teddybear79 wrote: ↑Sat Apr 20, 2019 7:18 pm
can't find it , can you please help me with it
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:
(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.
Tier 1 (Entrepreneur) Policy Guidance – version 0 3 /2019 – Page 28
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.
(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 following table 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:
• 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).
Tier 1 (Entrepreneur) Policy Guidance – version 0 3 /2019 – Page 29
Job creation: specified documents
If you need to score points for job creation you must provide all the following specified documents:
(a) Printouts of Real Time-Full Payment Submissions showing you are complying with Pay As
You Earn (PAYE) reporting requirements to HM Revenue & Customs, in respect of each
relevant settled worker as legally required, and have done so for the full period of employment
used to claim points. These must show every payment made to each settled worker as well as
any deductions.
(b) Duplicate payslips or wage slips for each settled worker used to claim points, covering the
full period or periods of the employment for which points are being claimed.
(
c) Confirmation of the employment start date, job title, job description, hours paid per pay
period and the hourly rate for each settled worker relied upon to claim points, including any
changes in the hours worked per pay period or the hourly rate and the dates of those changes.
(d) Copies of any of the following documents which demonstrate that each employee has settled
status in the UK:
(i) the biometric data page of a British or EEA passport showing the photograph and
personal details of the employee;
(ii) a birth certificate, showing the employee was born in the UK and Colonies before 1
January 1983;
(iii) if the employee was born in the UK on or after 1 January 1983, a birth certificate,
together with documentation, such as a passport or naturalisation certificate, which confirms
one of their parents had settled status in the UK when the employee was born, and
additionally, if the parent is the employee’s father, a marriage certificate to the mother;
(iv) if the employee is an EEA national, a UK registration certificate/permanent residence
document;
(v) if the employee is the spouse of an EEA national, the biometric data page of their
passport, showing their photograph and personal details, or a residence card, and any of
the documents in (i) or (iv) above which relate to the EEA national, together with their
marriage certificate to the EEA national; or
(vi) If the worker is an overseas national with settled status in the UK, the biometric data
page of their passport containing their photograph and personal details, and the pages
where a UK Government stamp or an endorsement appear, or a biometrics residence
permit, or official documentation from the Home Office which confirms their settled status in
the UK.
(e) If you were self employed at the time a settled worker was employed by your business, you
must provide evidence of your registration with HM Revenue and Customs showing your
business was based in the UK and a personal bank statement showing all the payments made
to the settled worker in the full period of employment used to claim points. You should use the
Tier 1 (Entrepreneur) Policy Guidance – version 0 3 /2019 – Page 30
same documents that you had to supply to demonstrate that you established, joined or
engaged in business in the UK.
(f) If you were a director of a UK company or member of a UK partnership at the time the settled
worker was employed by your business, a printout from Companies House of the company’s
filing history page and of your personal appointments history, showing this.
(g) If you took over or joined a business, you must provide a signed and dated letter from an
accountant, showing:
(i) the name and contact details of the business,
(ii) your status in the business,
(iii) the number of jobs created in the business and the hours paid in each of the jobs,
(iv) the start dates and end dates (where applicable) of the jobs you are relying on to claim
points,
(v) the registration or permission of the accountant to operate in the UK,
(vi) the date that the accountant created the letter on your behalf,
(vii) if the business did not employ workers before you took over or joined it, confirmation of
this, and
(viii) confirmation that the accountant will verify the contents of the letter to the Home Office
on request.
This requirement applies regardless of how long the business existed before you took over or
joined it.
(h) if the business in (g) employed workers before you took over or joined it, you must also
provide the following documents for the year immediately before you joined the business and
the years that the jobs were created, showing the net increase in employment and signed and
dated by you:
(i) duplicate Full Payment Submission sent under Real Time to HM Revenue & Customs, or
(ii) if the business started employing settled workers before reporting under Real Time, a
form P35.
