ILR - TIER 1 ENTREPRENEUR - JOB CREATION QUERY

[danu2311]

Hello all,

I am on tier 1 entrepreneur extension visa and applying for ILR on 5 year stay basis. I am stuck at a point in application relating to job creation. During my extension application, I had shown two new full time jobs which I had created during that time and was granted leave. Now that business has ceased to exist and later I had taken over existing business which already employed settled workers before I joined it and have been maintaining them since. Can I show these existing jobs to claim points.
Also if I answer YES to the below question in application, further documents are required which I am not sure how to provide.
"further information is required if you have joined or taken over an existing business which employed settled workers before you joined it. Confirm if your business employed workers before you joined it"
The additional documents being asked in relation to above question are:
1) a duplicate HMRC FPS for the year before the jobs were created and the year that the jobs were created and signed by the applicant.
2)if the business started employing staff for which points are being claimed before they were reporting under real time, a form P35.
3)if you have joined an existing business you must supply an accountant's letter to confirm the job creation.

Please advice on how to proceed regarding above documents. Am i eligible to claim points under job creation.Kindly help. Thanks in advance.

[danu2311]

not sure if my post is visible to others.

[CR001]

not sure if my post is visible to others.

They are, not sure why you believe they are not. You did post your first ILR query post at 12:41am this morning, when most of us are sleeping!!! The forum isn't a 24 hour on demand service. You will get a response when someone is willing and online to respond to you.

[danu2311]

not sure if my post is visible to others.

They are, not sure why you believe they are not. You did post your first ILR query post at 12:41am this morning, when most of us are sleeping!!! The forum isn't a 24 hour on demand service. You will get a response when someone is willing and online to respond to you.

sorry i thought so as I could not find the post which i submitted initially I got it now. thanks!

[aman90]

I’m quite sure you need to create 2 new jobs when you join an existing business ie you can’t rely on existing jobs.. read the guidance.

[danu2311]

Thankyou Amanji for your response.
But in the application they have to asked to show additional information if the jobs are already existing. So was assuming its ok to show them provided we show th required additional documents.

[aman90]

Thankyou Amanji for your response.
But in the application they have to asked to show additional information if the jobs are already existing. So was assuming its ok to show them provided we show th required additional documents.

That is possible as you must prove that you have indeed increased the jobs in the existing business by either FPS or accountants letter.
So if there were two before you took over then the increase must total to 4.
Do not rely on the form as the guidance is clear on job creation.

[danu2311]

Thankyou Amanji for your response.
But in the application they have to asked to show additional information if the jobs are already existing. So was assuming its ok to show them provided we show th required additional documents.

That is possible as you must prove that you have indeed increased the jobs in the existing business by either FPS or accountants letter.
So if there were two before you took over then the increase must total to 4.
Do not rely on the form as the guidance is clear on job creation.

Ok i got to understand now. Thanks. Could you please advise on how to answer the question in the online form mentioned in my main query above regarding bussiness employing settled workers before joining.

[aman90]

Well.. the answer would be Yes as it’s a fact.
But I’m perplexed. How do consider ur self fulfilling the job creation rule?

[danu2311]

Well.. the answer would be Yes as it’s a fact.
But I’m perplexed. How do consider ur self fulfilling the job creation rule?

actually i have employed few staff but they were parttime and on ilr from sept last year to this oct and only one full time so thinking to show them now as cannot show already existing jobs. So can i add two part time jobs to make one full time and hoping ilr status means settled worker.

[danu2311]

Well.. the answer would be Yes as it’s a fact.
But I’m perplexed. How do consider ur self fulfilling the job creation rule?

OK once answered YES, got a query on how to provide duplicate HMRC FPS for the year before the jobs were created. What does it mean? kindly advice.

[aman90]

1) a duplicate HMRC FPS for the year before the jobs were created and the year that the jobs were created and signed by the applicant.

A years worth of FPS before you created the new jobs and years worth of FPS from the time the new jobs were created.
You should speak to the company’s accountant.

[danu2311]

1) a duplicate HMRC FPS for the year before the jobs were created and the year that the jobs were created and signed by the applicant.

A years worth of FPS before you created the new jobs and years worth of FPS from the time the new jobs were created.
You should speak to the company’s accountant.

Ok thanks will find out with the accountant again as wasnt sure how to access their records as it is before me taking over business.

Also can ILR person be qualified as a settled person to show for job creation

[danu2311]

1) a duplicate HMRC FPS for the year before the jobs were created and the year that the jobs were created and signed by the applicant.

A years worth of FPS before you created the new jobs and years worth of FPS from the time the new jobs were created.
You should speak to the company’s accountant.

Ok thanks will find out with the accountant again as wasnt sure how to access their records as it is before me taking over business as I have many employees working by the time I took over as I have 5 businesses.

Also can ILR person be qualified as a settled person to show for job creation

[aman90]

Ur accountant should be able to help out. You can also request the previous accountant. Be persistent but polite.
Yes. Of course. ILR is settlement.

[danu2311]

Ur accountant should be able to help out. You can also request the previous accountant. Be persistent but polite.
Yes. Of course. ILR is settlement.

Thanks a lot for your help and prompt replies.

[danu2311]

Ur accountant should be able to help out. You can also request the previous accountant. Be persistent but polite.
Yes. Of course. ILR is settlement.

Thanks a lot for your help and prompt replies.

One more query: Planning to show job creation from oct 2018 to jan 2019 and again from march 2019 to nov 2019. Can I leave a gap in middle or should it be 12 consecutive months. I have to leave gap as One employee did not work full time for that month.

[aman90]

It’s fine.

[danu2311]

One more query. Is a person with brp as “spouse/partner leave to remain” considered as a settled person and could I show him for employment purposes.
Thanks in advance

[CR001]

One more query. Is a person with brp as “spouse/partner leave to remain” considered as a settled person and could I show him for employment purposes.
Thanks in advance

No they are not settled as they don't hold ILR. They only hold a 2.5 year spouse visa.

[danu2311]

Thankyou for your reply.
Sorry one more query. Actually I have already submitted my online application and paid fee but have not given my biometrics. How could I withdraw the application now and do the changes. Please help.
Thanks in advance

[aman90]

What is the nature of the mistake?
You can always provide additional information.
State in a cover letter what changes you wish to make. For example, change of Job details,is not a reason worth withdrawing for.

[danu2311]

Ya its actually the job details which I have to change. Have to change the employee details. But how could I do it now. I have the downloaded the submitted onlineapplication form. Can I print it out and do the changes manually along with a cover letter. But then how could I upload it. Can i do in the mandatory documents list. Would the case worker consider it.
Thanks in advance

[aman90]

Ya its actually the job details which I have to change. Have to change the employee details. But how could I do it now. I have the downloaded the submitted onlineapplication form. Can I print it out and do the changes manually along with a cover letter. But then how could I upload it. Can i do in the mandatory documents list. Would the case worker consider it.
Thanks in advance

Of course they consider additional information or amendments.
They aren’t monsters that they want you to fail.

Since you’ve not enrolled biometrics, you are in a good position to make any changes, add/subtract any evidence and make any amendments.

Write a cover note and upload with corresponding evidence.
Job table should suffice. That’s what ur amending.
Add payslips, FPS with rest of documents
Do not exclude any current evidence( the employee you deem is not fit to be assessed).

[danu2311]

Ok thankyou will add cover note with edited employee details. Sorry did not get your last sentence about not excluding current evidence.