Job Creation for ILR for Tier 1 Entrepreneur visa

[agnesmary]

Hi all,
I’m a newbie to this forum. Appreciate your output on the matter below.

I’m currently applying for ILR (5 year settlement application) under the Tier 1 Entrepreneur visa.
I applied to enter the route before 6 April 2014 – which means I’m eligible for the Pre 6 April 2014 transitional arrangement.
During my first extension, I completed 24 months of employment by hiring 3 employees – 2 Marketing Executive and 1 Admin Executive.
Question : Am I allowed to change the jobs for ILR application?
For example : 2 Marketing Executive and 1 Admin Executive (hired during 1st extension) change to 1 Marketing Executive and 2 Web Designers (for ILR application)?

Question 2 : Will changing job titles affect my ILR application?

Many thanks.

[marcnath]

Hi all,
I’m a newbie to this forum. Appreciate your output on the matter below.

I’m currently applying for ILR (5 year settlement application) under the Tier 1 Entrepreneur visa.
I applied to enter the route before 6 April 2014 – which means I’m eligible for the Pre 6 April 2014 transitional arrangement.
During my first extension, I completed 24 months of employment by hiring 3 employees – 2 Marketing Executive and 1 Admin Executive.
Quiestion : Am I allowed to change the jobs for ILR application?
For example : 2 Marketing Executive and 1 Admin Executive (hired during 1st extension) change to 1 Marketing Executive and 2 Web Designers (for ILR application)?

Many thanks.

Yes, you are allowed to change. All you need is 104 weeks of FT employment during your extension period.

[agnesmary]

Is it safe to assume that changing job titles will have no negative implications on my ILR application?

104 weeks of full-time employment = 24 months employment right?

[marcnath]

Is it safe to assume that changing job titles will have no negative implications on my ILR application?

104 weeks of full-time employment = 24 months employment right?

Correct - no impact on job titles.
24 months is two years = 52 weeks X 2 = 100 weeks.
Weeks is the safest calculation.

[agnesmary]

Many thanks for your advice, Marcnath

Evidence that the employee is a settled worker
Question 1 :Can I hire an EEA national by submitting her Certificate of Naturalisation as a British citizen as evidence of a settled worker?
Question 2 : Based on the Tier 1 Entrepreneur visa guidelines, an EEA national can also provide a UK
registration certificate/permanent residence document as evidence of a settled worker.
Is it acceptable for me to provide her UK registration certificate/permanent residence document AND her Certificate of Naturalisation as evidence for my ILR application?

[marcnath]

Many thanks for your advice, Marcnath

Evidence that the employee is a settled worker
Question 1 :Can I hire an EEA national by submitting her Certificate of Naturalisation as a British citizen as evidence of a settled worker?

Submitting to whom ?

Question 2 : Based on the Tier 1 Entrepreneur visa guidelines, an EEA national can also provide a UK registration certificate/permanent residence document as evidence of a settled worker.
Is it acceptable for me to provide her UK registration certificate/permanent residence document AND her Certificate of Naturalisation as evidence for my ILR application?

I find it strange, but it appears a Certificate of Naturalisation is not in the list of acceptable documents.
The UK registration certificate/permanent residence document on its own is an acceptable document.

[agnesmary]

Correct! The Certificate of Naturalisation is not one of the evidence documents for settled workers, based on the Tier 1 Entrepreneur guidelines.

However, referring to UK Visas & Immigration Employers Guide to Right To Work Checks, a certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer falls under lists of acceptable documents (page 26 on the link below)

Below is the website : https://www.gov.uk/government/uploads/s ... checks.pdf

I'm so confused

[marcnath]

Correct! The Certificate of Naturalisation is not one of the evidence documents for settled workers, based on the Tier 1 Entrepreneur guidelines.

However, referring to UK Visas & Immigration Employers Guide to Right To Work Checks, a certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer falls under lists of acceptable documents (page 26 on the link below)

Below is the website : https://www.gov.uk/government/uploads/s ... checks.pdf

I'm so confused

Don't get confused. While UKVI does require you to satisfy the Right to Work check, the evidence they need is separate.
You are ok as you seem to have the UK registration certificate/permanent residence document, which is ok on its own.

[agnesmary]

Thank you for the clarification, Marcnath. You've been a great help.

[agnesmary]

Another question for job creation for ILR.

Based on SET(O) Form, it is clearly stated that part time jobs can be combined to make 1 full-time post with the condition that these part time jobs must have existed for 12 months.

I'm on transitional arrangement and don't think the requirement above applies to me. Or does it?
I have a part time employee who clocks in 60 hours in May and 60 hours in June. Am I right to conclude the employment of this employee equates to 1 full time post?

Many thanks in advance.

[marcnath]

Another question for job creation for ILR.

Based on SET(O) Form, it is clearly stated that part time jobs can be combined to make 1 full-time post with the condition that these part time jobs must have existed for 12 months.

I'm on transitional arrangement and don't think the requirement above applies to me. Or does it?
I have a part time employee who clocks in 60 hours in May and 60 hours in June. Am I right to conclude the employment of this employee equates to 1 full time post?

Many thanks in advance.

'

You are right, that requirement does not apply to the transitional arrangement.
However, I am cautious about saying 120 hrs equates to 1 month FT. It is only 4 weeks full time and you need a total of 104 FT weeks equivalent.

[agnesmary]

Thank you for your input, Marcnath

How do I then fill up Table C7 (on page 46 of the Set(O) Form) for part-time employee with regards to the Start Date & End Date?

What's the difference between Start Date with your business and Start Date in Job?

[marcnath]

Thank you for your input, Marcnath

How do I then fill up Table C7 (on page 46 of the Set(O) Form) for part-time employee with regards to the Start Date & End Date?

What's the difference between Start Date with your business and Start Date in Job?

It is almost always the same. But if your employee changed jobs in the company from being and Admin Manager to Marketing Manager, then of course these two dates will be different

[agnesmary]

Your explanation makes sense, Marcnath. Thank you.

I had maintain an employee from May 2015 till May 2016.
My first extension was granted on 15th December 2015.
I understand the ILR for job creation commenced from 15th December 2015 onwards.

Question 1:
What's the Start Date with your Business for this employee? May 2015?
Question 2:
What's the Start Date in the Job? Is it 15th December onwards?

[marcnath]

Your explanation makes sense, Marcnath. Thank you.

I had maintain an employee from May 2015 till May 2016.
My first extension was granted on 15th December 2015.
I understand the ILR for job creation commenced from 15th December 2015 onwards.

Question 1:
What's the Start Date with your Business for this employee? May 2015?
Question 2:
What's the Start Date in the Job? Is it 15th December onwards?

If the person has not changed Job in Dec, then the start date in Business and Job will be the same - May 2015.
But you will only include payslips/FPS from Dec 2015 onwards (not forgetting to still include the one FPS from May to show the start date)

[agnesmary]

Thank you Marcnath for your valuable advice. You're my savior!

[agnesmary]

Hello moderators,

Appreciate if someone could give me some insights on how to answer Section 5 in SET(O) form - Your Home And Finances, page 17. The question is as follows:
Question 5.3 Are you working in the UK? To tick either Yes or No
If so, what is your pay each month after income tax and other deductions?

I am a Director, running my own business and I have not taken any salaries till now.
How do I go about answering the questions above?

[agnesmary]

Hi respected members,

Can someone please advice me on my query above? Much appreciated

[zimba]

The question is clear and the answer to it is clear too. If you are not on the payroll, then you are not employed

[agnesmary]

Thank you Zimba88 for your swift reply.

Just another question with regards to employment criteria for ILR - Tier 1 Entrepreneur.
I understand from the Policy Guidelines that UKVI requires a British passport (for British citizen) and EEA passport or UK registration certificate/permanent residence document (for EEA citizens) as evidence for the employment of settled workers.

What evidence should I submit to UKVI if the employee has dual citizenship (EEA and British)?
This employee has a UK registration certificate/permanent residence document and Certificate of Naturalisation as a British citizen, but NOT a British passport. .

Any feedback is much appreciated.

[zimba]

Any document that is accepted under the rules. This should be obvious

[agnesmary]

Dear respected members,

For ILR application, I understand I need to provide printouts of Real Time Full Payment Submissions for each settled employees. The RTI Full Payment Submissions must show total earnings for each month, income tax deductions and start date of employment of each employee.

I received 2 documents from my payroll provider every month:
(1) Employees FPS - showing total earnings, income tax deductions, NI deductions
(2) RTI Employee Data - showing employees name, NI number, start date of employment, leave date, tax code etc.

I'm aware FPS format varies based on the payroll software used. However I need to be certain whether the 2 documents stated above are acceptable as evidence for job creation

Many thanks.

[agnesmary]

Hello everyone,

My payroll provider is unable to generate FPS with employee start date and leave date.
The employee start dates and leave dates are only available in the RTI Employee Data document.

(A) Should I submit both the FPS + RTI Employee Data documents received from my payroll provider as evidence OR
(B) Should I re-create the FPS with Start/Leave dates in excel format and submit them as evidence OR
(C) Should I submit both (A) + (B) to show no information was fabricated?

Any advice would be much appreciated.

[zimba]

Please submit ALL the RTI information regarding your payroll showing the start/leaving dates.

[agnesmary]

Hello everyone,
I have 2 companies – ABC Ltd & XYZ Ltd.
Employee 1 was employed under ABC Ltd for 8 months and was later employed under XYZ Ltd for the next 4 months. Employee 2 and Employee 3 joined XYZ Ltd from the start of their employment for 6 months and 8 months respectively.
I’m applying for ILR under transitional arrangement for both companies. I understand I will have to meet 104 weeks of full time employment.
My question is will Employee 1 meet the employment criteria even though he works for 2 different companies?
Any feedback will be much appreciated.