Tier 1 Entrepreneur Settlement: Job Creation Requirement
If you have a Tier 1 Entrepreneur leave to remain status then you have a chance to submit an application to permanently settle in the UK till April 2025. By switching from Tier 1 Graduate Entrepreneur or Start-up visa to Tier 1 Entrepreneur you can submit an application to stay in the UK till July 2027. This article is all about the Job Creation requirement for applicants who want to settle in the UK as Tier 1 Entrepreneur
Overview of Job Creation Requirement
It is important for getting a Tier 1 Entrepreneur visa that you create at least 2 full-time jobs for workers settled in the UK. The duration of each job must be a minimum of 12 months. The duration of both jobs must not be consecutive. The jobs that may be reliable are only from your initial period of leave in case their duration is a minimum of 12 months in the period of your latest extension.
For instance, you opened a position of an HR manager in the early period of your leave and employed someone for that position for 12 months. Whether the person employed initially is changed or not, as long as the position is filled for 12 whole months, it can be considered as fulfilment of the requirement for a Tier 1 Entrepreneur visa.
Alternatively, if you initially hired an office manager for your business but then you felt the need to downsize your business and removed the person from the job and ended the job position. The procedure to defend this decision is difficult, which is why hiring an immigration lawyer would be the best choice for you to ensure you fulfill the requirements of a Tier 1 Entrepreneur visa and for visa law assistance . The people you employ must be employed on a full-time basis and contract-based hiring will not be considered. People who are part of the Entrepreneur team can use the same job as evidence to prove their fulfillment of a Tier 1 Entrepreneur visa.
In case you were given leave for less than the period of a year when you have spent 5 years to apply for entrepreneur settlement, the job you created must exist a year immediately before the date of your submission. You will also be able to present the job from your previous grant of leave to fulfill the requirement.
The status of the jobs mentioned in the application form will be assessed by the Home office to decide on your Tier 1 Entrepreneur visa. It will be assessed whether you ran an original business during the period of your last leave and will be doing so in future too. Contact an experienced immigration lawyer for more information about Tier 1 Entrepreneur visa.
Definition of ‘Settled worker’ According to UK Visa Laws?
The individual who can be considered as a settled worker must meet any of the below-mentioned criteria:
- A British citizen
- A person living in the UK according to EEA regulations and has the right to permanent settlement in the UK according to rule 15 of the EEA regulation
- An individual who has to leave to remain status or indefinite leave to remain under the Appendix EU.
- An individual with British Overseas Territories citizenship, excluding Sovereign Base Areas in Cyprus; or
- A person with commonwealth citizenship who is residing in the UK based on the UK Ancestry route (granted on the basis that one of their grandparents was born in the UK)
- An individual holds the rights of settlement according to section 33(2A) of the Immigration Act 1971.
Only the period for which you have mentioned the person as your employee is relevant when accessing his/ her status as a settled worker. It will not impact if they lost their settled worker status after the job with you ended.
Required Evidence for Tier 1 Entrepreneur Visa
The following documents need to be submitted with Tier 1 Entrepreneur visa application:
- Printed evidence of Real-Time Full payment submissions to prove that the applicant fulfilled the reporting requirements.
- Payslips of full tenure of job for each person you employed and mentioned in your application.
- Evidence for start and end date of job, the title of the job, description of the job, Paid hours per day, payment per hour for each of the employees mentioned in the application. You would also need to mention all the details if you hired another person for the same job.
- Proof of the employee settled worker status. For example a passport or biometric residence permit depicting indefinite leave to remain.
There are some more documents too that you need to submit that can prove that you were either self-employed, a member of a partnership or a director of a company in the UK at the time you created the jobs. Get a Job creation immigration attorney in order to get answers to any more questions.