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This is not clear. If he has already worked for 12 months, why would you need an extra month ? In fact, your text implies that he has already worked for 13 months - 12 months before sick leave and 1 month afterzamaha wrote: ↑Mon Jan 20, 2020 2:31 amHi dear members
I have questions that will appreciate your help Especially dear Zimba in advance.
My current visa is T1 Ent and valid until Feb 2021 but I’ll be applying for set LR in April. To ensure no surprise won’t be there I want to stick with all the rules, in case I had to extend my current visa.
Now my situation:
I had one full time employee who worked for me for 12 months, however for personal reason he asked for one month unpaid leave, which I accepted. But after that he Came back only for a month and then, left the company. I believe I need to employ one full time employee for at least a month to cover one full time job? Is that right?
You will meet the immigration requirements if you employ three of them at 10hrs/week each for 12 months.zamaha wrote: ↑Mon Jan 20, 2020 2:31 amAlso, I have 3 people working for me as self-employed. I know it will not consider as job creation. As their schedule is not fixed and they are working at other places too, they are happy to be in charge of their schedule and be self-employed. And I don’t want to loose them. Is it ok to employ all 3 of them as part-time employee each for at least 10 hours a week (at least 30 hours in total) without fixed schedule (and pay them through PAYE). And then, pay for their extra hours they are working separately as self-employed?
They are all working the same job for me and their schedules cover each other. Although, they have different qualifications, but they are all qualified for the job I am asking for and have the same job title.
Is all ok? I appreciate your help
In the strict reading of the rules, you should still meet the requirements as the JOB lasted for more than 12 months, irrespective of the fact that there was no employee filling that period. However, given that they calculate hours as salary paid/hourly wage, HO could reject it. It is safer to hire someone for a minimum of 2 weeks more.zamaha wrote: ↑Mon Jan 20, 2020 9:30 amThank you dear for your kind reply.
The person worked for me 12months+2weeks including one month without pay. Sorry if it was confusing.
Re the three employees, you are right. I checked IR35 and they cannot be employee and self-employed for the same job.
Now I was wondering if it is possible to employ them and pay them on hourly basis through payroll instead of having a fixed monthly salary? On the condition of each of them works at least 10 hours a week? Is it gonna meet the home office requirements?
I know then holiday pay will be based on the amouunt of their last pays.
Yes it does. As long as the total for EVERY week exceeds 30. (or for every month it exceed 130, if being paid monthly).zamaha wrote: ↑Mon Jan 20, 2020 7:06 pmThank you for your clear respond.
Just one more thing:
In rules it is only said one full time job for 30h/w or its equivalent. As in hourly contract, the time each employee works is different each week; let’s say:
Week 1:
Employee A: 5hours
Employee B: 10 hours
Employee c: 20 hours
Week 2:
Employee A: 25 hours
Employee B: 10 hours
Employee C: 0
Is it still count as one full time job as the job per se is over 30 hours per week? Can it be explained in the application form? Thanks
Job creation is only a requirement under SET(O). SET(LR) is based on long residence and the Tier 1E requirements do not applyzamaha wrote: ↑Thu Jan 23, 2020 1:17 amThank you dear
Your advice was so helpful. So it doesn’t matter how many employees fill that 130 hours per month or if one of them leaves the company, as long as the jobs lasts for 12 months and payrolls show that min 130 hours per month have been paid for it, everything is fine?
Just one more thing, I am doing all these as precaution,
But for SEL LR, do I need that? Is it a condition if T1 Ent visa that I need to stick to? So, for example, by the time I will apply for SET LR, only 9 months has been left from my current visa; if I don’t have a full time employees can they reject my SET application because of that?
Thank you
You must create at least TWO roles that existed EACH 12 months. There is no requirement for them to be continuous as long as they existed for 12 months EACH
If they were not employed at the same time, you need to be prepared to explain why they are two different jobs ? HO is likely to consider one of them as the replacement of the other in the same job, meaning it would only be considered to be 1 JOBzamaha wrote: ↑Thu Jan 30, 2020 1:02 amThank you dear Zimba
Could you plz kindly answer my above first and second questions as well?
And having two roles both consultant, is it ok? Let’s say job title: consultant 1 and 2.
I have a receptionist as well but he is not a settled person so I am not claiming point for that.
Thank you
If employee 1 works in Jan and then April, but the other two work from Feb, you run the risk that HO would consider Feb, March to be just a different employee in the same job.
Unfortunately, if you only need one job, then you do not meet the requirements. Part of the qualification requirements for Tier 1 is that businesses that are created have a need for two jobs.