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Job Creation Transitional Arrangement Confusion

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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amiao6
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Job Creation Transitional Arrangement Confusion

Post by amiao6 » Fri Dec 09, 2016 3:49 pm

Dear members,

I have been granted for TIER 1 E initial visa before April 2014, so I think that I am covered by the transitional arrangement. To my understanding, it is not compulsory for me to create 2 FULL TIME jobs and any of them do not need to be existed for at least 12 months. As long as it's 30 hours per week and add up to 3120 hours.

I have 2 full time staff at the moment, staff A is working for me for 14 months and staff B is working for me for 10 months and 1 week. There was another staff working as the post for staff B for 3 weeks then he quited. So for the second post it lasts for 11 months so far. I think the total hours already qualify for awarding the job creation points but yet so sure.

Could someone please kindly advise me regarding my situation? Thank you very much for your great help.

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zimba
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Re: Job Creation Transitional Arrangement Confusion

Post by zimba » Sat Dec 10, 2016 12:03 am

Correct. You need to have created EQUIVALENT of two full time jobs or 24 months of full time employment under transitional arrangements
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Aab1988
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Re: Job Creation Transitional Arrangement Confusion

Post by Aab1988 » Sat Dec 10, 2016 12:25 am

Hi Zimba what does transitional arangements means?

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zimba
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Re: Job Creation Transitional Arrangement Confusion

Post by zimba » Sat Dec 10, 2016 12:49 am

Aab1988 wrote:Hi Zimba what does transitional arangements means?
Read the guide page 54!
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amiao6
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Re: Job Creation Transitional Arrangement Confusion

Post by amiao6 » Sat Dec 10, 2016 2:16 am

zimba88 wrote:Correct. You need to have created EQUIVALENT of two full time jobs or 24 months of full time employment under transitional arrangements
Hi Zimba,

Thank you so much for clarifying my confusion. Thank you.

amiao6
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Re: Job Creation Transitional Arrangement Confusion

Post by amiao6 » Fri Dec 16, 2016 4:52 pm

zimba88 wrote:Correct. You need to have created EQUIVALENT of two full time jobs or 24 months of full time employment under transitional arrangements
Hi Zimba, I have another quick question. One of my staff is paid by a fixed monthly pay, which is 130 hours a month. Well another staff is paid depending on the actual weeks he works, so sometime is 120 hours and sometime is 150 hours. I am worried the caseworker will calculate 120 hours a week as part time and ignore the extra 30 hours when the month has 5 weeks. Add a short message will help to clarify this situation or I'd better just leave it to caseworker to calculate by themselves?

Thank you very much in advance. Answers from other gurus are welcomed as well.

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Re: Job Creation Transitional Arrangement Confusion

Post by live4pride » Mon Jan 09, 2017 11:39 pm

amiao6 wrote:
zimba88 wrote:Correct. You need to have created EQUIVALENT of two full time jobs or 24 months of full time employment under transitional arrangements
Hi Zimba, I have another quick question. One of my staff is paid by a fixed monthly pay, which is 130 hours a month. Well another staff is paid depending on the actual weeks he works, so sometime is 120 hours and sometime is 150 hours. I am worried the caseworker will calculate 120 hours a week as part time and ignore the extra 30 hours when the month has 5 weeks. Add a short message will help to clarify this situation or I'd better just leave it to caseworker to calculate by themselves?

Thank you very much in advance. Answers from other gurus are welcomed as well.
Mention this in covering letter and it should be fine/helpful I suppose..
where there's a will there's a way

mohsensari
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Re: Job Creation Transitional Arrangement Confusion

Post by mohsensari » Mon Feb 13, 2017 9:39 pm

Dear Zimba ,
There is a question in my mind, If One employee work 1 month 140 hours and the next month 120 hours how home office calculate them? ( the average is 130 hours but Payslip shows exact worked hours for each month)

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zimba
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Re: Job Creation Transitional Arrangement Confusion

Post by zimba » Mon Feb 13, 2017 9:43 pm

mohsensari wrote:Dear Zimba ,
There is a question in my mind, If One employee work 1 month 140 hours and the next month 120 hours how home office calculate them? ( the average is 130 hours but Payslip shows exact worked hours for each month)
As I said so many times on the forums, the rules ONLY MENTION 30 hours per week as the benchmark. Convert your periods to weeks and cap the hours to max 30 hours per WEEK. That is the MOST accurate way based on the RULES. If someone worked lower than that per WEEK, he/she is part time and 30 hours and over is full time
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mohsensari
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Re: Job Creation Transitional Arrangement Confusion

Post by mohsensari » Mon Feb 13, 2017 9:53 pm

but in Tier 1(Entrepreneur) Policy Guidance version 11/2016 - Page 89, it say "We consider full-time to be 30 hours per week / 120 hours per month"
this make big confuse. that means the should consider 120 hours as full time if employee is on monthly basis.
(pleas correct me)

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zimba
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Re: Job Creation Transitional Arrangement Confusion

Post by zimba » Mon Feb 13, 2017 10:07 pm

mohsensari wrote:but in Tier 1(Entrepreneur) Policy Guidance version 11/2016 - Page 89, it say "We consider full-time to be 30 hours per week / 120 hours per month"
this make big confuse. that means the should consider 120 hours as full time if employee is on monthly basis.
(pleas correct me)
You should stick with what the rules say NOT the guide in this instance. I believe the guide writers made the same mistake that everyone makes but a month on average is NOT 4 weeks !!
There is ABSOLUTELY nothing in the rules regarding months, it just says 30 hours a week is the benchmark which makes it technically 130 hours a month.
To be safe, I suggest to stick with 30 hours a week ONLY. Convert your periods to WEEKS and calculate: https://www.timeanddate.com/date/duration.html
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mohsensari
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Re: Job Creation Transitional Arrangement Confusion

Post by mohsensari » Mon Feb 13, 2017 10:24 pm

Many thanks zimba,
How HO calculate part time? if two workers work in same period of time and in same job and one of them works 120 hours and the other one works 70 hours (total 190 hours ). Do they ignore 60 hours (190-130) to be in one full time?
In transition arrangement is it better to define those two jobs as different jobs?

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Re: Job Creation Transitional Arrangement Confusion

Post by zimba » Mon Feb 13, 2017 11:12 pm

mohsensari wrote:Many thanks zimba,
How HO calculate part time? if two workers work in same period of time and in same job and one of them works 120 hours and the other one works 70 hours (total 190 hours ). Do they ignore 60 hours (190-130) to be in one full time?
In transition arrangement is it better to define those two jobs as different jobs?
Again, any hours worked over 30 in a week in each job are ignored. If two part time worker put in 25 hours and 35 hours in the same job a week, that would be total of 60 hours but only 30 hours of this will be counted.
http://www.immigrationboards.com/uk-tie ... l#p1442289
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mohsensari
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Re: Job Creation Transitional Arrangement Confusion

Post by mohsensari » Tue Feb 14, 2017 2:01 am

A 01/08/2016 TO 28/02/2017 6.70 FULL TIM
B 01/06/2016 TO 31/07/2016 6.70 FULL TIM
C 01/07/2016 TO 31/07/2016 6.70 PART TIME
E (19 YEARS OLD) 01/05/2016 TO 31/05/2016 5.30 PART TIME
D (16 YEARS OLD) 01/04/2016 TO 31/05/2016 3.87 PART TIME
B 01/04/2016 TO 30/04/2016 6.70 FULL TIME
B 01/03/2016 TO 31/03/2016 6.70 PART TIME
C 01/02/2016 TO 31/03/2016 6.70 PART TIME
D 01/02/2016 TO 29/02/2016 3.87 PART TIME

Is it correct to put 5 EMPLOYEES WHO WORK SOME PERIOD PART TIME AND SOME PERIOD FULL TIME AND CAN WE COMBINE TWO PART TIME IN SAME JOB AND SAME PERIOD IN ONE TABLE? (A TO E ARE EMPLOYEE)

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