Whilst the Tier 1 (Entrepreneur) route under the Points Based System is now closed to new Applicants, applications for Tier 1 (Entrepreneur) extensions can be submitted until 5 April 2023 and Tier 1 (Entrepreneur) Indefinite Leave to Remain (“ILR”) applications can still be submitted until 5 April 2025. Therefore, it is important that extension and ILR applications are prepared correctly with all of the requirements being properly met. The Tier 1 (Entrepreneur) Job Creation requirement is one of the main requirements that need to be correctly met for successful applications and if often where Applicants can go wrong. Our business Immigration Solicitors in London are happy to offer advice in relation to this requirement; along with the other Tier 1 (Entrepreneur) extension and ILR requirements, during a consultation. Please contact our team today in order to get legal advice before submitting your application.
What is the Tier 1 (Entrepreneur) Job Creation Requirement?
In order to apply for a Tier 1 (Entrepreneur) extension or ILR, Applicants will need to secure 20 points for job creation. This means that the Applicant’s business or businesses must have created the equivalent of at least 2 new full-time jobs for settled workers. Settled workers include British citizens, EU nationals and individuals who have ILR, Permanent Residence or EU Settled Status in the UK (i.e. they are free from Immigration restrictions). These jobs must have existed for at least 12 months during the Applicant’s most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of the current application.
For the purposes of these applications, a full-time job constitutes 30-hours 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 and this will count as one full-time job, as long as both jobs exist for at least 12 months. (i.e. Applicants rely on one full-time job and 2 part-time jobs or 4 part-time jobs; so long as the hours add up).
What are the other Tier 1 (Entrepreneur) extension and ILR application requirements?
Applicants must have a total of 75 points in order for the Home Office to consider granting a Tier 1 (Entrepreneur) extension or ILR application. In addition to the 20 points for the job creation requirement as mentioned above, the remaining points for an extension application are as follows:
- Points for investment and business activity – Applicants must show that they have invested least £200,000 (or £50,000) directly into one or more UK business. They can also get point for showing they have either registered with HMRC as self-employed or registering as a Director of a UK company on Companies House;
- 10 points for having the required level of maintenance funds; and
- 10 points for meeting the English language requirement.
For Tier 1 (Entrepreneur) ILR applications, Applicants must also demonstrate their continuous residence in the UK as a Tier 1 Entrepreneur during their qualifying period (usually 5 years but could be less if applying for accelerated settlement; in this case, the investment amount and job creation requirement will also be higher) and demonstrate sufficient knowledge of life and language in the UK.
Is there a Job Creation Requirement under the Innovator Visa category?
The Innovator visa route under the Immigration Rules Appendix W: Immigration Rules for Workers has replaced the Tier 1 (Entrepreneur) route for new Applicants. Whilst similar to the former Points Based System route, the Appendix W route is not identical; however, there is still a job creation requirement. Innovator Visa Applicants must get an endorsement letter from an approved endorsing body and the business must be “innovative, viable and scalable”. Under scalability, Applicants must show evidence of “structured planning and of potential for job creation and growth into national and international markets”. Therefore there is still a job creation aspect to these applications as the purpose of this route is to support the UK economy and create jobs for settled workers.
For Innovator ILR applications, the job creation requirement is that:
- The business has created the equivalent of at least 10 full-time jobs for resident workers; or
- The business has created the equivalent of at least 5 full-time jobs for resident workers, which have a mean salary of at least £25,000 a year (gross pay, excluding any expenses).
Using our Immigration Solicitors in London for advice on meeting the Tier 1 (Entrepreneur) Job Creation Requirement
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 (Entrepreneur) extension or ILR application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject Tier 1 (Entrepreneur) extension and IRL applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully satisfy the Tier 1 (Entrepreneur) Job Creation Requirement with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 (Entrepreneur) extension or ILR application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a visa application and ensure that you meet the job creation and other requirements under the Immigration Rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss the Tier 1 (Entrepreneur) Job Creation Requirement.
Contact our London immigration solicitors on 02030110276 or complete our contact form.