Job Creation after Extension Pre_ April case

My extension period is from 2nd October 2017 to 2nd October 2019.
I m completing 5 years on 27th March 2019 so planning to apply ILR on 1st March.
Now the situation is I have one full time employee which will cover 17 Months till 1st March 2019(Assistant Management Advisor )
If I employ a Part time employee (16 hours a week)as Audit Assistant and if He/she continues Or position is maintained for 14 Months will it suffice the requirement As
Position 1 Full time 17 Months
Position 2 Part time 14Months=7 months full time
Total=24 Months Full time

Please suggest

Regards

ishfaqsangra wrote: ↑

Mon Oct 30, 2017 7:08 pm

My extension period is from 2nd October 2017 to 2nd October 2019.
I m completing 5 years on 27th March 2019 so planning to apply ILR on 1st March.
Now the situation is I have one full time employee which will cover 17 Months till 1st March 2019(Assistant Management Advisor )
If I employ a Part time employee (16 hours a week)as Audit Assistant and if He/she continues Or position is maintained for 14 Months will it suffice the requirement As
Position 1 Full time 17 Months
Position 2 Part time 14Months=7 months full time
Total=24 Months Full time

Please suggest

Regards

Nothing wrong if pre-Apr 2014. But I would advise that you consider if one of the employee left the job, and the vacant period you have to find someone to fulfil the job. Maybe I was unlucky before, everytime when I tried to find someone to fulfill a job, it took me at least 1.5 ~2 months.

Thanks for comments
I posted on indeed.co.UK received 26 CVs in 2 days which cost company around £8 so very impressed by website.worth using.
So 14 months part time will be counted as 7 months full time.Should I go ahead?

Hi,

May be i am wrong so wait for the seniors ,

From your post i have the following findings,

You got your first Tier 1 Entrepreneur in March 2014 and that was going to expire in March 2017

You did apply extension in March 2017 and got approved in October 2017 valid till October 2019

In theory you will complete your 5 years in March 2019. But in practical you can only apply your ILR in October 2019.

The reason the period between March 2017 to October 2017 when your extension application was in process cannot be counted towards your employees job length. Your employees job length period will start from October 2017 for further 2 years when you got your extension approved . As you were in transitional arrangement pre-2014 , so you can make any combination of employment to fulfill the 24 months requirement.

1 x Full Time Employee = 24 Months
2 x Full Time Employees = 12 Months Each
1 X Full Time Employee 18 months and Second part time for 6 months

Note: Please wait for the seniors members for their comments and suggestions

PeterLove2008 wrote: ↑

Mon Oct 30, 2017 8:02 pm

ishfaqsangra wrote: ↑

Mon Oct 30, 2017 7:08 pm

My extension period is from 2nd October 2017 to 2nd October 2019.
I m completing 5 years on 27th March 2019 so planning to apply ILR on 1st March.
Now the situation is I have one full time employee which will cover 17 Months till 1st March 2019(Assistant Management Advisor )
If I employ a Part time employee (16 hours a week)as Audit Assistant and if He/she continues Or position is maintained for 14 Months will it suffice the requirement As
Position 1 Full time 17 Months
Position 2 Part time 14Months=7 months full time
Total=24 Months Full time

Please suggest

Regards

Nothing wrong if pre-Apr 2014. But I would advise that you consider if one of the employee left the job, and the vacant period you have to find someone to fulfil the job. Maybe I was unlucky before, everytime when I tried to find someone to fulfill a job, it took me at least 1.5 ~2 months.

@PeterLove2008 - unfortunately, you are wrong. You can't combine 14 months of one part-time job to 7 months full time. They have to be two separate PT jobs to be combined.

@ishfaqsangra - You are right that your FT employee will give you 17 months from Oct to March. You then need two PT jobs for 7 months each if you are going to use PT employees. Of course, you can try to define the same employee as doing two different jobs but at the minimum, HO is going to ask a lot of questions about it - so definitely not the preferred choice.

I think he will be okay with 14months part time as 7 months full time because he is Pre 2014 case

Thanks everyone for your very valuable input.
I m glad that I did not assume this and gone ahead but felt it appropriate to discuss over here.

@Marc thanks for detailed comments but I am preApril so Do I still need 2 Part time jobs to combine?Can't go for 1 part time for 14 Months.

Regards

ishfaqsangra wrote: ↑

Tue Oct 31, 2017 3:07 am

Thanks everyone for your very valuable input.
I m glad that I did not assume this and gone ahead but felt it appropriate to discuss over here.

@Marc thanks for detailed comments but I am preApril so Do I still need 2 Part time jobs to combine?Can't go for 1 part time for 14 Months.

Regards

Yes, it is my interpretation of the rules that 14 months part time cannot be combined to mean 7 months.

The difference between pre and post April 2014, to me, is only on the aspect whether each job has to last 12 months.

I went back to some old guidance documents and the 2014 guidance still says:
100.EXAMPLES: We would consider the following as acceptable employment:
The working hours of two part-time workers can be combined to add up to 30 hours a week or more and form the equivalent of one full-time post.

This is listed as an example, not a rule, but it is my interpretation that it was always about combining different workers.

It is possible that, in some pre April 2014 cases, the CW has just totalled up all working hours and approved such cases. They may still do that but they don't have to as per the rules. So, it is up to you take the risk.

Thanks. Marc
Not taking risk.employing full time.

Thanks to all for your comments otherwise I was not very clear

Regards

10020132 wrote: ↑

Mon Oct 30, 2017 11:56 pm

I think he will be okay with 14months part time as 7 months full time because he is Pre 2014 case

I have replied separately about my disagreement about this view. But, if you have some basis or personal experience on which this was based, it will be useful to everyone if you can share the same.

The rules/guide is not clear on this at all. So better stick to a full time employee instead

At the time of my own extension, I did it like this and It worked all fine

marcnath wrote: ↑

Mon Oct 30, 2017 11:47 pm

PeterLove2008 wrote: ↑

Mon Oct 30, 2017 8:02 pm

ishfaqsangra wrote: ↑

Mon Oct 30, 2017 7:08 pm

My extension period is from 2nd October 2017 to 2nd October 2019.
I m completing 5 years on 27th March 2019 so planning to apply ILR on 1st March.
Now the situation is I have one full time employee which will cover 17 Months till 1st March 2019(Assistant Management Advisor )
If I employ a Part time employee (16 hours a week)as Audit Assistant and if He/she continues Or position is maintained for 14 Months will it suffice the requirement As
Position 1 Full time 17 Months
Position 2 Part time 14Months=7 months full time
Total=24 Months Full time

Please suggest

Regards

Nothing wrong if pre-Apr 2014. But I would advise that you consider if one of the employee left the job, and the vacant period you have to find someone to fulfil the job. Maybe I was unlucky before, everytime when I tried to find someone to fulfill a job, it took me at least 1.5 ~2 months.

@PeterLove2008 - unfortunately, you are wrong. You can't combine 14 months of one part-time job to 7 months full time. They have to be two separate PT jobs to be combined.

@ishfaqsangra - You are right that your FT employee will give you 17 months from Oct to March. You then need two PT jobs for 7 months each if you are going to use PT employees. Of course, you can try to define the same employee as doing two different jobs but at the minimum, HO is going to ask a lot of questions about it - so definitely not the preferred choice.

@Marcnath Thanks for your attention, but I don't think I am wrong. In his case, 14 months part time can be equivalent to 7 months, with 30 hrs/week.