Q&As

Where an applicant has joined an existing business, they are required to show a net increase of employment. How is net increase calculated for job creation where the employment has fluctuated throughout the year before the applicant joins the business? In addition, what constitutes a job? For example, where there are 10 waiters in a company, does this count as 10 different jobs or is it just one job—that of a waiter?

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Produced in partnership with Nick Nason of Edgewater Legal
Last updated on 19/07/2021

The following Immigration Q&A produced in partnership with Nick Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • Where an applicant has joined an existing business, they are required to show a net increase of employment. How is net increase calculated for job creation where the employment has fluctuated throughout the year before the applicant joins the business? In addition, what constitutes a job? For example, where there are 10 waiters in a company, does this count as 10 different jobs or is it just one job—that of a waiter?

Where an applicant has joined an existing business, they are required to show a net increase of employment. How is net increase calculated for job creation where the employment has fluctuated throughout the year before the applicant joins the business? In addition, what constitutes a job? For example, where there are 10 waiters in a company, does this count as 10 different jobs or is it just one job—that of a waiter?

The job creation requirement must be satisfied by applicants making applications to extend their leave as Tier 1 (Entrepreneurs), or later applying for indefinite leave to remain (ILR) having spent the required period in the UK in that route.

As the Q&A identifies, where a Tier 1 (Entrepreneur) has taken over or invested in an existing business or businesses, they must show a net increase in the employment provided by the business or businesses for settled workers by creating the equivalent of at least two new full time jobs (row 4, Table 5, Appendix A to the Immigration Rules).

The rules at paragraph 50(g) and (h) of Appendix A to the Immigration Rules require certain evidence to be provided in respect of the job creation requirement, and the net increase in jobs:

'(g) if the applicant took over or joined a business, they must provide a signed and dated letter from an accountant, showing:

(i) the name and

Related documents:
Key definition:
Indefinite leave to remain definition
What does Indefinite leave to remain mean?

Immigration status that is granted to a migrant confirming that they are free from immigration control. This is also referred to as ‘settlement’ or ‘permanent residence’. Abbreviated to ILR.

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