Criteria for Hours Calculation- Applying Tomorrow

[ARiaz]

No. A month is NOT 120 hours and a part time work is NOT half the full time work. These are are wrong assumptions.
You can calculate the hours on weekly basis (ignore months). Count the number of weeks worked for each employee. Min hours required is 30 hours for a full time job.

Home office does not care how many hours an employee worked, they care if they worked the min hours required and were paid as you claim !
Let's say you have 45 weeks of full time work, you must multiply 45 x 30 hours x the hourly rate = (XX)
This value is the min salary paid in that 45 weeks period, so your total salary paid must be equal or greater than XX

Also Zimba, can you please give me some rope on below, I have picked it from guidance notes and finds it very confusing
"A single job need not consist of 12 consecutive months (for example it could exist for 6
months in one year and 6 months the following year) providing it is the same job
(different jobs that have existed for less than 12 months cannot be combined together
to make up a 12 month period), and the jobs need not exist at the date of application,
provided they have existed for 12 months"

[zimba]

A job is NOT an employee. A job is a position in your company. This position can be filled by multiple employees and could remain vacant for a while while you replace an employee who left.

So for example you can have 4 employees work total of 12 months in that position, spanning across a three year period !

[ARiaz]

A job is NOT an employee. A job is a position in your company. This position can be filled by multiple employees and could remain vacant for a while while you replace an employee who left.

So for example you can have 4 employees work total of 12 months in that position, spanning across a three year period !

Thanks Zimba, May be I am just stressed out and some overthinking!
Also can you please share your opinion on "We consider full-time to be 30 hours per week / 120 hours per
month" I have found this in application form above table 3b2 Page46

[tier1in2014]

Hi ARiaz , "We consider full-time to be 30 hours per week / 120 hours per month" Yes This is correct as long as employee has worked at least 30hrs week or min 120hrs per month will be consider full time. Anything more than 30hrs week and 130 month will not be counted . But still not sure about the part time hrs how many max or min hrs they will take per month or week . I am on the same boat for part time hrs calculations but still cant figure out how it will be counted . Zimba we do need your advice on this please if you can solve this for us . Thanks

[zimba]

Hi ARiaz , "We consider full-time to be 30 hours per week / 120 hours per month" Yes This is correct as long as employee has worked at least 30hrs week or min 120hrs per month will be consider full time. Anything more than 30hrs week and 130 month will not be counted . But still not sure about the part time hrs how many max or min hrs they will take per month or week . I am on the same boat for part time hrs calculations but still cant figure out how it will be counted . Zimba we do need your advice on this please if you can solve this for us . Thanks

Part time work is anything below 30 hours a week, so it could be 1 hour a week or 29 hours a week. You can add part time work hours together to achieve 30 hours a per week requirement.

[tier1in2014]

Thanks for your reply zimba this will be help work out the part time hrs . This employee was paid as basic monthly salary and was paid min wage . But if i remember never worked fixed same hrs in all weeks . Might have worked some weeks 22 hrs or some of them 15 hrs . I never kept record of that and issues is this payslips does not show any hrs or pay rate on them . will they be looking for 3120 hrs or 24 month full time . if i count there way we will have all together 21 month full time and 7 months of this part time employee.Part time has 100 hrs per month x 6 and 1 x 70 hrs and without any details on monthly pay slips for hrs and pay rate . so if I count them by adding up weeks to 30 hrs the what if 2 weeks are 22hrs total 44 hrs but we only take 30 hrs of that what about the rest of 14hrs can they be added up with another week or they will waste . I know I am asking to much but we are on the edge of job creation and don't want to take any chances if we are short by half month .Thanks

[zimba]

Note: There is an assumption here that you ARE able to use transitional arrangements.
Tier 1E transitional arrangements will come to an end in April 2019

Well there is no guide on hour calculation so I cannot give you an answer. For part time calculation, I think you could calculate the total hours or the equivalent of full time weeks from your part time job from the data you have.

On the visa form you should write the period of an employment and its hourly rate. You also provide payslips for such period.

So for example, you have a 7 months part time employee (31 weeks) for hourly rate of £15 and you totally paid him £8370 for this period.
Start with £8370 / 31 weeks = £270 per week. Then £270 per week / hourly rate of £15 gives you 18 hours worked per week.
So now that you know how many hours worked per week you can multiply this by the total 31 weeks and you get 558 or total hours worked
558 hours worked can now be divided by min full time requirement (30 hour per week) which gives you almost 18.5 full time weeks.
So for this part time employment of 31 weeks, you can claim 558 hours or equivalent of 18.5 full time weeks.

[tier1in2014]

Thanks Lot Zimba You are the best . With your calculation method looks like we will be fine to cover 24 month Job . Rest its all to home office now how they will count as there no fixed guideline for that . Thanks again for all of your help zimba .

[ARiaz]

A job is NOT an employee. A job is a position in your company. This position can be filled by multiple employees and could remain vacant for a while while you replace an employee who left.

So for example you can have 4 employees work total of 12 months in that position, spanning across a three year period !

First of all Happy New Year Zimba and to all recipients
I am going to file my application in 5 days time, there are few point where I need your opinion

1- For dependent application, do I have to sent separate bank statement for maintenance funds
2- In dependent application form, Section M, which sub section needs to filled M-2 or M-3. I have copied both below from application form


It is essential that you ensure that the information you provide in this section is accurate. We use
this information to advise you of the amount of money you will need for maintenance.

M1; Are you applying for leave at the same time as the PBS main applicant that you are
dependant upon?
Yes go to M2 No go to M4

M2; Under which category of the Points Based System is the main applicant applying?
Tier 1 (General) - go to M6
Tier 1 (Entrepreneurs) - go to M7
Tier 1 (Graduate Entrepreneur) - go to M10
Tier 1 (Exceptional Talent) - go to Section N
Tier 1 (Investors) - go to Section N
Tier 1 (Post Study Work) - go to M7
Tier 5 (Temporary Worker) - All categories - go to Section M11

M3; Is the PBS main applicant making:
An initial switching application - go to M11
An application for an extension of their existing leave - go to section N
An application following a change of employment - go to Section N

Thanks

[zimba]

1- For dependent application, do I have to sent separate bank statement for maintenance funds

No

2- In dependent application form, Section M, which sub section needs to filled M-2 or M-3. I have copied both below from application form

Confusing ! Tick both, first follow to M7 and then you end up in section N anyway.

[ARiaz]

1- For dependent application, do I have to sent separate bank statement for maintenance funds

No

2- In dependent application form, Section M, which sub section needs to filled M-2 or M-3. I have copied both below from application form

Confusing ! Tick both, first follow to M7 and then you end up in section N anyway.

Thanks Zimba
Indeed, very confusing because if I selects option M7 its takes me to M9 and M9 referred to M12

"M9; Please tick the box below:
I can confirm that I am providing evidence of having £630 in available funds.
Go to M12"
M12; You must provide evidence that you have access to available funds in order to support
yourself. Please tick the relevant box to confirm what evidence you are supplying:
Personal bank or building society statements covering a consecutive 90 day period
A building society pass book covering a consecutive 90 day period
A letter from a bank or building society confirming the funds and that they have
been held for a consecutive 90 day period
A letter from a financial institution regulated by either the Financial Conduct
Authority, the Prudential Regulatory Authority or, in the case of overseas accounts,
the home regulator (official regulatory body for the country in which the institution
operates and the funds are located) for the purpose of personal savings accounts,
confirming the funds and that they cover a consecutive 90 day period.

Please advise

[ARiaz]

1- For dependent application, do I have to sent separate bank statement for maintenance funds

No

2- In dependent application form, Section M, which sub section needs to filled M-2 or M-3. I have copied both below from application form

Confusing ! Tick both, first follow to M7 and then you end up in section N anyway.

@Zimba
Also Zimba, I am director in more than one businesses though I have achieved my points from my original business but do I need to report any other businesses I am involved in and submit their documents?

[zimba]

Indeed, very confusing because if I selects option M7 its takes me to M9 and M9 referred to M12

Follow along, you end up in section N anyway as I said !!

Also Zimba, I am director in more than one businesses though I have achieved my points from my original business but do I need to report any other businesses I am involved in and submit their documents?

No, only the ones you are claiming points for

[ARiaz]

Indeed, very confusing because if I selects option M7 its takes me to M9 and M9 referred to M12

Follow along, you end up in section N anyway as I said !!

Also Zimba, I am director in more than one businesses though I have achieved my points from my original business but do I need to report any other businesses I am involved in and submit their documents?

No, only the ones you are claiming points for

Thanks Zimba big time, much relief because I have started gathering documents for other businesses!
Can you please advise, if I have to submit FPS logs or RTI logs as well with payroll documents?
I am applying in a week time so finalising the last bits now

[zimba]

Only FPS reports

[ARiaz]

Only FPS reports

You are Star Zimba
One more thing please, in my initial application application I had showed 50K in my personal account so based on that which option I have to select in section K3, K4 & K5

I am assuming for K3 but confuse about K4 & K5

1-The investment was made during your initial period of Tier 1 (Entrepreneur) leave
directly by you into the business, in cash;

K3. You must have invested no less than £200,000 (or £50,000 if, in your last grant of
leave, you were awarded points for funds of £50,000) directly into one or more businesses in
the UK. Please tick to confirm how this investment has been made (you may tick more than
one box, where applicable):
Part or all of the investment was made in the 12 months (or 24 months if you were a
Tier 1 (Graduate Entrepreneur)) prior to your initial Tier 1 (Entrepreneur) application,
and you demonstrated this investment when you made your initial Tier 1 (Entrepreneur)
application;
The investment was made during your initial period of Tier 1 (Entrepreneur) leave in
the form of a director’s loan;
The investment was made during your initial period of Tier 1 (Entrepreneur) leave in
the form of share capital;
The investment was made during your initial period of Tier 1 (Entrepreneur)
leave using funding made available by a Venture Capital firm/a UK Seed Funding
Competition/a UK Government Department;
The investment was made during your initial period of Tier 1 (Entrepreneur) leave
directly by you into the business, in cash;
The investment was made during your initial period of Tier 1 (Entrepreneur) leave
directly by a third party, but on your behalf.

Now go to K4
K4. Were any of these investment funds shown as part of your successful application for
your last grant of leave?
Yes all of the funds were shown in the previous application. Go to part L
Yes some of the funds were shown in the previous application. Go to K5
No none of the funds were shown in the previous application. Go to K6


K5. How much money did you show had been invested in UK business as part of your last
application?
£ Please give the value in pounds sterling
How much money do you still have to show has been invested in the period of your initial
grant of leave?
£ Please give the value in pounds sterling

[zimba]

Discussed before: http://www.immigrationboards.com/uk-tie ... 19091.html

[ARiaz]

Discussed before: http://www.immigrationboards.com/uk-tie ... 19091.html

Thanks Zimba, but that thread is silent about K3?
Also do we need to provide investment breakdown, I mean where did the money has invested?
Lastly, if I am making one DL for all investments, which date shall I use?
Thanks

[zimba]

Thanks Zimba, but that thread is silent about K3?

K3 is VERY clear. If you made the investment via DL, then 2nd option should be ticked.
For K4, you invested NONE as you are showing it during your extension so the last option should be ticked.

Also do we need to provide investment breakdown, I mean where did the money has invested?

In your company in table 3b1 !!

Lastly, if I am making one DL for all investments, which date shall I use?

The date on the DL agreement.

Stop worrying about small details on the form, get your evidence sorted

[tier1in2014]

Hi Zimba , Up to which day they will accept the job creation . For example if our current leave expires last week Feb we can apply for ext in last week of Jan (within 28 days of current visa) . Will they consider full month of employment for Jan even we send our application on 25 Jan . We can do the payroll FPS and pay the employees also before end of the month But these transactions will not show in to last years management accounts as they will be ready up to 15th Jan .Thanks Zimba

[zimba]

Hi Zimba , Up to which day they will accept the job creation . For example if our current leave expires last week Feb we can apply for ext in last week of Jan (within 28 days of current visa) . Will they consider full month of employment for Jan even we send our application on 25 Jan . We can do the payroll FPS and pay the employees also before end of the month But these transactions will not show in to last years management accounts as they will be ready up to 15th Jan .Thanks Zimba

Your employment will be counted if it is within the time you had valid visa and you provide evidence of payment before the date of your application. You cannot claim employment till the end of Jan when you want to apply on 25th ! Payslips/FPS/etc you provide must all have payment dates before the date of your application.

[tier1in2014]

Thanks for your quick reply zimba . What if we have the dates on fps as 24th Jan but it will be for full month of Jan pay and will pay the employees by check or Bcas . We will also be able to get up to date statement for 25th Jan . Will this be acceptable then . Thanks

[zimba]

Thanks for your quick reply zimba . What if we have the dates on fps as 24th Jan but it will be for full month of Jan pay and will pay the employees by check or Bcas . We will also be able to get up to date statement for 25th Jan . Will this be acceptable then . Thanks

No. It is common sense. It is irrelevant that you plan to submit your numbers early to HMRC or even pay upfront.
You cannot claim points for hours that are not worked. You cannot claim hours for the entire month of Jan when you apply on 25th.

[ARiaz]

Thanks Zimba, but that thread is silent about K3?

K3 is VERY clear. If you made the investment via DL, then 2nd option should be ticked.
For K4, you invested NONE as you are showing it during your extension so the last option should be ticked.

That't actually tricky part, I didn't make DL in initial application, it was just sitting my personal account and ready to invest, so based on this scenario which option shall I tick in K3

Also do we need to provide investment breakdown, I mean where did the money has invested?

In your company in table 3b1 !!

Lastly, if I am making one DL for all investments, which date shall I use?

The date on the DL agreement.

Stop worrying about small details on the form, get your evidence sorted

That't actually tricky part, I didn't make DL in initial application, it was just sitting my personal account and ready to invest, so based on this scenario which option shall I tick in K3


Sorry I meant to ask, where that 50K from business has spent, do we need to provide breakdown

[ARiaz]

Thanks for your quick reply zimba . What if we have the dates on fps as 24th Jan but it will be for full month of Jan pay and will pay the employees by check or Bcas . We will also be able to get up to date statement for 25th Jan . Will this be acceptable then . Thanks

No. It is common sense. It is irrelevant that you plan to submit your numbers early to HMRC or even pay upfront.
You cannot claim points for hours that are not worked. You cannot claim hours for the entire month of Jan when you apply on 25th.

Sorry to bother you Zimba,
Just need to confirm once again, if I am running more than 1 business do I have to disclose about this anywhere or submit any kind of documentations?
Thanks