Tier 1 (Entrepreneur) part time job combination question

Dear All,

I'm a newer here and thanks for all your help in advance. I am really confused about the job creation part on guidance and my situation is quite complicated, so I hope I can get some help from here, and for the people who have the same problem as me in the future could benefit from here.

I'm under tier 1 entrepreneur visa since September 2016 and I'm going to apply an extension OR ILR at the end of next year. So the Pre April 2014 is not suitable for me. My business is a restaurant so I have lots of part-time staff worked for me in the past two years. My full time employees are more than 2 which I think will be definitely fine for extension. My enquiry is if I can create 10 full time jobs I would like to apply ILR directly. Because the extension and ILR application have the same requirement on job creation, so I posted this enquiry under T1E section, hope it is alright

On the new version guidance, Page 29 Job Creation:

"(a) A full time job is one involving at least 30 hours of paid work a week.
(b) “The equivalent of” a full time job means two or more part time jobs which add up to 30 hours a week will count as one full time job, 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.
(c) The jobs must have existed for at least 12 months during the period of the most recent grant of leave as a Tier 1 (Entrepreneur) migrant.
(d) A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year) providing it is the same job.
(e) The jobs need not exist on the date of application, provided they existed for at least 12 months during the period of the most recent grant of leave.
(f) Different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period. The only exception is where you successfully applied as a Tier 1 (Entrepreneur) migrant before 6 April 2014 in which case you may be able to apply the job creation rules allowed under a transitional arrangement. Further details on transitional arrangements can be found below.
(g) If jobs are being combined, with two part time employees being used to create the equivalent of one full time job, the employees being relied upon must be clearly identified by you in your application.
(h) The jobs must comply with all relevant UK legislation including, but not limited to, the National Minimum Wage and the Working Time Directive.
"

My questions are:
1. Can I use more than two part-time employees (let's say 4 employees) combined as ONE part time jobs, in order to make the part-time jobs longer than 12 months and there was some gaps between each employee? If so, can I use more than two part time jobs like this, to add up to 30 hours?
2. If part time employees can be combined as one part time job, Can I use the average hours of all part time employees , or I only can use the lowest one?
3. For full time staff, their payslips are based on hours. When they are on holiday, the payslips only show holiday pay on it and no working hours. Shall I take holiday payslips off my application?
4. One of my staff is not EEA nationals but married a British. She is holding a sponse partner visa. Can I count her in?
5. For full time staff, can I use the average hours per week to make it more than 30? If there is any week is lower than 30 hours, it that alright?

I'm sorry my question s so long. Please kindly advise me or any bester calculation method, I really appreciate.

1. Can I use more than two part-time employees (let's say 4 employees) combined as ONE part time jobs, in order to make the part-time jobs longer than 12 months and there was some gaps between each employee? If so, can I use more than two part time jobs like this, to add up to 30 hours?

No. Combination is only allowed between multiple part time POSITIONS/JOBS which exist for at least 12 months. You can have multiple employees covering the 12 month period but you cannot have multiple part time employees covering the same week. Each POSITION/JOB does not need to be continuous.
You certainly can have more than two POSITIONS/JOBS as part time and add them to make it to 30 hours per week as you need 52 weeks of full time employment. You can make up a full time week from adding the hours of one or more POSITIONS/JOBS this way.

2. If part time employees can be combined as one part time job, Can I use the average hours of all part time employees , or I only can use the lowest one?

There is no average. Add the hours worked per JOB together until you hit 30, anything above that is discarded

3. For full time staff, their payslips are based on hours. When they are on holiday, the payslips only show holiday pay on it and no working hours. Shall I take holiday payslips off my application?

You should treat a paid holiday as a work day

4. One of my staff is not EEA nationals but married a British. She is holding a sponsor partner visa. Can I count her in?

No as she is not settled

5. For full time staff, can I use the average hours per week to make it more than 30? If there is any week is lower than 30 hours, it that alright?

A full time position is only full time if the employee is working at least 30 hours a week, otherwise it will be part time. You cannot claim someone working less than 30 hours a week as a full time worker (that is part time)

Dear Zimba,

Dear Zimba,

Thanks very much for your help. I really appreciate. May I disturb you some following questions please.

1. Job Creation
Can I give you an example and could you help me check my understanding about part time combination is right please:
Part time position 1: 15 hours per week
First employee 20 weeks, second employee worked the following 20 weeks, then third employee worked 12 week after the second employee. In total more than 52 weeks.

Part time position 2: 10 hours per week
First employee 20 weeks, second employee worked the following 20 weeks, then third employee worked 12 week after the second employee. In total more than 32 weeks.

Part time position 3: 10 hours per week
First employee 20 weeks, second employee worked the following 20 weeks, then third employee worked 12 week after the second employee. In total more than 32 weeks.

Can I use these three part time positions as a full time job?
Also, can I have gaps between employees for part time job position as well? (I saw on guidance said a single job need not consist of 12 consecutive months, my understanding "the single job" means whatever full time or part time,am I right?)

2. Married British:
I found Guidance said " Copies of any of the following documents which demonstrate that each employee has settled status in the UK:
(v) if the employee is the spouse of an EEA national, the biometric data page of their passport, showing their photograph and personal details, or a residence card, and any of the documents in (i) or (iv) above which relate to the EEA national, together with their marriage certificate to the EEA national; "

Can I understand my employee as the spouse of a British, which is also an EEA national, and treat her as settled?

3. Full time worker:
I had a full time worker worked around 50 hours per week. He worked for me more than 60 weeks. But there was a 5 weeks holiday gap during his employment. His payslip is on weekly basis. During his holiday, I paid the whole holiday pay for him on the first week of his holiday and the rest of 3 payslips only show zero on them. Should I move the 3 zero payslips off, only use the normal one (still more than 52 weeks)?

Thanks very much for your help.

georgina3499 wrote: ↑

Tue Nov 20, 2018 6:44 pm

1. Job Creation
Can I give you an example and could you help me check my understanding about part time combination is right please:
Part time position 1: 15 hours per week
First employee 20 weeks, second employee worked the following 20 weeks, then third employee worked 12 week after the second employee. In total more than 52 weeks.

Part time position 2: 10 hours per week
First employee 20 weeks, second employee worked the following 20 weeks, then third employee worked 12 week after the second employee. In total more than 32 weeks.

Part time position 3: 10 hours per week
First employee 20 weeks, second employee worked the following 20 weeks, then third employee worked 12 week after the second employee. In total more than 32 weeks.

Can I use these three part time positions as a full time job?
Also, can I have gaps between employees for part time job position as well? (I saw on guidance said a single job need not consist of 12 consecutive months, my understanding "the single job" means whatever full time or part time,am I right?)

Assume the highlighted portions above was supposed to be 52, not 32.
Yes, you can combine these three to be on FT job. And yes, you can have gaps between the employees.

georgina3499 wrote: ↑

Tue Nov 20, 2018 6:44 pm

2. Married British:
I found Guidance said " Copies of any of the following documents which demonstrate that each employee has settled status in the UK:
(v) if the employee is the spouse of an EEA national, the biometric data page of their passport, showing their photograph and personal details, or a residence card, and any of the documents in (i) or (iv) above which relate to the EEA national, together with their marriage certificate to the EEA national; "

Can I understand my employee as the spouse of a British, which is also an EEA national, and treat her as settled?

That is a possible interpretation. But I don't think that is how the HO intended it.

georgina3499 wrote: ↑

Tue Nov 20, 2018 6:44 pm

3. Full time worker:
I had a full time worker worked around 50 hours per week. He worked for me more than 60 weeks. But there was a 5 weeks holiday gap during his employment. His payslip is on weekly basis. During his holiday, I paid the whole holiday pay for him on the first week of his holiday and the rest of 3 payslips only show zero on them. Should I move the 3 zero payslips off, only use the normal one (still more than 52 weeks)?

It does not matter. If you have paid the same amount during the holiday, that can be considered as FT employment. The hours on the payslip is irrelevant. CW calculates hours worked as Gross pay (in FPS)/Hourly rate (filled in the job table)

Hi Marcnath，

Thanks for your replying. Really helpful. Sorry for the mistake yes it's 52 not 32.

I paid my staff tips and service charge on the payslip as well. If they calculate hours worked as Gross pay (in FPS)/Hourly rate, do you think I can transfer that part of money into hours (ignore the hours on the payslip)?

Also for the full time job, if there are two full time workers both worked more than 12 months one after another. Can I use them as two full time job, even actually they are the same role in my company? Thanks

georgina3499 wrote: ↑

Wed Nov 21, 2018 7:09 pm

Thanks for your replying. Really helpful. Sorry for the mistake yes it's 52 not 32.

I paid my staff tips and service charge on the payslip as well. If they calculate hours worked as Gross pay (in FPS)/Hourly rate, do you think I can transfer that part of money into hours (ignore the hours on the payslip)?

I am not sure what you mean by "transferring money into hours ".

But no, you cannot just increase hours worked by giving employees additional pay. When tips and service charges are add, it just means their hourly wage for that period increased, not the hours.

georgina3499 wrote: ↑

Wed Nov 21, 2018 7:09 pm

Also for the full time job, if there are two full time workers both worked more than 12 months one after another. Can I use them as two full time job, even actually they are the same role in my company? Thanks

The answer is no. This is the specific case that was addressed by the rule clarification in 2014.

But it is up to you to define whether the job is the same or different.