Entrepreneur Extension

Hello members,
I need urgent help regarding Entrepreneur Extension and regarding two full time jobs hours calculation , although I read forum’s remarks where many peoples had same issue but at last they got their visas.

My application is post April 2014 rules,
I created two full time jobs and paid them monthly, one was in 2016,2017 and worked 14 months and other worked 2017,2018 and worked same 14 months,
Now the point where i need help is,
One employee worked above 130 hours per month whole year and other employee worked below 130 hours per month and above 120 hours per month whole year.
My accountant and solicitor are still satisfied and they saying it should be fine as in new online form it still mentioned 30hours/ week or 120hours/ month.

I am sending my application mid of Feb and still I have more than 20days, so I can discuss with both solicitor and accountant.
Regards
R Zulfi

R Zulfi wrote: ↑

Sat Jan 19, 2019 12:42 pm

Hello members,
I need urgent help regarding Entrepreneur Extension and regarding two full time jobs hours calculation , although I read forum’s remarks where many peoples had same issue but at last they got their visas.

My application is post April 2014 rules,
I created two full time jobs and paid them monthly, one was in 2016,2017 and worked 14 months and other worked 2017,2018 and worked same 14 months,
Now the point where i need help is,
One employee worked above 130 hours per month whole year and other employee worked below 130 hours per month and above 120 hours per month whole year.
My accountant and solicitor are still satisfied and they saying it should be fine as in new online form it still mentioned 30hours/ week or 120hours/ month.

I am sending my application mid of Feb and still I have more than 20days, so I can discuss with both solicitor and accountant.
Regards
R Zulfi

Not sure what your question. You have professional advice and you can't make any changes, even if it is needed, in 20 days.

Thanks for your advice and reply..
Actually my question is about 2nd employee’s hour where I paid 120 or above 120 hours whole year and total paid number of hours in year are 1511.
Is that okay?
1st employee i paid above 130 hours whole year.

R Zulfi wrote: ↑

Sat Jan 19, 2019 8:18 pm

Thanks for your advice and reply..
Actually my question is about 2nd employee’s hour where I paid 120 or above 120 hours whole year and total paid number of hours in year are 1511.
Is that okay?
1st employee i paid above 130 hours whole year.

Total hours is irrelevant.

The immigration rules does not define number of hours per month for identifying FT or PT. The only definition is 30 hrs/week.

120 hrs/month has been in guidance and in the form. HO did start to impose 130 hrs/week as that is the correct interpretation of 30 hrs/week and rejected a few applicants who only showed between 120 an 130 hrs per month. It was overturned in AR based on the guidance and application form. HO then had updated both of those to reflect 130 hrs/month.

Obviously, they have slipped up now and the 120 hrs/month seems to be back in the online form (possibly because work on that started way before they made the corrections).

Your solicitor obviously believes they can argue based on the mistake in the online form - I am no legal expert but I think it is tough to argue that the form overrides the immigration rules - especially when it is a solicitor (who should know the rules) that prepares your application.

The consolation is that, if you are refused, you can possibly sue your solicitor for giving you wrong advice. But hopefully, you will be successful and it will go through ok. It would be a good idea to get that solicitor opinion in writing.

Thanks for your reply and advice #Marcnath

I confirmed from my solicitor many times and every time he said don’t worry it be fine and we can get Extension easily. He opened form in my presence and showed that online form where 30hours/ week and 120hours/ month clearly mentioned and discussed previous form which HO withdrawal now and he said it was same on that form as well.
Then I spoke to my accountant and he stated same. Now I don’t want to take any risk and don’t want to waste my time as well as money.

One of forum member says even if I want to do change I can’t cz 20 days are not enough for any changes. Is it right??

Any other solutions if any expert and gurus can suggest, please please let me know I don’t want to take risk...

Many thanks