T1 Ext - Max Monthly hrs & Basic pay Query

tier1in2014 · Post by **tier1in2014** » Wed Dec 14, 2016 1:24 pm

Hi,
1. Is there such a rule for whats the maximum number of hrs one employee can work per month . Some of our employee has worked with us over 200 hrs month working 6 days week and doing some paper work even after office hrs which was the part of the contract between us and employee to work extra and get paid . Shell we submit the copy of emplacement contract also .

2. One of our old employee was working part time for us and on basic pay . Payslips for this employee does not shows Number of hrs and hourly pay rate . Can we use these payslips as again on the employee contract we had terms at which rate and number of hrs will be working for us . this was back in 2014 so was not aware of that many requirements will need on payslip format . can we just calculate the manually according to the contract number of hrs and pay rate , will this be acceptable to job creation .

Thanks

tier1in2014 · Post by **tier1in2014** » Wed Dec 14, 2016 3:53 pm

I will be applying Feb 2017 as we got over first T1 in feb 2014 .I believe we will fall under pre April 2014 for employment rules . Senior members please correct if I am wrong . Thanks

ukbiz · Post by **ukbiz** » Wed Dec 14, 2016 5:37 pm

kapoorinusa wrote:Hi,
1. Is there such a rule for whats the maximum number of hrs one employee can work per month . Some of our employee has worked with us over 200 hrs month working 6 days week and doing some paper work even after office hrs which was the part of the contract between us and employee to work extra and get paid . Shell we submit the copy of emplacement contract also .

As far as your employee is working 30hr/W or 130hrs/M ,you are fine the extra hours will be ignored and neither they will be transferred for 2nd Employee , As your employee is working more than normal working hours per week you should get their sign on OPT out hours form just for your records as you don't have to send this with your application.
https://mparecruitment.co.uk/perch/reso ... wtd-12.pdf

2. One of our old employee was working part time for us and on basic pay . Payslips for this employee does not shows Number of hrs and hourly pay rate . Can we use these payslips as again on the employee contract we had terms at which rate and number of hrs will be working for us . this was back in 2014 so was not aware of that many requirements will need on payslip format . can we just calculate the manually according to the contract number of hrs and pay rate , will this be acceptable to job creation .

You need to fill the total hours and hourly rate at application form with any change in hourly rate during the employment period, your payslips will be fine as far as the Total Gross Pay on those pay slips matched with the calculation based on Total hours and hourly rate you put in application form( Total Gross PAY at Payslips / Total Hours claim in form)

You can create jobs as per Pre-April 2014 rule

Thanks

tier1in2014 · Post by **tier1in2014** » Wed Dec 14, 2016 9:59 pm

Thanks lot ukbiz for your prompt reply . Please if you don't mind sharing the main difference between pre and post April 2014 . I am aware of some of them as in PRE we could combine the employee hrs one for 6 month and another one for 18 month to fulfill 2 full time jobs but in post 4/2016 is different . I had another query regarding one employee who is not British citizen but permanent settled here . I am sure this will not be issue but just to safe I like to confirm this before submitting our application . Thanks

ukbiz · Post by **ukbiz** » Wed Dec 14, 2016 11:50 pm

Pre-2014
You can create 24 Months of Job by combination different Jobs and a particular Job title need not exists for 12 months.

Post -2014
You need to create 2 different Jobs and a particular Job title needs to exist for at least 12 months.

Settled workers are British, EU or Indefinite leave to remain in the UK.

tier1in2014 · Post by **tier1in2014** » Fri Dec 16, 2016 12:06 pm

Thanks for your reply ukbiz . I have another query if you or anyone else can help on this . I had another employee for 2 months on payroll but that employee is in uk as EU National spouse on dependent visa with Indian passport . This employee has been in uk over 5 yrs but never applied ILR . SO while working for us status of this employee was same as EU National spouse on dependent visa with Indian passport. Will this be qualifying as job creation . Without this employee hrs we have enough hrs to award the points but I was not sure how to deal with this as on FPS for those months shows this employee details also . Thanks

ukbiz · Post by **ukbiz** » Fri Dec 16, 2016 12:38 pm

You can not claim Job points of the dependent of EU or British as they have no ILR and are still dependent.

There is no harm in sending their details in FPS without claiming their point !

tier1in2014 · Post by **tier1in2014** » Fri Dec 16, 2016 1:49 pm

Thanks lot for your quick response . I have just double checked with one of the solicitors and they also said same as you .This employee Status on Indian passport says as Residence card of a Family member of EEA National . Shell we mention this anywhere on application and will I still need to send the document copies for this employee even we will not be clamming any points for this . Thanks

tier1in2014 · Post by **tier1in2014** » Mon Dec 19, 2016 8:22 pm

Hi on my recent accounts show as following . Will this fulfill the requirements .But it does not mention this anywhere on 2014-15 accounts even we have transferred £19500 as directors loan in that year . Thanks

"Notes to the Financial Statements - continued
for the Year Ended 29 February 2016
6. CREDITORS: AMOUNTS FALLING DUE AFTER MORE THAN ONE YEAR

Unsecured directors loan 29.2.16 £39,500 28.2.15 £19,500 "

scholar 1 · Post by **scholar 1** » Wed Dec 21, 2016 2:56 pm

kapoorinusa, pls check very well, HO guidance says 30hrs weekly or 120hrs per month. 130hrs is maximum hours you can claim. lets not confuse people.

tier1in2014 · Post by **tier1in2014** » Thu Dec 22, 2016 10:21 pm

scholar 1 wrote:kapoorinusa, pls check very well, HO guidance says 30hrs weekly or 120hrs per month. 130hrs is maximum hours you can claim. lets not confuse people.

Hi I have seen that in guidance but if we count 120 per month x 24 months =2880 hrs
or
30 per week x 52 weeks per year x 2 = 3120 hrs

We had 5 different employee worked with us which one was part time and other worked full time . please if some one can guide us with following table if this will qualify for job creation awards .Sorry I don't want to confuse anyone .

Emplyee 1 . 10 months 190 hrs per month 10 x 120 hrs =1200

Emplyee 2 . 3 months 160 hrs per month 03 x 120 =360

Emplyee 3 . 3 months 140 hrs per month 03 x 120 =360

Emplyee 4 . 3 months 140 hrs per month 03 x 120 =360

Emplyee 5 . 6 months 100 hrs per month and 2 months 70 hrs per month

6 x 100 =600 and 70 x 2 =140

so according to guidance total hrs we can claim 3020 hrs

this is where i am confuse myself what should i count monthly or weekly .Thanks

tier1in2014 · Post by **tier1in2014** » Fri Dec 23, 2016 3:27 pm

Senior members please if you can help with how would home office calculate part time employee hrs . As mention above one of our employee worked with us for 8 mounts in total as part time 6 months 100 hrs per month and 2 months 70 hrs per month in total 740 hrs in 8 months . will they be calculate 8 month part time = 4 month full time or they will go by actual numbers of hrs worked . Please if you can help us with this. Will be very appreciated .

Another question we have Up to what date they consider job creation . If we apply in mid of Feb and do the full month payroll and submit Feb Fps also . Will this be conditioned as part of job creation . we have to 2 employee working for us now and hopefully continue until march .One is part time and another one is full time . if we count 19 months full time and 8 part time months = 4 full time months we will have only 23 months in total by end of Jan . we will be short by one month . will Feb month can be counted also as our current leave expires in 3rd week Feb and we are planing to send our ext application by the end of 2nd week Feb . Thanks

tier1in2014 · Post by **tier1in2014** » Sat Dec 24, 2016 12:30 pm

These following lines i got them from immigration rules under Investment and business activity: notes at

https://www.gov.uk/guidance/immigration ... attributes .

"49. A full time job is one involving at least 30 hours of work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job, and may score points in Tables 5 and 6, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job. If jobs are being combined, the employees being relied upon must be clearly identified by the applicant in their application. Jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period."

I am still confuse how they will be counting our part time employee hrs . Please Please if some one can solve this confusion for us . I have gone through all other related post but still could not get the answer where you have only one part time employee less than 12 month .

ENTREPRENEUR83 · Post by **ENTREPRENEUR83** » Mon Dec 26, 2016 7:29 pm

kapoorinusa wrote:These following lines i got them from immigration rules under Investment and business activity: notes at

https://www.gov.uk/guidance/immigration ... attributes .

"49. A full time job is one involving at least 30 hours of work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job, and may score points in Tables 5 and 6, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job. If jobs are being combined, the employees being relied upon must be clearly identified by the applicant in their application. Jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period."

I am still confuse how they will be counting our part time employee hrs . Please Please if some one can solve this confusion for us . I have gone through all other related post but still could not get the answer where you have only one part time employee less than 12 month .

Hello Kapoorinsua,

You are confusing yourself along with other readers here, let me make it very simple for you. Firstly while going through your threads you qualify for a pre-april 2014 rules, so employments can be distributed within a span of a year rather 12 months in a row (I have a email confirmation on my case from HO-My visa approved in april 2014 after the rules change but because I applied before that so I am in old rules). Secondly, it does not matter if one of your employee work more than 30 hrs a week (you can only claim it as one employment) you can't take additional hours to make up the shortage of another employment according to my understanding. You have to make sure that 2nd employment should make the total number of hours as 30/week or 15/week x 2 or 10/week + 20/week = 30/week (Your 1st employ can contribute to it if he/she work more than 12 months because 1st 12 months are for his/her employment and rest you can use to make up for 2nd employment but you can't use addition hours work by 1st employ in his/her first year to make up the 2nd job). Can't simplify further. I would appreciate if seniors contribute if I made a mistake somewhere. Thank you and best of luck

tier1in2014 · Post by **tier1in2014** » Mon Dec 26, 2016 8:40 pm

Thanks ENTREPRENEUR83 for your reply . yes you are right what you said but still can't figure out part time employee hrs . This employee has worked 6 month part time last year and 2 part time months this year . Please if you don't mind sharing the email for home office where we can get confirmation . Thanks again for your inputs .

tier1in2014 · Post by **tier1in2014** » Wed Dec 28, 2016 7:04 pm

Hi, Gurus and senior members I might be sound stupid asking this again but please if you can clear this query in simple words. According to policy guidance it does not says clearly when you have only one part time employee worked less than year how the hrs will be counted . In example in policy guidance

"as long as the 2 part-time jobs exist
for 12 months. By way of an example, it could be that one employee worked 20 hours in
one part-time job; Another employee worked 10 hours in another part-time job;

But as I have said we only had one part timer and worked less than year .Still not sure how would they calculate hrs . please if you can help us on this query.Thanks

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T1 Ext - Max Monthly hrs & Basic pay Query

T1 Ext - Max Monthly hrs & Basic pay Query

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