Those on Tier 1 Entrepreneur visas who have been granted leave before the 29th March 2019 will be able to extend their visa until 2023 by applying under the old rules. According to the Immigration Rules one of the requirement for extension entails the creation of the equivalent of two extra full-time job positions in the business where the £200,000.00 (or £50,000.00 if applicable) have been invested. These job roles must have existed for at least 12 months each.
It is therefore essential having a clear understanding of the specific requirements prescribed for the job positions and what is considered a full-time job position for the purpose of the extension application.
According to the Home Office guidance, a full time job must consist in 30 hours of paid work a week.
“The equivalent of” a full time job means two or more part time jobs which add up to 30 hours a week will count as one full time job, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job.
The jobs must have existed for at least 12 months during the period of the most recent grant of leave as a Tier 1 (Entrepreneur) migrant. Therefore, from the date when the initial leave is granted, applicants will have three years to comply with the job requirement and create two full-time job positions.
A single job does not necessarily have to consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year) providing it is the same job.
Furthermore, the jobs do not necessarily have to exist on the date of application, provided they existed for at least 12 months during the period of the most recent grant of leave.
It is important also to note that different job positions that have existed for less than 12 months cannot be combined together to make up a 12 month period. Whether jobs are being combined, with two part time employees being used to create the equivalent of one full time job, the employees being relied upon must be clearly identified in the application.
Additionally, the guidance prescribes that the jobs must comply with all relevant UK legislation including, but not limited to, the National Minimum Wage and the Working Time Directive.
In terms of documentation requested in order to satisfy the requirement, the HO regulations clearly state that the applicant must provide the following documents:
- All the payslips for each employee covering the period of employment
- RTI covering the entire period of trading (starting 12 months before the date the applicant joined the business)
- Employees passport copies
- Confirmation of the employment start date, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes
Extension applications entail considerable amount of attention and scrutiny. If you want to receive legal assistance with your extension application, please contact us on 020 36937591.