28 Jun What are the requirements of the job creation?
The Tier 1 (Entrepreneur) visa scheme is for individuals who would like to set up or invest in an established business in the UK. If a migrant has already been granted a Tier 1 (Entrepreneur) visa, he/she will be able to apply for an extension until 5 April 2023 and Indefinite Leave to Remain (ILR) until 5 April 2025.
The Tier 1 Entrepreneur route is for those Non-EEA migrants who will bring investment and benefit the UK economy as well as create sustainable jobs, not only for themselves, but also for workers settled in the UK. Under paragraph 49 of Appendix A of the Immigration Rules, the applicant has to satisfy the job creation requirements in order to extend his/her stay or settle under the Tier 1 (Entrepreneur) visa category.
All the following rules and definitions apply to the extension and settlement job creation requirements:
(a) A full time job is one involving at least 30 hours of paid work per week；
(b) “The equivalent of” a full time job means two or more part time jobs that add up to 30 hours per week, if each of the jobs existed for the same 12 months period. However, one full time job of 30 hours or more per week, will not count as more than a single full time job;
(c) A job may count even if it does not last 12 consecutive months (for example it lasts for 6 months in one year and 6 months in the following year) provided that it is the same job role;
(d) The jobs need not exist on the date of application, provided that they existed for at least 12 months as specified in Table 5 (row 4) for all extension and Table 6 (row 3) for settlement;
(e) Different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month job;
(f) If jobs are being combined the employees being relied upon must be clearly identified by the applicant in their application;
(g) The jobs must comply with all relevant UK legislation including, but not limited to, the National Minimum Wage Regulations.
What are the specified supporting documents for the job creation?
Under paragraph 50 of Appendix A, the supporting documents for the job creation include but are not limited to the following:
- Printouts of Real Time Full Payment Submissions to show every payment made to each settled worker as well as any deductions;
- Duplicate payslips or wage slips for each settled worker;
- Confirmation of the employment start date, job title, job description, hours paid per pay period and the hourly rate for each settled worker;
- Copies of any of documents which demonstrate that each employee has settled status in the UK, or is British or an EEA national;
- The migrant has to provide the filling history page and the applicant’s personal appointments history;
- If the migrant took over or joined a business, they must provide a signed and dated letter from an accountant.
For more detailed information in relation to the Tier 1 (Entrepreneur) visa extension or ILR application, please do not hesitate to contact us.
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