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Job creation: two part time jobs vs job share

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ekbe01
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Re: Job creation: two part time jobs vs job share

Post by ekbe01 » Fri Mar 22, 2019 7:34 pm

Dear forum,
A question about Sick Leave and Statutory Sick Pay.

A part-time employee (15h a week) was sick for a week. He'll be getting SSP for all the qualifying days except for the first 3 ‘waiting days’. The total amount this employee will receive this month will be lower than normal. Three days of his sick leave will be unpaid and 4 days will be paid based on £92.05 a week.

How does the Home Office look at it and will I be able to claim a half-time job with 15h a week for this month? The job exists, the position is filled, this person is still an employee but if the Home Office simply takes the Gross salary from the Payslip and divides it by the 'normal' hourly rate the number of hours this month will be below 15/week and I won't have enough hours this month to claim one full-time job (combined with another 15h part-time job).

Sick pay is only mentioned in the Guidance in relation to genuine self-employment.
Are there other cases?
I will v much appreciate your help.

p.s. also, can I pay SSP at all if the employee is not submitting an SC2 form? He informed the company he was sick but no paperwork yet )
Thank you!

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marcnath
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Re: Job creation: two part time jobs vs job share

Post by marcnath » Sat Mar 23, 2019 7:52 am

This would be an exception to the simple calculation of pay/hourly rate. You will need to explain in a cover letter but, in my opinion, should qualify for the same hours as when not on sick leave.
There was at least one case shared here where HO refused initially but accepted (in AR) that maternity leave was qualifying for job calculation.
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.

ekbe01
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Posts: 61
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Job creation: two part time jobs vs job share

Post by ekbe01 » Wed Mar 27, 2019 8:48 pm

Thank you very much! You're always very very helpful.

Dear forum, just in case can I ask you to have a look at the payslips (re situation discussed below)? Do you think this is a correct way to reflect an employee's 7 day sick leave? Part-time employee, 15h/week. The total hours paid this month are 50 (not 65) plus there's an SSP report.
I'll much appreciate your help!

Normal payslip:
Pay Period Feb-2019
Pay Date 05-Mar-2019
Pay Type Monthly
Payment Method BACS
Works Number 2
Payments
Rate 1
Hours 65.00
Rate 8.00
Amount 520.00

Total Hourly Pay 520.00
Total Payments 520.00
Deductions Income Tax 0.00
National Insurance 0.00
Total Deductions 0.00
Net Pay 520.00

March payslip
Pay Period Mar-2019
Pay Date 05-Apr-2019
Pay Type Monthly
Payment Method BACS
Works Number 2
Payments
Rate 1
Hours 50.00
Rate 8.00
Amount 400.00

Total Hourly Pay 400.00
SSP added 36.82
Total Payments 436.82
Deductions Income Tax 0.00
National Insurance 0.00
Total Deductions 0.00
Net Pay 436.82

Sickness Report SSP1
Sick Date / Status / Work days in week / SSP Due / Pay Period / SSP paid in period / Linked SSP weeks
Thu 14-Mar-2019 / Waiting day 1 (PIW not linked)
Fri 15-Mar-2019 / Waiting day 2
Sat 16-Mar-2019 / Not a normal working day
Sun 17-Mar-2019 / Not a normal working day
Mon 18-Mar-2019 / Waiting day 3
Tue 19-Mar-2019 / SSP payable on 05-Apr-2019 / 5 / 18.41 / 12 / 18.41 / 0.20
Wed 20-Mar-2019 / SSP payable on 05-Apr-2019 / 5 / 18.41 / 12 / 18.41 / 0.20

ekbe01
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Posts: 61
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Job creation: two part time jobs vs job share

Post by ekbe01 » Thu Jul 18, 2019 8:52 pm

Dear forum,
I have a part-time employee (15h/week) who is a UK-based UK citizen.
She's just got a 6-month contract in the US (30 or 35h/week) and will be moving to the US for 6 months. After that, she's going to come back to the UK.
My business is an online database so the work can be done online from anywhere in the world, we do not have an office. She would like to continue working for me.

Question: Will these 6 months count towards job creation? Will this person be considered as "settled" in the UK?
Thank you!

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marcnath
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Re: Job creation: two part time jobs vs job share

Post by marcnath » Fri Jul 19, 2019 9:33 am

ekbe01 wrote:
Thu Jul 18, 2019 8:52 pm
Dear forum,
I have a part-time employee (15h/week) who is a UK-based UK citizen.
She's just got a 6-month contract in the US (30 or 35h/week) and will be moving to the US for 6 months. After that, she's going to come back to the UK.
My business is an online database so the work can be done online from anywhere in the world, we do not have an office. She would like to continue working for me.

Question: Will these 6 months count towards job creation? Will this person be considered as "settled" in the UK?
Thank you!
If the salary is being paid in the UK, with a UK address on the payslip and all NI, etc. is paid, I suspect it can be counted.
However, there is a bit of grey area in the definition of "settled" and it is possible for HO to claim the person is not "settled" in the UK if she is living abroad, so it is possibly safer to assume it won't be counted.
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.

ekbe01
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Posts: 61
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Job creation: two part time jobs vs job share

Post by ekbe01 » Fri Jul 19, 2019 10:10 am

thank you.

ekbe01
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Re: Job creation: two part time jobs vs job share

Post by ekbe01 » Sat Jul 20, 2019 11:06 am

A question about a vacation an, n employee's own expense, any potential problems there? An employee would like to take a one month vacation, his holiday fund balance will only cover a half of it. Total amount paid for the month will be smaller than normal (he's full-time 30h/week).
Will this month be counted as a full-time job? How shall this be reflected in the payslip?
Thank you!

ekbe01
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Re: Job creation: two part time jobs vs job share

Post by ekbe01 » Sat Jul 20, 2019 11:10 am

also, sick leave and SSP,
total number of hours in the payroll may be below 130/month for a full-time employee because the person took sick leave, how shall this be explained in the paperwork?
Thank you!

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marcnath
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Re: Job creation: two part time jobs vs job share

Post by marcnath » Sat Jul 20, 2019 11:38 am

The immigration rules only require that the job be created.
So, all of the above should be ok. Explain clearly in your cover letter.
But, if you have created two jobs wherein half a month of holidays is going to make a difference in the three years, HO may dig deeper into genuineness.
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.

ekbe01
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Posts: 61
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Job creation: two part time jobs vs job share

Post by ekbe01 » Sat Jul 20, 2019 12:05 pm

Thank you!
marcnath wrote:
Sat Jul 20, 2019 11:38 am
But, if you have created two jobs wherein half a month of holidays is going to make a difference in the three years, HO may dig deeper into genuineness.
Not sure I understand this bit...

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marcnath
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Re: Job creation: two part time jobs vs job share

Post by marcnath » Sat Jul 20, 2019 2:14 pm

ekbe01 wrote:
Sat Jul 20, 2019 12:05 pm
Thank you!
marcnath wrote:
Sat Jul 20, 2019 11:38 am
But, if you have created two jobs wherein half a month of holidays is going to make a difference in the three years, HO may dig deeper into genuineness.
Not sure I understand this bit...
Your question seems to indicate that if the employee's sick leave is not counted, you may have a challenge meeting the 12 month requirement. i.e. this employee/job existed for exactly 12 months, not even 12 and a half months. Normally businesses don't have jobs that exist for exactly 12 months, so HO would look at whether this is truly genuine job creation.
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.

ekbe01
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Posts: 61
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Job creation: two part time jobs vs job share

Post by ekbe01 » Sat Jul 20, 2019 2:40 pm

marcnath wrote:
Sat Jul 20, 2019 2:14 pm
Your question seems to indicate that if the employee's sick leave is not counted, you may have a challenge meeting the 12 month requirement
Correct with this job.
But the employment is genuine.

ekbe01
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Russia

Re: Job creation: two part time jobs vs job share

Post by ekbe01 » Sun Dec 01, 2019 6:37 pm

Dear forum,
(1) a question about sick leave.
An employee had a one-week sick leave, SSR was paid based on 18.91 per day but the first 4 days were unpaid.
The total amount paid per month was smaller than usual. If the Home Office simply takes the total amount paid and divides it by the hourly rate, the total number of hours will be below 30/week.
Question: how should the sick leave be explained and proved by documents? The payslip only has a total amount of SSR and does not include 4 days.

(2) Unpaid annual leave.
An employee took an annual leave which was just slightly over the holiday pay balance (a small portion of it at his own expense). The total amount paid per month is just slightly smaller. Again, if the Home Office divides the total amount by the hourly rate, the total number of hours will be below 30/week (118 hours with a minimum 120 to qualify as full-time).
Questions: how to explain this? Will the HO consider that the minimum number of hours per month are not met to qualify as a full-time position?
The job is created based on 130h/month.

Thank you!

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marcnath
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Re: Job creation: two part time jobs vs job share

Post by marcnath » Sun Dec 01, 2019 7:05 pm

ekbe01 wrote:
Sun Dec 01, 2019 6:37 pm
Dear forum,
(1) a question about sick leave.
An employee had a one-week sick leave, SSR was paid based on 18.91 per day but the first 4 days were unpaid.
The total amount paid per month was smaller than usual. If the Home Office simply takes the total amount paid and divides it by the hourly rate, the total number of hours will be below 30/week.
Question: how should the sick leave be explained and proved by documents? The payslip only has a total amount of SSR and does not include 4 days.

(2) Unpaid annual leave.
An employee took an annual leave which was just slightly over the holiday pay balance (a small portion of it at his own expense). The total amount paid per month is just slightly smaller. Again, if the Home Office divides the total amount by the hourly rate, the total number of hours will be below 30/week (118 hours with a minimum 120 to qualify as full-time).
Questions: how to explain this? Will the HO consider that the minimum number of hours per month are not met to qualify as a full-time position?
The job is created based on 130h/month.

Thank you!
In both cases, since the job existed and is a qualifying job, they should be counted. You would just need to add that information in the cover letter
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.

ekbe01
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Posts: 61
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Job creation: two part time jobs vs job share

Post by ekbe01 » Sun Dec 01, 2019 10:36 pm

Thank you, Marcnath.

ekbe01
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Joined: Mon Sep 21, 2015 7:17 pm
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Re: Job creation: two part time jobs vs job share

Post by ekbe01 » Mon Dec 02, 2019 11:16 pm

Dear Forum,
I'm a bit confused about who's signing the company's accounts.
Home Office:
Businesses that are not required to produce audited accounts must provide:
- unaudited accounts, sometimes called management accounts; and
- an accounts compilation report from a suitably regulated accountant, who is not you (the applicant).
The accounts must clearly show the name of the accountant [.....]. The accounts must be prepared and signed off by the accountant, who is not you (the applicant), in accordance with statutory requirements.
Accounts are usually approved by the board and signed by the company director. Should the accountant's signature be there instead of the director or in addition to the director's signature?
The accounts compilation report is already added to the accounts so I'm not sure where else I put the accountant's signature.

Also, do I need a copy of the accountant's license (a proof of the registration or permission of the accountant to operate in the UK)? What will prove their membership in ACCA?

Thank you!

p.s. this thread is no longer limited to "two part time jobs vs job share" but covers various questions about my applications, how can I rename it?

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marcnath
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Re: Job creation: two part time jobs vs job share

Post by marcnath » Tue Dec 03, 2019 10:37 pm

ekbe01 wrote:
Mon Dec 02, 2019 11:16 pm
Dear Forum,
I'm a bit confused about who's signing the company's accounts.
Home Office:
Businesses that are not required to produce audited accounts must provide:
- unaudited accounts, sometimes called management accounts; and
- an accounts compilation report from a suitably regulated accountant, who is not you (the applicant).
The accounts must clearly show the name of the accountant [.....]. The accounts must be prepared and signed off by the accountant, who is not you (the applicant), in accordance with statutory requirements.
Accounts are usually approved by the board and signed by the company director. Should the accountant's signature be there instead of the director or in addition to the director's signature?
The accounts compilation report is already added to the accounts so I'm not sure where else I put the accountant's signature.

Also, do I need a copy of the accountant's license (a proof of the registration or permission of the accountant to operate in the UK)? What will prove their membership in ACCA?

Thank you!

p.s. this thread is no longer limited to "two part time jobs vs job share" but covers various questions about my applications, how can I rename it?
1. Accountant's signature is only needed in the compilation report.
2. No need for accountant's licence - they can check it themselves.
3. You cannot rename the topic and there is no need to do that
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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