mohsensari wrote: ↑Tue Apr 30, 2019 6:07 pm
Job creation
The Tier 1 Entrepreneur route is for those who will bring investment to the UK economy and create sustainable jobs, not just for themselves, but also for workers settled in the UK.
All the following rules and definitions apply to the extension and settlement job creation requirements:
Tier 1 (Entrepreneur) Policy Guidance – version 0 7 /2018 – Page 28
(a) A full time job is one involving at least 30 hours of paid work a week.
(b) “The equivalent of” a full time job means two or more part time jobs which add up to 30 hours a week will count as one full time job, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job.
(c) The jobs must have existed for at least 12 months during the period of the most recent grant of leave as a Tier 1 (Entrepreneur) migrant.
(d) A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year) providing it is the same job.
(e) The jobs need not exist on the date of application, provided they existed for at least 12 months during the period of the most recent grant of leave.
(f) Different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period. The only exception is where you successfully applied as a Tier 1 (Entrepreneur) migrant before 6 April 2014 in which case you may be able to apply the job creation rules allowed under a transitional arrangement. Further details on transitional arrangements can be found below.
(g) If jobs are being combined, with two part time employees being used to create the equivalent of one full time job, the employees being relied upon must be clearly identified by you in your application.
(h) The jobs must comply with all relevant UK legislation including, but not limited to, the National Minimum Wage and the Working Time Directive.
The table below sets out how we will consider job creation for different types of application
Table E: Job creation table
During your initial leave
You are applying for your first extension application
During your extension period of leave
You are applying for a second extension or 5 year settlement application
You need to create 2 jobs which exist for 12 months.
The Home Office will assess the employment activity from the initial period of leave.
You must: Maintain the 2 jobs created in your initial leave for a further 12 months, or
Create 2 more jobs which exist for 12 months, if the 2 jobs created during your initial period of leave have ceased to exist.
The Home Office will assess the employment activity from the extension period of leave.
If you are applying for a second extension or 5 year settlement application:
Tier 1 (Entrepreneur) Policy Guidance – version 0 7 /2018 – Page 29
• You can only score points for employment activity from your most recent extension period of leave.
• You cannot claim points for any employment activity from your initial period of leave (as this can only be used to score points for your first extension application).
Pre 6 April 2014 transitional arrangement- job creation
If you successfully applied to enter and have continually remained in the route since before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation for):
• 1 worker for 24 months
• 1 worker for 6 months and one for 18 months
• 4 workers for 6 months each
Please note: This transitional arrangement will come to an end on 6 April 2019. If you intend to make an extension or settlement application on or after 6 April 2019, you will not be able to rely on this transitional arrangement.
