Creating 2 new jobs for Tier 1 - Extension as Director of a Company

avinashindl · Post by **avinashindl** » Mon Jul 29, 2019 11:06 pm

Hi I am currently on Tier 1 (Entrepreneur) visa and I am a registered the Director of the company. I operate a care home with 48 to 50 staff. Due to the nature of the business, lot of staff left the company after we took over and we recruited new staff to fill them.

The number of staff left were 17 and the number of staff recruited since were 13, but the staff left includes part time, bank etc. Most of new staff recruited are full time and were staying with company for more than 12 months. In theory, though I am operating business with less staff than the time we took over the number of hours on every pay role increased (this may not always be proved due to use of agency staff etc). I assume in this case I cannot prove net increase in staff numbers? The company was in administration when we took over so in theory we saved all 50 employees, not sure if this accounts for anything?

Could you please advice how can I prove 2 new jobs creation in this case.

Are all the new staff started after we took over considered for 2 new jobs created?

Am I compliant for an extension in this situation etc.

Your help is much appreciated

Kind regards

zimba · Post by **zimba** » Tue Jul 30, 2019 12:46 am

When you take over an existing business, you should show a NET increase of at least two positions/roles. So in order to score points you must replace all the people who left their positions and also create two new positions on top of that and maintain this for 12 months to score points

marcnath · Post by **marcnath** » Tue Jul 30, 2019 2:05 pm

avinashindl wrote: ↑
Mon Jul 29, 2019 11:06 pm
Hi I am currently on Tier 1 (Entrepreneur) visa and I am a registered the Director of the company. I operate a care home with 48 to 50 staff. Due to the nature of the business, lot of staff left the company after we took over and we recruited new staff to fill them.

The number of staff left were 17 and the number of staff recruited since were 13, but the staff left includes part time, bank etc. Most of new staff recruited are full time and were staying with company for more than 12 months. In theory, though I am operating business with less staff than the time we took over the number of hours on every pay role increased (this may not always be proved due to use of agency staff etc). I assume in this case I cannot prove net increase in staff numbers? The company was in administration when we took over so in theory we saved all 50 employees, not sure if this accounts for anything?

Could you please advice how can I prove 2 new jobs creation in this case.

Are all the new staff started after we took over considered for 2 new jobs created?

Am I compliant for an extension in this situation etc.

Your help is much appreciated

Kind regards

That is a complex situation. As Zimba mentioned you need to show a NET increase of at least two FT equivalent jobs.

So, what you need to do is to check how many FT equivalent jobs the 17 employees who left were (assuming almost all of them were part time) and similarly how many FT equivalent the 13 employees represent. If the difference is more than 2 FT equivalent, then you should be ok.

It will not be a straightforward case so you should make your calculations and arguments clear in your application.

avinashindl · Post by **avinashindl** » Tue Jul 30, 2019 7:25 pm

I was worrying about the same! Many thanks for your help and advise...

Kind regards

A

avinashindl · Post by **avinashindl** » Tue Jul 30, 2019 8:06 pm

Zimba wrote: ↑
Tue Jul 30, 2019 12:46 am
When you take over an existing business, you should show a NET increase of at least two positions/roles. So in order to score points you must replace all the people who left their positions and also create two new positions on top of that and maintain this for 12 months to score points

Hi many thanks for your reply both. I just gone through my payroll. Apart from total staff numbers, total hours we pay on payroll have increased from 4800 to 5200 average since last year November.

We are a care home hence we pay hourly basis, and contracts of employees will show 30 hours of 40 pew etc. if they say min of 30 hours each that is equal to 60 hrs pw and 240 hrs per 4 weeks. So an increase in hours from 4800 to 5200 for 12 consecutive months satisfy creating 2 full time jobs! Please advise.

Kind regards

zimba · Post by **zimba** » Wed Jul 31, 2019 12:10 am

Job creation is not about aggregate hours. It is about roles/positions created. A full time job is 30 hours per week and any extra hours will be disregarded in that position

marcnath · Post by **marcnath** » Wed Jul 31, 2019 7:46 am

avinashindl wrote: ↑
Tue Jul 30, 2019 8:06 pm

Zimba wrote: ↑
Tue Jul 30, 2019 12:46 am
When you take over an existing business, you should show a NET increase of at least two positions/roles. So in order to score points you must replace all the people who left their positions and also create two new positions on top of that and maintain this for 12 months to score points
Hi many thanks for your reply both. I just gone through my payroll. Apart from total staff numbers, total hours we pay on payroll have increased from 4800 to 5200 average since last year November.

We are a care home hence we pay hourly basis, and contracts of employees will show 30 hours of 40 pew etc. if they say min of 30 hours each that is equal to 60 hrs pw and 240 hrs per 4 weeks. So an increase in hours from 4800 to 5200 for 12 consecutive months satisfy creating 2 full time jobs! Please advise.

Kind regards

It doesn't work that way.

You would need to define each FT equivalent job, assign employees to each to maintain 30 hrs/week for 104 weeks (ignoring anything more than 30 as Zimba pointed out) to determine exactly how many FT jobs were there before and after. That effort is worth doing as you can use it to present that in your application to justify the increase (if you have such an increase)

avinashindl · Post by **avinashindl** » Wed Jul 31, 2019 9:23 pm

Many thanks Marknath and Zimbabwe

Your guidance really helped to prepared me for planning my extension application ahead. It is actually due in an year from now. I checked the first 3 moths Rota, and current Rota. Our care staff numbers increased from 15 to 19 as one evidence. And the payroll increased since fifth month since we took over. So all new staff we hired have a full time contracts and on payroll continuously. I think I can prove that our net staffing increased! though the total numbers are low. When I looked in to more detail I realised majority staff left are part times and long term sick staff. So our full time staff numbers increased more than 5. Hope I can argue submitting their contracts and total earned etc. I will try to submit the application through a solicitor I think with clear explanation of the case.

I believe it do not need to be new job roles/titles? Please advise if there is anything I could do to be on more safer side in the coming year before my extension.

Many thanks

Kind regards

Avinash

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Creating 2 new jobs for Tier 1 - Extension as Director of a Company

Creating 2 new jobs for Tier 1 - Extension as Director of a Company

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Re: Creating 2 new jobs for Tier 1 - Extension as Director of a Company

Re: Creating 2 new jobs for Tier 1 - Extension as Director of a Company

Re: Creating 2 new jobs for Tier 1 - Extension as Director of a Company

Re: Creating 2 new jobs for Tier 1 - Extension as Director of a Company

Re: Creating 2 new jobs for Tier 1 - Extension as Director of a Company

Re: Creating 2 new jobs for Tier 1 - Extension as Director of a Company