Job creation under the Tier 1 Entrepreneur scheme – new rules

Following the recent changes to the Tier 1 Entrepreneur scheme with regards to the restriction on the ability to switch from Tier 4 (Student) or Tier 1 (Post Study Work) visa categories, in August 2014 the Home Office has introduced further changes, and this time in connection with the creation of jobs.

The Tier 1 Entrepreneur visa category allows migrants to enter the UK with the purpose of setting up a new business, join or take over an existing business. As part of the Immigration Rules, an applicant has to create a minimum of two positions for British or European citizens or settled workers in order to extend their leave and eventually obtain a “Settled” status in the UK.

According to the old Rules, each position had to be created for at least 12 months with no limitation on the number of people employed. Thus, the migrant could hire one full-time person (30 hours per week) for a 24 months period and, as a result, meet the requirements.

In August 2014, the Home Office introduced the new Rules, according to which a Tier 1 Entrepreneur migrant must create the jobs for at least two people who are settled in the UK and those jobs must have existed for at least 12 months each. These changes also apply retroactively to applicants whose Tier 1 Entrepreneur visa was approved after 6 April 2014.

If you are planning to apply for an entry clearance as an Entrepreneur or making an extension application in-country and you are concerned about the recent changes, please do not hesitate to contact us on +44 20 3384 3075 or via email  [email protected]

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.

We remain open for business and can arrange meetings by phone call or video conferencing to advise and assist with any UK immigration matters.
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