Job creation requirement for Tier 1 Entrepreneur

The Home Office has released important news for migrants who are in the UK holding Tier 1 (Entrepreneur) visas and who entered the route prior to 06 April 2014. The Home Office confirmed that the transitional arrangements for the job creation element of the application ends on 6 April 2019.

In order to extend a Tier 1 (Entrepreneur) visa, or to obtain Indefinite Leave to Remain (ILR) in that category the applicant needs to establish that they have created at least two full time job positions for settled workers. These positions must have each lasted at least 12 months during the most recent grant of Leave to Remain.

Current job creation requirement

At present, persons who successfully applied to enter the Tier 1 (Entrepreneur) visa route and have continually remained in that route since before 6 April 2014 have more flexibility in how the job creation requirement can be met. In these circumstances migrants can meet the requirement if they can evidence that they have employed:

  • 1 worker for 24 months
  • 1 worker for 6 months and one for 18 months
  • 4 workers for 6 months each

Transitional Arrangements ending on 6 April 2019

The Home Office has, however, announced that from 06 April 2019, these transitional arrangements will be coming to an end. This means that any migrants who entered the route prior to 06 April 2014 and who intend to make an extension or ILR application on or after 06 April 2019 will no longer be able to meet the job creation requirement by relying on the above-mentioned forms of employment.

Instead, all Tier 1 (Entrepreneur) Migrants will need to demonstrate that they have created two distinct, full time positions for settled workers, each of which must have lasted for a 12 month period at the point that the extension/ILR application is submitted. Migrants will still be able, however, to combine two or more part time jobs that add up to 30 hours per week (provided each job lasted for at least 12 months), as has been permitted for Tier 1 (Entrepreneurs) regardless of the date that they first entered the route.

We strongly recommend that anyone who is in the UK as a Tier 1 (Entrepreneur), and entered that route prior to 06 April 2014 and who is intending to rely on the transitional arrangements to meet the job creation requirement in order to extend their visa/apply for ILR seek to have their application submitted prior to 06 April 2019.

For more information on the Tier 1 (Entrepreneur) job creation requirement, please contact us.