Job creation requirements

Hi 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?

Also, 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

zamaha wrote: ↑

Mon Jan 20, 2020 2:31 am

Hi 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?

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 after

zamaha wrote: ↑

Mon Jan 20, 2020 2:31 am

Also, 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

You will meet the immigration requirements if you employ three of them at 10hrs/week each for 12 months.
However, on the issue of hiring them as an employee as well as a contractor is something that you should discuss with other suitable professionals such as an HR consultant. You could fall foul of the IR35 rules but I am no expert on that

Thank 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.

zamaha wrote: ↑

Mon Jan 20, 2020 9:30 am

Thank 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.

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.

There is no problem in employing them on a hourly contract.

Thank 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

zamaha wrote: ↑

Mon Jan 20, 2020 7:06 pm

Thank 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

Yes it does. As long as the total for EVERY week exceeds 30. (or for every month it exceed 130, if being paid monthly).

As long as each employee is working for 12 months continuously, there should be no need to explain it separately. But if the months are not continuous, then you may want to add another table showing which months you want to add up to make it 130 each month.

Thank 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

zamaha wrote: ↑

Thu Jan 23, 2020 1:17 am

Thank 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

Job creation is only a requirement under SET(O). SET(LR) is based on long residence and the Tier 1E requirements do not apply

Thank you dear Zimba
I cannot wait to get over with all these rules and conditions hopefully soon.

Hi dear Zimba and all other members
I will appreciate if someone can help me with my question.

As I said before, I am about to employ 3 different people. However, they won’t be part-time workers with specific and fixed working hours.
As I was searching, I realised that the type of contract that I will have with them will be “ZERO-HOUR CONTRACT” in which they can choose their working hours and I am not obliged to provide them with fixed hours and wages.
Although, I will make sure that 3 of them together works at least 130 hours per month (however, the amount they each will work will be different each month).

Is this type of agreement acceptable by HO? As in guidance they only say full-time or part-time employees?
What will happen if one employee goes on holiday for a month without pay (as it is more that holiday entitlement) so his payslip will be zero but the other two work for 30 hours a week?
Thank you

Also, The job title of all of them is consultant. They are all doing the same job but they have different qualification.
I had another full-time employee last year who worked 12 month (including one month unpaid holiday he asked for). His job title was also a consultant.
Can I claim points for two job consultant 1 and 2, although they are not happening at the same time?

What you mean by each employee works for 12 months CONTINUOUSLY. So if one employee leaves or doesn’t work for a month or two, but the other two work so still in total the job hours exceed 130, is it fine?

zamaha wrote: ↑

Thu Jan 30, 2020 12:25 am

What you mean by each employee works for 12 months CONTINUOUSLY. So if one employee leaves or doesn’t work for a month or two, but the other two work so still in total the job hours exceed 130, is it fine?

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

Thank 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

zamaha wrote: ↑

Thu Jan 30, 2020 1:02 am

Thank 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 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 JOB

zamaha wrote: ↑

Thu Jan 30, 2020 12:25 am

What you mean by each employee works for 12 months CONTINUOUSLY. So if one employee leaves or doesn’t work for a month or two, but the other two work so still in total the job hours exceed 130, is it fine?

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.

Which is why you should have a separate table in which you show how you want the jobs added up i.e. you want the two employees in Week 5 (feb) added to employee 1 in April (week 13) and so on.

Thank you dear
But the nature of my business is like this. I only need consultant. So you mean I need to create two full-time jobs at the same time?
Can I just change the job title to something near in nature but in paper two different titles?
Thank you

zamaha wrote: ↑

Fri Feb 14, 2020 8:16 pm

Thank you dear
But the nature of my business is like this. I only need consultant. So you mean I need to create two full-time jobs at the same time?
Can I just change the job title to something near in nature but in paper two different titles?
Thank you

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.