make AFTER ILR hoping it will take them 6 months....if so then my both employees would have worked for 12 months by then.
So are you suggesting that the period during my ILR application sent to HO untill their reply , any job created during this period counts towards job creation ....
Please advise

[marcnath]

You can apply for 2nd extension. For example if u dont have enough days in UK for ILR.

BUT the employment rules are the same for 2nd extension and ILR.

Expect to be looked at in extreme detail if you hire many people for a short while. It is clearly "artificial"

Please advise:

hired two people for 6 month each full time > applied for ILR > Ilr refused since both have worked only 6 months > suppose ILR process took 6-7 months > Fresh 2nd Extension applied launched > by this time both employees have reached 12 months each... you think they consider the employments created during IRL application processed.

I am totally confused with your question.
Can you please be clear and consistent when you post your questions.
Here is what I have gathered so far:
1. You are pre-April 2014, so eligible for transitional arrangements
2. You had one employee FT from April 2017 and two employees FT from Nov 2017 (as per your original post on Jan 05)
3. On Feb 04, you talked about two jobs (not three that you stated in Jan) and about two employees
4. On Feb 11, it became one job with one employee and a second job with three employees
5. One Feb 12, you said one of the employees was not a settled worker.
6. Later on Feb 12, you asked about hiring 4 people for three months, which was confirmed ok (I assume to substitute for the non settled worker)

In this post, this became two employees of 6 months.
And I don't understand why you think that would be rejected if you had one Italian worker for 12 months - since it has been explained to you that as a pre-2014 applicant, you are under transitional arrangements.

When you are inconsistent, you are wasting time for those trying to help you.

Can you please be absolutely clear about your situation.

[marcnath]

Hi:
if i apply for ILR but if it gets refused due to job creation then after that i apply for Extension, will HO accept jobs created DURING the period while ILR application was in Home office ?

Please advise.

Yes. You can claim points for any job created 12 months before the date of your application

Many thanks you are the only person who has given any hope so far...... i have to apply for ILR on May 2018, since i hired two employees from november 2017 they both only make up 6 months each instead of 12 months each... if i apply for ILR clearly it wont work....so i am relying upon my second extention which i intend to make AFTER ILR hoping it will take them 6 months....if so then my both employees would have worked for 12 months by then.
So are you suggesting that the period during my ILR application sent to HO untill their reply , any job created during this period counts towards job creation ....
Please advise

The job creation requirements are THE SAME whether it is an extension application or ILR application
So, if you think your ILR will not succeed, then your extension will not either.
Since you are applying in May, each of your employees would have been there for 7 months.
You have the choice of employing additional employees now or applying with the current employees knowing it will be rejected.
If your application is not decided by Oct 2018, you can send the additional five months payslips and FPS. While it is not guaranteed, the chances are high that they will take the additional five months when deciding your application.
If it gets rejected before Nov 2018, you will apply for AR which will be rejected. You can then make a fresh ILR application. If that timing is after Nov 2018, you would have the necessary employment for your ILR.

If your application and AR is processed much faster, say by July/August 2018, then you will not be able to EITHER apply for ILR OR extension.
Your best bet is to hire new employees to make up the job creation requirement.

[zimba]

ANY job created within the last 12 months will count as per new rules.

[marcnath]

ANY job created within the last 12 months will count as per new rules.

@zimba - could you clarify this ? The rule change does not seem to have any specific impact to this case - Or have I missed something here ?

The changes in the new rules of "last 12 months" apply only if the last leave was granted less than 12 months from date of application, which is not the OP's situation. He is applying 24 months after grant of extension.

Otherwise, it is still the same as the old rules, i.e. jobs created in the "most recent grant of leave"


Relevant section from Appendix A:
The jobs must have existed for at least 12 months during the applicant’s most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of application.

[zimba]

If the 2nd extension is successful, then it would work for ILR. That was my assumption

[mshakeel2002]

Hello:
marcnath first of all my apologies for asking various questions with various scenarios. i am just trying to find way out of my problem.

Basically i hired a guy turned out to be waste of time. short story...during my 2 year extension period i only have two employees working since November 2017 and my ILR is due in May 2018... (this makes only one job)

Suppose if my ILR application is delayed untill December 2018. both employed would have finished 12 months and i should be able to apply for 2nd extention. Please tell me if this is correct?...

[marcnath]

Hello:
marcnath first of all my apologies for asking various questions with various scenarios. i am just trying to find way out of my problem.

Basically i hired a guy turned out to be waste of time. short story...during my 2 year extension period i only have two employees working since November 2017 and my ILR is due in May 2018... (this makes only one job)

Suppose if my ILR application is delayed untill December 2018. both employed would have finished 12 months and i should be able to apply for 2nd extention. Please tell me if this is correct?...

"Basically i hired a guy turned out to be waste of time." - you mean to say this employee did not contribute to the business was just supposed to be there for the Job Creation requirements ?

I still don't understand why you keep enquiring about a second extension. If your ILR application is delayed until Dec 2018, why would you want to apply for a second extension ? You would have met the job requirement for ILR

[mshakeel2002]

Hi:
I am sorry for my lack of clarification. the employee i hired was not a settled worker. i thought he was but he is not. but i found out this very late.

luckily i hired two more employees since november 2017 they are british hence settled worker and can contribute towards job created.

so you see i have created no job (if title is different) or (one job if title is same). but ILR is due in 3 months (May 2018). i was told that if i apply for ILR and clearly its a refusal, and if decision comes after 6 months... then the above two jobs would have become 12 months each. in which case i can apply for 2nd Extention (if i say job titles are different) .

But i am unable to find whether job created during the period while i am waiting for HO to give ILR decision will be counted or not. so that (6months each employee before extentions) and (6 months each employee during ILR Application) = 12 months each employee worked, which means 2nd Extention requirements full filled.

Please advise

[marcnath]

I think even I answered this question many times (and so have others).
Jobs created during the decision waiting time (when you are under Section 3C) is generally accepted by HO.
So, to be very clear, YES, if the decision is delayed until Dec 2018, then the jobs between May and Dec 2018 can be used for Job Creation evidence.

What I don't understand (and you still haven't answered) is why are you talking about a 2nd extension ?

At the end of Oct 2018, your two employees will have completed 12 months each.

If your ILR application is not decided at that point in time, all you need to do is send in the additional payslips and FPS from June to October and you will qualify for ILR.

In case it is decided before Oct 2018, then you will do a fresh application for ILR (NOT 2nd EXTENSION) in Nov 2018 with the two employees between Nov 2017 and Oct 2018.

However, if your application is rejected BEFORE October 2018, you CANNOT make a new application (ILR or extension) in Nov 2018.

[marcnath]

luckily i hired two more employees since november 2017 they are british hence settled worker and can contribute towards job created.

so you see i have created no job (if title is different) or (one job if title is same).

This makes no sense either. I don't understand this "no job".

Since you employed two settled workers in November 2017 and you are pre-April 2014, you have satisfied 1 FT job and 2 months of the 2nd FT job.

It does not matter whether job title is same or different

You only need 10 more months of FT job so, for example, five employees in March and April will meet your requirements.