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Job creation/No of hours creted

Only for UK Tier 1 (Entrepreneur) points system

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kim001
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Job creation/No of hours creted

Post by kim001 » Thu Jun 29, 2017 12:43 pm

Greetings to all the respected members on this forum as well as all the general users.
I am about to apply for the extension of my T1 Ent visa. I fall under the post April 2014 category.

The HO requirement is that I need to create 2 full time employments, and each must exist for at least 12 months.

I want to claim points for the 2 jobs using 3 employees details below:

Job 1 :

Employee 1: Jan 16 - May 16 Full Time 5months (120 hrs / month) = 600hrs
Employee 2: Jan 16 - March 16 Part Time 1.5 months (60 hrs / month) = 180hrs
Employee 3: Sept 16 - March 17 Full Time 7months (130hrs / month) = 910hrs

Job existed for 12 months, however, 13.5 months of employment was created with a total of 1735hrs.
Also, there was a break between May and Sept

Job 2:
Employee 1: June 16 - July 16 Full Time 2months (120 hrs / month) = 240hrs
Employee 1: Aug 16 - May 17 Full Time 10 months (130 hrs / month) = 1300hrs
Employee 3: April 17 - May 17 Full Time 1.5 months (130hrs + 65hrs) = 195hrs

Job also existed for 12 months, however, 13.5 months of employment was created totalling 1690 hours
My concerns are as follows:
- I have used the same employee for the 2 jobs, is this correct?
- I have also created 13.5 months of employment for each job, will HO count all the months or will they just pick 12 months?

Because of the technicality and the peculiarity of my case, I will appreciate if ZIMBA88 can have a critical look at this and advice using specific HO rule that this will be OK.

Thank you.

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Zimba
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Re: Job creation/No of hours creted

Post by Zimba » Thu Jun 29, 2017 2:45 pm

Job 1 :

Employee 1: Jan 16 - May 16 Full Time 5months (120 hrs / month) = 600hrs
Employee 2: Jan 16 - March 16 Part Time 1.5 months (60 hrs / month) = 180hrs
Employee 3: Sept 16 - March 17 Full Time 7months (130hrs / month) = 910hrs

Job existed for 12 months, however, 13.5 months of employment was created with a total of 1735hrs.
Also, there was a break between May and Sept
You can claim points only if your first employee worked full time at least 5 months and the third one worked full time for at least 7 months in this position. You need 52 weeks of full time employment in total in one position. Any work below 30 hours a week is not full time.
Job 2:
Employee 1: June 16 - July 16 Full Time 2months (120 hrs / month) = 240hrs
Employee 1: Aug 16 - May 17 Full Time 10 months (130 hrs / month) = 1300hrs
Employee 3: April 17 - May 17 Full Time 1.5 months (130hrs + 65hrs) = 195hrs
You can claim employee 1 and 2 in this position if they worked full time for 12 months or in total 52 weeks, no overlapping. Third employee cannot be used. Hours calculation is pointless.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

scholar 1
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Re: Job creation/No of hours creted

Post by scholar 1 » Thu Jun 29, 2017 3:15 pm

I doubt if you can use same person for the two positions except you are pre April 2014. Its a dicey situation.
For the jobs, I think you should be ok. Job 1 you can use the first and last employees as they both lasted for one year with minimum acceptable 120 hours per month. You don't need the part time employee. The hours are not needed post 2014 as long as the jobs last for 12 months each. I think job 2 is also ok, you don't need to match as long as they are full time (30 hours a week/120hrs per month) you are fine.

kim001
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Re: Job creation/No of hours creted

Post by kim001 » Thu Jun 29, 2017 5:03 pm

zimba88 wrote:
Job 1 :

Employee 1: Jan 16 - May 16 Full Time 5months (120 hrs / month) = 600hrs
Employee 2: Jan 16 - March 16 Part Time 1.5 months (60 hrs / month) = 180hrs
Employee 3: Sept 16 - March 17 Full Time 7months (130hrs / month) = 910hrs

Job existed for 12 months, however, 13.5 months of employment was created with a total of 1735hrs.
Also, there was a break between May and Sept
You can claim points only if your first employee worked full time at least 5 months and the third one worked full time for at least 7 months in this position. You need 52 weeks of full time employment in total in one position. Any work below 30 hours a week is not full time.
Job 2:
Employee 1: June 16 - July 16 Full Time 2months (120 hrs / month) = 240hrs
Employee 1: Aug 16 - May 17 Full Time 10 months (130 hrs / month) = 1300hrs
Employee 3: April 17 - May 17 Full Time 1.5 months (130hrs + 65hrs) = 195hrs
You can claim employee 1 and 2 in this position if they worked full time for 12 months or in total 52 weeks, no overlapping. Third employee cannot be used. Hours calculation is pointless.
Thank you for your prompt response.
For job 1, the reason I have decided to include employee 2 with 1.5 month is because of the 1560 number of hours requirement. Employee 1 worked for 5 months but 120hrs per month (600). Employee 3 worked for 7month at 130hrs per month (910). The total hours will then be 1510, which is 50hrs less than 1560


For job 2, employee 1 worked for 12 months but 2 months at 120hrs per month (240) and the rest 10 months at 130hrs per month (1300hrs) total hours is 1540 which is also 20 hours less than 1560.

I think if I submit everything, HO will extract what they want, what do you think?

Can add another question please, if my timesheet was done on monthly basis and my employees work for 120 per month, this will give a total of 1440 hrs, will this be alright?

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marcnath
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Re: Job creation/No of hours creted

Post by marcnath » Thu Jun 29, 2017 6:02 pm

kim001 wrote: The HO requirement is that I need to create 2 full time employments, and each must exist for at least 12 months.

I want to claim points for the 2 jobs using 3 employees details below:

Job 1 :

Employee 1: Jan 16 - May 16 Full Time 5months (120 hrs / month) = 600hrs
Employee 2: Jan 16 - March 16 Part Time 1.5 months (60 hrs / month) = 180hrs
Employee 3: Sept 16 - March 17 Full Time 7months (130hrs / month) = 910hrs

Job existed for 12 months, however, 13.5 months of employment was created with a total of 1735hrs.
Also, there was a break between May and Sept
As Zimba pointed out, do not calculate based on hours. In fact, don't count months either.
While the guidelines has a reference to 120 hours/month (which I think is incorrrect), the law only refers to 30 hours/week.
What you need is 52 weeks of 30 hours each.
It is not clear from the above whether you meet the requirement. Depending on how the employees have actually worked, it can be either way.

kim001 wrote:Job 2:
Employee 1: June 16 - July 16 Full Time 2months (120 hrs / month) = 240hrs
Employee 1: Aug 16 - May 17 Full Time 10 months (130 hrs / month) = 1300hrs
Employee 3: April 17 - May 17 Full Time 1.5 months (130hrs + 65hrs) = 195hrs

Job also existed for 12 months, however, 13.5 months of employment was created totalling 1690 hours
This is easier and it looks like you will meet the requirement easily unless you had some odd working hours of 40 or 45 hours in a week.
kim001 wrote:My concerns are as follows:
- I have used the same employee for the 2 jobs, is this correct?
Nothing in the rules that I can see as stopping you from doing that. However, UKVI has the right to question the justification if the nature of the jobs are different.
kim001 wrote:- I have also created 13.5 months of employment for each job, will HO count all the months or will they just pick 12 months?

Because of the technicality and the peculiarity of my case, I will appreciate if ZIMBA88 can have a critical look at this and advice using specific HO rule that this will be OK.

Thank you.
As mentioned, ignore months. HO will most probably look at weeks.
kim001 wrote:if my timesheet was done on monthly basis and my employees work for 120 per month, this will give a total of 1440 hrs, will this be alright?
Just repeating - ignore TOTAL hours, months. Look at hours/week. HO uses the start/end date and hourly wage in your form to calculate the number of hours/days/weeks. But the exact detail of how they calculate is not know.
But here are some examples as to how I think it works:
If you report 120 hours for the month of Jan (which has 31 days), you will only get 4 weeks. If you have an employee working 1st Jan to 31st Dec, 120 hours each month, you will only get 48 weeks, so will fall short by 4 weeks.
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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