ILR Application - tier 1 accelerated route

[Cam12]

Good evening

I have 3 VERY IMPORTANT questions and would very appreciate if someone could give an approved reply.

I'm was opened Tier1 Entrepreneur visa on September 2018, and planning to apply for an accelerated route on December 2021. My questions are:

1) 4 out of 10 of these full-time employees are EU citizens but they have PRE-Settled status in the UK at the moment(NOT settled). Would it create any issues for my accelerated application?

2) If 5 out 10 of these full-time employees apart from working for me(30 hours per week) also do another job in different company(particularly 2 of them are sole directors in their own limited companies and 3 are working as an employee in a different company as well-35 hours per week). In the employment agreements, I didn't put any restriction for the employees to work for any other company besides in my own one if they wish. They also explain it with the fact that they work 30 hours for me and still have(as well as on weekend days) to work for another company. My question is: while reviewing my application would HO consider this fact as confusing assuming the fact that HO will obviously see two jobs(two different tax codes) for my 4 employees in case if they request tax code information from HMRC.

3) If (during next 12 months while my 10 employees work in the company) the company doesn't make enough profit to cover all salary amounts and not reaching even the breakeven point. In fact, I'm planning to invest more and more money in order to cover all salaries, rents, taxes etc. Would this be considered as illogical or confusing for HO, thereby increasing chances to get refused? Or HO generally doesnt concentrate whether the business is in loss or not.

Assuming all these nuances above would you generally recommend to RISK and still apply for the accelerated route or would you rather recommend not to risk and go for normal extension and dont risk with visa...

Sorry if I ask many questions...I would really appreciate your reply and any advice on this!:)
Best Wishes to All of You!

[zimba]

1. Under Tier 1E immigration rules, all EEA citizens have always been considered 'settled' workers for the grant of points towards any job creation. DO NOT confuse this definition with the actual definition of a 'settled person' under the law. The legal definition of a settled person in the UK who was granted such status under EEA regulations (permanent residency PR) or the recent EU settlement scheme (ILR granted under Appendix EU) is not relevant in the context of Tier 1E visa rules. This is clear in the Tier 1E guide and the immigration rules.

This simply means as long as your employee is an EEA citizen, you can claim points for hiring them, whether they have been legally granted the UK settled status or not.

2. Your workers can have multiple jobs, there are no restrictions. Also, UKVI may investigate any claim you make. It is up to them to determine your claims regarding job creation are genuine or not.

3. There has never been a requirement that a business must be in profit.

[Cam12]

1. Under Tier 1E immigration rules, all EEA citizens have always been considered 'settled' workers for the grant of points towards any job creation. DO NOT confuse this definition with the actual definition of a 'settled person' under the law. The legal definition of a settled person in the UK who was granted such status under EEA regulations (permanent residency PR) or the recent EU settlement scheme (ILR granted under Appendix EU) is not relevant in the context of Tier 1E visa rules. This is clear in the Tier 1E guide and the immigration rules.

This simply means as long as your employee is an EEA citizen, you can claim points for hiring them, whether they have been legally granted the UK settled status or not.

2. Your workers can have multiple jobs, there are no restrictions. Also, UKVI may investigate any claim you make. It is up to them to determine your claims regarding job creation are genuine or not.

3. There has never been a requirement that a business must be in profit.

Thank you very much for Your reply Zimba!

But I still didn't quite understand one point:

1) If I will hire an EU citizen(Romania citizen) who according to provided by him documents currently has only pre-settled status(NOT settled) - is he suitable for my Tier1 accelerated application as one of the 10 hired people if as an EU citizen he has a PRE-SETTLED status but NOT settled.

2) How about when Brexit will start taking place after December 2020? Will he still be considered suitable for my Tier1 accelerated application as an EU citizen but with Pre-settled status? Will I have to redundant and replace him with someone new after December?

I appreciate Your answer and time !!!

[zimba]

I was very very clear that the legal settled status as per UK laws is NOT the same definition as of a 'settled worker' under the Tier 1E rules.

Under the Tier 1E rules currently, all EEA citizens (regardless of their legal pre settled/settled status) will be considered 'settled workers' and NO changes have so far been announced

[Cam12]

Thank you very much, Zimba!
Bless you