What are the staff employment requirements if I want to extend my Entrepreneur visa?

The Tier 1 (Entrepreneur) visa route is now closed to new applicants.

However, many Tier 1 (Entrepreneur) visa holders and their dependants will be reaching the end of their first grant under this visa, and looking towards making an extension application before they become eligible for Indefinite Leave to Remain in the UK.

A number of very specific requirements must be met when preparing to make an extension application. One of the most important requirements is job creation.

This element requires that during the initial grant of leave as an Entrepreneur migrant, the visa holder must have created a minimum of 2 full-time jobs for people who are considered ‘settled’ in the UK, such as British nationals or those with Indefinite Leave to Remain or Settled Status in the UK.

A full-time job is one that consists of at least 30 hours of paid work per week. Each job must have existed for a minimum of 12 months, but this period need not be consecutive, nor do the jobs need to exist at the date of application, provided that each job did exist for a minimum of 12 months at some point.

The same employee does not have to fill the position for the entire 12 months. As long as the job has existed for this length of time, it can be filled by more than one settled worker.

Finally, it is important to note that each job must comply with all relevant UK legislation, including, for example, paying at least the UK National Minimum Wage, and adhering to the Working Time Regulations.

There are some limited exceptions in relation to the job creation element due to the Covid pandemic over the last 2 years.

Gherson has significant experience with Tier 1 (Entrepreneur) visa applications and would be happy to discuss your specific circumstances in further detail. Please do not hesitate to contact us to discuss your options, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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