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Tier 1 to ILR Job Creation Query & IR35 Rules

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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kom
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Posts: 82
Joined: Thu Mar 23, 2017 11:00 am

Tier 1 to ILR Job Creation Query & IR35 Rules

Post by kom » Fri Mar 26, 2021 5:14 pm

Dear Moderator,

I have my Tier 1 Extension done last year. I will be applying for Tier1 Entrepreneur to Indefinite next year.
I have query regarding job Creation.

1. Do i need to create again 2 Full time jobs for 12 months?
2. Can i use 1 part time job for 2 years and make one Full time role?
3. What are the other requirement for Tier1 Entrepreneur to Indefinite?

I also have question regarding IR35 Rules which will be applying from April2021. One of my contract will fall under IR35. As a Entrepreneur visa holder is that allowed? Is that OK or i can't work under IR35 Rules?

Waiting for reply.
Thanks in Advance.

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zimba
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Re: Tier 1 to ILR Job Creation Query & IR35 Rules

Post by zimba » Sat Mar 27, 2021 2:22 am

1. Yes
2. The rules only mention two part-time roles being combined
3. Read the official guide: https://assets.publishing.service.gov.u ... -_v.25.pdf

All IR35 contracts are 'contracts of service' and you are NOT allowed to have such contracts under Tier 1E rules as they are all considered the same as employment. After April, you could even end up on someone's Payroll if contracting under IR35
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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