The Home Office’s rules relating to the Tier 1 Entrepreneur job creation requirement are particularly onerous and complex.
Here we consider the job creation requirement by looking at some of the questions our experts are asked to advise on most frequently. This information relates to applicants who joined the scheme after 6 April 2014 and who are making a first extension application.
How many workers and for how long?
When applying for an extension, in order to meet the Tier 1 Entrepreneur job creation requirement, applicants must have employed a minimum of two settled workers in two separate jobs for a minimum of 12 months.
What if the worker or the job changes?
For the purposes of the Tier 1 Entrepreneur job creation requirement, workers can be replaced but the job itself must not change. If there is a gap between the old worker leaving and the new one joining, the gap cannot be counted towards the 12 months.
Is part-time work permitted?
Yes. The hours of workers in two part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the two part-time jobs exist for at least 12 months.
How many hours are considered to amount to a full-time job?
In the context of the Tier 1 Entrepreneur job creation requirement, the Home Office’s position is that a full-time job is at least 30 hours a week or 120 hours a month.
Does the Home Office specify the evidence that must be provided?
Yes. The Immigration Rules for Tier 1 Entrepreneur applications, contained in Part 6A of HC 395 (as amended) set out the ‘specified documents’ that must be referred to in Tier 1 Entrepreneur extension applications. It is likely that an application will be refused if such documents are not provided.
What services do you offer?
We offer a range of services for those requiring advice and assistance in relation to the Tier 1 Entrepreneur category, from comprehensive assistance with the preparation of applications to one-off consultations.
If you require advice from one of our experts, do contact us.