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Confirmation about Job hours - Pre ILR

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

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ATR
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Posts: 2
Joined: Thu Jul 05, 2018 1:56 pm
Pakistan

Confirmation about Job hours - Pre ILR

Post by ATR » Mon Nov 09, 2020 10:54 pm

Hi Moderators

Please if you can guide me and correct me

Initial T1E Visa Granted: 01/07/2014
Ext Granted: 11/04/2019
Expiry: 11/04/2021

- Extension was Granted with a delay of approx 2 years so my 5 years are done on this Visa.

Jobs Weeks / Hours Counting

30 hrs/week or more

Payslips generate every month 5th

As I was running the Business while Extension was still in process. I had Employees which were working in the meantime. I know that is not going to count. Just to be sure for April 2019 month can I claim the job from the start of the month or I can only claim it from 11th April 2020?

If Counting Job in Weeks to 52, please confirm if I am correct

Job1:

E1: 5th May 2018 - 12th Sep 2019
130 hrs + per month
from 11th April 19 to 12th Sep 2019 (22 weeks)
Can I say this job is 5 months or do I have to count it as 4 Months as Payslip generates monthly?

E2: 5th Sep 2019 - 07th Dec 2019 / 2 months
Started in Sep as an apprentice then promoted to Job E1 left from the start of Oct
130 hrs per month
(Oct and Nov = 8 weeks)
(Job Total 22 + 8 = 30)

E3: 5th Nov 2019 left 5th of Feb 2020 / 2 months
It is actually 3 Months but it is an overlap for the Month of November as E2 told me about leaving
130 hrs per month
(Counting 8 Weeks Dec + Jan )
(Job Total 30 + 8 = 38)
or
can I claim 13 Weeks or 3 months from this

Please correct me for the above.

E4: 3rd Aug 2020 - 14th Aug 2020
only did 58 hours in total
can 1 Week (30 hours) from this employee can be claimed or not

Still needs to get 14 Weeks / 4 months

Job2:

E1: 5th April 19 - 5th July 19
160+ hours per month
from 11th April till 5th of July (11 Weeks) / 2 months +

E2: 5th Feb 20 till 5th of Dec 20
160+ hours per month
(43 Weeks) / 10 Months

(Job total 43 + 11 = 54) / 10

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marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Confirmation about Job hours - Pre ILR

Post by marcnath » Thu Nov 12, 2020 4:00 pm

ATR wrote:
Mon Nov 09, 2020 10:54 pm
Hi Moderators

Please if you can guide me and correct me

Initial T1E Visa Granted: 01/07/2014
Ext Granted: 11/04/2019
Expiry: 11/04/2021

- Extension was Granted with a delay of approx 2 years so my 5 years are done on this Visa.

Jobs Weeks / Hours Counting

30 hrs/week or more

Payslips generate every month 5th

As I was running the Business while Extension was still in process. I had Employees which were working in the meantime. I know that is not going to count. Just to be sure for April 2019 month can I claim the job from the start of the month or I can only claim it from 11th April 2020?

If Counting Job in Weeks to 52, please confirm if I am correct

Job1:

E1: 5th May 2018 - 12th Sep 2019
130 hrs + per month
from 11th April 19 to 12th Sep 2019 (22 weeks)
Can I say this job is 5 months or do I have to count it as 4 Months as Payslip generates monthly?
It is 22 weeks. You can only use the employment from 11th April
ATR wrote:
Mon Nov 09, 2020 10:54 pm

E2: 5th Sep 2019 - 07th Dec 2019 / 2 months
Started in Sep as an apprentice then promoted to Job E1 left from the start of Oct
130 hrs per month
(Oct and Nov = 8 weeks)
(Job Total 22 + 8 = 30)
Correct
ATR wrote:
Mon Nov 09, 2020 10:54 pm

E3: 5th Nov 2019 left 5th of Feb 2020 / 2 months
It is actually 3 Months but it is an overlap for the Month of November as E2 told me about leaving
130 hrs per month
(Counting 8 Weeks Dec + Jan )
(Job Total 30 + 8 = 38)
or
can I claim 13 Weeks or 3 months from this

Please correct me for the above.
It is only 8 weeks. Overlap does not contribute to job creation.
ATR wrote:
Mon Nov 09, 2020 10:54 pm

E4: 3rd Aug 2020 - 14th Aug 2020
only did 58 hours in total
can 1 Week (30 hours) from this employee can be claimed or not

Still needs to get 14 Weeks / 4 months
This depends on whether the employee actually worked 30 hrs or more in one of the weeks. If they have, you can, otherwise you can't. If you are paying salaries on a weekly or monthly basis, then it is more difficult to justify.
ATR wrote:
Mon Nov 09, 2020 10:54 pm

Job2:

E1: 5th April 19 - 5th July 19
160+ hours per month
from 11th April till 5th of July (11 Weeks) / 2 months +

E2: 5th Feb 20 till 5th of Dec 20
160+ hours per month
(43 Weeks) / 10 Months

(Job total 43 + 11 = 54) / 10
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

ATR
Newly Registered
Posts: 2
Joined: Thu Jul 05, 2018 1:56 pm
Pakistan

Re: Confirmation about Job hours - Pre ILR

Post by ATR » Wed Feb 10, 2021 5:25 pm

Hi

I wanted to ask about 1 more thing

I have 2 kids born in the UK.
I, My Wife, and 2 Kids have the same visa expiration date.

I will be applying for ILR in the same month when our Visa is expiring, I wanted to confirm that do I have to apply extension for my Kids also?

User avatar
marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Confirmation about Job hours - Pre ILR

Post by marcnath » Fri Feb 12, 2021 4:08 pm

ATR wrote:
Wed Feb 10, 2021 5:25 pm
Hi

I wanted to ask about 1 more thing

I have 2 kids born in the UK.
I, My Wife, and 2 Kids have the same visa expiration date.

I will be applying for ILR in the same month when our Visa is expiring, I wanted to confirm that do I have to apply extension for my Kids also?
No, you don't need to if you intend to register them for citizenship once your ILR is approved.

However, note that they will become overstayers once their Visa expires. It will not affect their citizenship registration but it may affect other things such as access to NHS, etc when they are overstaying.
note, I am only saying "may". Not "will".
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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