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Job creation

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

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faheemy
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Job creation

Post by faheemy » Sun Jun 06, 2021 3:18 pm

Hi Gurus,

I am applying for my TIER 1 Entrepreneur ILR on 5 year basis:
I have created more than 2 employments in my 2 businesses (9 employees altogether including part time); My question is that do i need to provide details and documents for my all 9 employees or just 2 full time Employees ?
Although i can provide its not an issue but don't want to send any unnecessary additional documents.

Thanks

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zimba
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Re: Job creation

Post by zimba » Sun Jun 06, 2021 4:19 pm

No. Only provide details of the people you are claiming points for
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

faheemy
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Re: Job creation

Post by faheemy » Sun Jun 06, 2021 5:56 pm

Thanks for your response Zimba,

Need to know few more things that I have been granted Tier 1 Entrepreneur Team Visa; Our team still exist but other team member has applied ILR on 10 Year basis and been granted visa last year;
1)Can i still apply on the basis of Entrepreneur team ?

We setup 2 businesses together one is new business setup in 2015 which (both are 50% shareholders & director) and other was taken over by us in 2016(both are 50% shareholders & director); The business which took over by my team member was first director and later after 6 months i have been director and share holder in that business too.

2)My question is, only i am applying on TIER 1 ILR route, will i still be able to use the employment for the job creation points.
Secondly do i still need to answer in the form "Yes" and provide the following documents
(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(es) employed workers before you joined it.) Although these information and documents provided in the previous extension.

Please note the employee and the job before joining the business is still employed but i am not claiming his employment point; do i still need to provide further information again.

Thanks.

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zimba
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Re: Job creation

Post by zimba » Sun Jun 06, 2021 11:32 pm

1) Your applications are separate. You simply can share evidence of job creation and investment. That is all.
2) Do you want to rely on the employment from the business you took over ? Then yes you must provide extra evidence
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

faheemy
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Re: Job creation

Post by faheemy » Tue Jun 08, 2021 5:00 pm

Thanks Zimba,

Yes i have to rely on 1 employee from the business i took over not the previous employee(when took over) which is still working but the job and employee both are new and on full time since 2019.

The business which was formed new has also one full time employee when combining 2 part employees as one employee was leaving in March then i have a new recruit in Feb for his succession; So in Feb, March and April there were 3 employees in the same Job and from May 2 employees again (more than 30 hrs); My question is can i combine 3 employees for 1 job for 2 months?

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zimba
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Re: Job creation

Post by zimba » Wed Jun 09, 2021 2:32 am

When you take over a business you can only claim points if you can only claim the net increase in the total jobs. So if the business had ONE job when you took over then you must demonstrate that the business at some point had THREE jobs or more after you took over, maintained for at least 12 months. So you cannot rely on jobs already in a business to score points.

As far as I know, you can only combine part-time jobs together if they were maintained for 12 months each (However there seems to be a COVID concession that may not need the 12 months)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

faheemy
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Re: Job creation

Post by faheemy » Wed Jun 09, 2021 4:05 pm

Hi Zimba,

Thanks for your reply;

When you take over a business you can only claim points if you can only claim the net increase in the total jobs. So if the business had ONE job when you took over then you must demonstrate that the business at some point had THREE jobs or more after you took over, maintained for at least 12 months. So you cannot rely on jobs already in a business to score points.
As i have already demonstrated in my previous extension application regarding the net increase of the job; Do i steel need to demonstrate again for my ILR application?

As far as I know, you can only combine part-time jobs together if they were maintained for 12 months each (However there seems to be a COVID concession that may not need the 12 months)
Yes both the part time employees were on the same job since the company formed i.e since 2016 but unfortunately one left us in April and for his replacement we have to add one more employee since Feb 2021; Hopefully there shouldn't be an issue with his this although new employee is not completed 12 month period but job maintained since 2016

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zimba
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Re: Job creation

Post by zimba » Thu Jun 10, 2021 1:43 am

Job creation criteria are the same as the extension.
Job creation is not simply about employees. It is about a position that should have existed for 12 months and filled by employees (not necessarily continuously)
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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