Payroll and the job creation requirement

Cover image for Payroll and the job creation requirement

In R (Khajuria) v SSHD [[2019] EWHC 1226](, an Indian entrepreneur had created the jobs necessary to extend her visa but her application was refused because she was unable to provide payroll information in the exact form required.

It is a further reminder for Tier 1 (Entrepreneurs) that getting an extension is not about meeting the requirements of the rules, it is about meeting the rules themselves.

The job creation requirement

One of the core criteria of the Tier 1 (Entrepreneur) rules is that visa holders create at least two jobs lasting 12 months each during their initial period of leave to remain. It is only through compliance with this requirement — and a few others — that Tier 1 (Entrepreneurs) will meet the eligibility requirements to extend their stay and continue their business interests in the UK.

Although this visa category has now been closed to new applicants and replaced with the innovator visa route, extensions and settlement applications are still possible.

As per the relevant Immigration Rules, the claimant in Khajuria had created the required positions, but did not operate a PAYE system. This led to a refusal of her application, a decision that was upheld by the Court of Appeal.

Despite having created the necessary positions and otherwise operated (what appears to have been) a successful business, she has not been able to extend her Tier 1 (Entrepreneur) visa.

We cover the case in greater depth at Free Movement. If you are a Tier 1 (Entrepreneur) concerned about meeting the job creation requirements, see our Tier 1 (Entrepreneur) for our services, or arrange a one-off consultation.

Main image credit: Photo by JESHOOTS.COM on Unsplash