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The positions must be maintained for 12 continuous months.kaps84 wrote:Q1: Is it mandatory that both the employee's continue for 12 months? or is it that both the positions should exist for 12 months. I am expecting my ofc accountant to leave after 4 months of employment (before 12 months) and than will have to hire another employee (in continuation or after a gap of 2 months).
Unfortunately, you can not have any gaps in 12 months period. An employee can be replaced with another employee for that position but there should be no gaps in that 12 month period.kaps84 wrote: Q2: Is it OK if hiring a replacement of the 2nd employee after a gap of 2 months?
This should be fine.kaps84 wrote:Calculation:
7 hours per day * £ 7.2 per hour = £ 50.4 per day
£50.4 * 5 days per week = £ 252 per week
£ 252 per week * 52 weeks = £ 13104
Is this calculation correct or is there something that I need to take care from UK employment law and T1 (E) regulations.
You should not confuse a job/role with number of employees hired. I have repeated this several times on this forum. A job CAN be completed with multiple employees and obviously you can replace your employees. This is literally given as an example in item 163 of the guide for post April 2014 candidates. It is also clearly mentioned in paragraph 50 of Immigration rules Appendix A:Q1: Is it mandatory that both the employee's continue for 12 months? or is it that both the positions should exist for 12 months. I am expecting my ofc accountant to leave after 4 months of employment (before 12 months) and than will have to hire another employee (in continuation or after a gap of 2 months).
50. Where the applicant’s last grant of entry clearance or leave was as a Tier (Entrepreneur) Migrant, the jobs must have existed for a total of at least 12 months during the period in which the migrant had leave in that category. This need not consist of 12 consecutive months and the jobs need not exist at the date of application, provided they existed for at least 12 months during the period in which the migrant had leave as a Tier 1 (Entrepreneur) Migrant.
Yes, as described above.Q2: Is it OK if hiring a replacement of the 2nd employee after a gap of 2 months?
Obviously you obliged to pay at least min wage to all your employees under the law.Now since National Minimum wage (£7.2/hour) is in force. Can someone share an example of what minimum salary can be given to an employee?
I have done a rough calculation, let me know if this is fine:
1 assume 30 hours/week is the minimum number of working hours per week as per the T1 (E) regulations. Please correct me if otherwise.
I have employees working 7 hours per day (35 hours per week)
Calculation:
7 hours per day * £ 7.2 per hour = £ 50.4 per day
£50.4 * 5 days per week = £ 252 per week
£ 252 per week * 52 weeks = £ 13104
Is this calculation correct or is there something that I need to take care from UK employment law and T1 (E) regulations.
If an employee A works for me for 12 months during 2014-2015 and then leaves.Where the applicant’s last grant of entry clearance or leave was as a Tier (Entrepreneur) Migrant, the jobs must have existed for a total of at least 12 months during the period in which the migrant had leave in that category. This need not consist of 12 consecutive months and the jobs need not exist at the date of application, provided they existed for at least 12 months during the period in which the migrant had leave as a Tier 1 (Entrepreneur) Migrant.
Where do you have to disclose the position of the person working for you in the company ??n8net wrote:on a seperate note, is it ok to have 1 HR just for one employee ? doesn't that raise questions ?
Of course, why not ??If an employee A works for me for 12 months during 2014-2015 and then leaves.
and employee B works for me for 12 months during 2016-2017 and then leaves.
Can I use both of these Jobs for my extension.
There is no requirement that the jobs must be NQF Level 4. Any job with a minimum salary (national Living Wage) given to a Settled Person qualifies.n8net wrote:shouldn' t the two job you create satisfy some crieteia NQF Level 4 and above ? so you will have to disclose the job titles ?
also, as part of of genuine Ent tests, they can ask you for organisation structure which will reveal this ?
No such requirement in the immigration rules. Genuine test is also subjective and mostly not conducted, unless your case or your background shows some red flags.n8net wrote:shouldn' t the two job you create satisfy some crieteia NQF Level 4 and above ? so you will have to disclose the job titles ?
also, as part of of genuine Ent tests, they can ask you for organisation structure which will reveal this ?
Hi Zimba there is a lot of confusion going on job creation and no of hours counted towards full time, kidnly read my situation completely and guide me through.zimba88 wrote:Where do you have to disclose the position of the person working for you in the company ??n8net wrote:on a seperate note, is it ok to have 1 HR just for one employee ? doesn't that raise questions ?
Of course, why not ??If an employee A works for me for 12 months during 2014-2015 and then leaves.
and employee B works for me for 12 months during 2016-2017 and then leaves.
Can I use both of these Jobs for my extension.