When applying for leave to remain or indefinite leave to remain (ILR) under the Tier 1 Entrepreneur category, applicants must demonstrate that they have created the equivalent of at least two full time jobs for settled workers during their most recent period of leave. Jessica Walker takes a close look at the requirements.
Each of the roles must have existed for 12 months throughout the period of the applicant’s last grant of leave in this category or, if their last grant of leave was obtained less than 12 months ago, the roles must have existed for the last 12 months.
For those who entered the Tier 1 Entrepreneur category before 6 April 2014, and are applying to extend before 6 April 2019, the rules are slightly more lenient. But for those who entered the category after 6 April 2014, two separate job roles must have been created and each must have existed for a full 12-month period.
Who is a settled worker?
For the purpose of meeting this requirement, a settled worker can be:
- a British citizen;
- a person who holds permanent residence or ILR;
- a British Overseas Territories citizen – except those from sovereign base areas in Cyprus;
- a Commonwealth citizen who is allowed to enter or remain in the UK on the basis that a grandparent was born here; or
- an EEA national.
Whilst individuals who hold other types of leave to remain in the UK, for example, as the spouse of a British citizen, a PBS dependant or under any other parts of the Immigration Rules, will have permission to work in the UK, their employment would not count towards the job creation requirement for Tier 1 Entrepreneur applicants.
What is a full-time role?
To be considered as a full-time role, the role must be for at least 30 hours per week. It is possible for two or more part time roles to add up to one full time role providing that the work in that role amounts to at least 30 paid hours each week.
For example, if an applicant has employed two individuals as Sales Managers in the business they have joined or established, each working a 15-hour week, this would be equivalent to one full time role.
However, if an applicant has employed one individual as a Sales Manager for 15 hours a week and one individual as a Customer Service Manager for 15 hours a week, these roles could not be combined to create one full time role as they are different positions. If it is genuinely possible therefore to use a generic job title as opposed to a specific one, this is generally recommended.
In order for two part time jobs to be combined and considered as one full time role, the actual work carried out in the two jobs, the role, and the job title must be the same.
In addition to the above, all relevant UK legislation, such as the National Minimum Wage requirement must be complied with.
Applicants are required to provide an abundance of evidence to demonstrate that the job creation requirement has been met. This includes:
- a copy of each employee’s passport or further evidence of their settled status;
- each employees contract of employment;
- the payslips of each employee for the relevant 12-month period; and
- HMRC Real Time Full Payment Submissions for the relevant 12-month period.
Job Creation for Tier 1 Entrepreneur: Conclusion
An applicant that does not meet the Home Office’s requirements precisely risks their application being refused. Care must therefore be taken both when preparing the application and well in advance in order to ensure that the requirements are met in time for the application. We maintain a 100% success record in assisting applicants to apply for an extension or Indefinite Leave to Remain under the Tier 1 Entrepreneur category because we take an extremely thorough approach to preparing our client’s applications.
Job Creation for Tier 1 Entrepreneur: How we can help
If you would like to discuss the job creation requirement for this category or need information about any other aspect of an application, please contact us.