Entrepreneur Visa: employment while visa under process

[Digitalmarketinguk]

Hi there,

I have a question regarding the employment requirements of Entrepreneur Visa.
I have applied for the extension in July and waiting for the outcome as it has been 6 moths that my visa is in the process. Will my employees be considered for the time when my visa is under consideration with HO.
Plus, When you receive new visa, will you have visa start dates from the date of issue or it will be considered the day after your first visa was expired. And what about the business activity during the time of processing as I'm paying tax, business is doing normal activity etc.
Thanks in advance for your help.

[CR001]

I cannot answer your first question but will answer the others.

Plus, When you receive new visa, will you have visa start dates from the date of issue or it will be considered the day after your first visa was expired.

Your new visa, if granted, will be dated from date of decision. It is NOT dated from the day after your last visa expired.

And what about the business activity during the time of processing as I'm paying tax, business is doing normal activity etc.

If you applied for your extension before your last visa expiry, your visa conditions continue and you are covered by Section 3C of the immigration rules.

[marcnath]

I have applied for the extension in July and waiting for the outcome as it has been 6 moths that my visa is in the process. Will my employees be considered for the time when my visa is under consideration with HO.

Considered for what ?
I assume you have already met the job creation requirements at the time you applied for extension. You will get the points for the Job Creation attribute in that case.
Having more than the required 104 weeks does not get you additional points.

[Digitalmarketinguk]

Thanks for your reply.
Ive applied in July'17 for extension and created 2 jobs. So my concern was that since july Ive maintained these 2 jobs, would I be able to count these 6 to 8 months towards the employment for the rest of two years or HO wants me to count it after they will issue the visa. And skip these 6-8 months. I interpreted from the guidance that you cannot claim creation of two jobs from the period of first visa (first 3 yrs) it has to be from the second period of extension (4 &5th yrs).

[marcnath]

Thanks for your reply.
Ive applied in July'17 for extension and created 2 jobs. So my concern was that since july Ive maintained these 2 jobs, would I be able to count these 6 to 8 months towards the employment for the rest of two years or HO wants me to count it after they will issue the visa. And skip these 6-8 months. I interpreted from the guidance that you cannot claim creation of two jobs from the period of first visa (first 3 yrs) it has to be from the second period of extension (4 &5th yrs).

You are correct. For your ILR, the jobs would need to be created in the extension period.
Assuming you got your initial visa sometime in Mar/Apr '14, you will only be eligible for ILR in '19, so plenty of time to meet the job creation requirement in the extension period.
But I am curious. Are you saying your business does not need these two employees ?

[Digitalmarketinguk]

Hi thanks for the clarification.
I've seen the wait time for some guys on IB is extortionate and if this the case for me as well, I just want to make sure how equipped I'm for that. I took 4 apprentices few months ago along with these 2 employees and now these apprentices would be ready to become FT employees soon. But due to Brexit one of the employee is leaving and I'm having a gap between these new employees joining date and previous employee's leaving date. If change apprentices into employee they will loss their Google Certification so they are not willing to become FT and can wait few more month. So the question was, if one previous employee leaves and new employee joins and their is a gap while my application is in process what could be the effect on my visa.

[marcnath]

Hi thanks for the clarification.
I've seen the wait time for some guys on IB is extortionate and if this the case for me as well, I just want to make sure how equipped I'm for that. I took 4 apprentices few months ago along with these 2 employees and now these apprentices would be ready to become FT employees soon. But due to Brexit one of the employee is leaving and I'm having a gap between these new employees joining date and previous employee's leaving date. If change apprentices into employee they will loss their Google Certification so they are not willing to become FT and can wait few more month. So the question was, if one previous employee leaves and new employee joins and their is a gap while my application is in process what could be the effect on my visa.

There are no implications if your employees change, increase or decrease at any time. If you have already met the requirements for the Job Creation, then you will get the points for that.
If you are interviewed, you may be asked about employee changes. But if you have good reasons (as you seem to have) and confidently answer any questions, there is no reason why HO should suspect that you are genuine.

[bizman]

I think your concern is if the present employment will cover for the extension period of two jobs before ILR. I will advise you run your business as normal since you are covered right now by the article 3c of immigration rule.However, ensure you get 2 employees and keep their records as expected for minimum 12 months within the extension period leading to ILR.