job creation

[chong]

HI GUYS,

I got really confused about the calculation of job creation. I understand that i have to submit 12months Fps for the year before I join.

e.g: I joined a business on 15 Jan 2018, there is one employee before I join.
employee 1, employment period, july 2016-Jan 2019 32months
our company has employed two employee from July 2018 until June 2019 12 months each,

by the time when I make extention application, do I need to employ one more to maintain the employee that has left or not. the employee 1 has worked for our company for 12 months after I join, is that enough or no matter how long he worked for, i still have to maintain the job by the time i apply for extention plz? so , is the net increase caculated by the number of employees of number of months employees worked for before I join plus the number of employees. so confusion...

[marcnath]

HI GUYS,

I got really confused about the calculation of job creation. I understand that i have to submit 12months Fps for the year before I join.

e.g: I joined a business on 15 Jan 2018, there is one employee before I join.
employee 1, employment period, july 2016-Jan 2019 32months
our company has employed two employee from July 2018 until June 2019 12 months each,

by the time when I make extention application, do I need to employ one more to maintain the employee that has left or not. the employee 1 has worked for our company for 12 months after I join, is that enough or no matter how long he worked for, i still have to maintain the job by the time i apply for extention plz? so , is the net increase caculated by the number of employees of number of months employees worked for before I join plus the number of employees. so confusion...

So, does your company have no employees at all now ?

When is your extension due ?


Your question is confusing but let me try.

There is no clear guidance on how the net increase is calculated.

If employee 1 had left in July 2018, I would definitely say you would not meet the requirement. And if Employee 1 had stayed until June 2019, then you would have definitely met the requirement.

But you now fall into a grey area.

I would say that you are able to argue that you did create a NET increase of two jobs given the 7 month period when there were three employees. I suspect it will be accepted unless they are worried about your genuineness, which may be a factor if you don't have a good reason why you don't have any employees any more.

[chong]

hi, thanks for your reply,

My visa due in April 2021.
we still have two employees atm. please note the first employee worked for 32 months(July 2016-Jan 2019) but has left. my question is do i need to maintain his role before application?

many thx!

[marcnath]

hi, thanks for your reply,

My visa due in April 2021.
we still have two employees atm. please note the first employee worked for 32 months(July 2016-Jan 2019) but has left. my question is do i need to maintain his role before application?

many thx!

There is no requirement to maintain any roles before the application.

And even if you try to do it now, it will not meet the requirement of net increase.

So, does your company have no employees at all now ?

[chong]

hi, we have two employees at the moment to meet the job creaston of two new jobs. but i am confused how to caculate the net increase since the employee 1 has left the company after I jointed. also, why if he left in July 2018 then I dont meet the requirement? thank you so much.

[marcnath]

hi, we have two employees at the moment to meet the job creaston of two new jobs. but i am confused how to caculate the net increase since the employee 1 has left the company after I jointed. also, why if he left in July 2018 then I dont meet the requirement? thank you so much.

As mentioned before, there is no clear definition or guidance for "net increase". That means, you have the flexibility to argue what it means in your application.

The Employee 1 and left in July 2018, then clearly there is no net increase of two jobs. The company would have had 1 job until June 2018 and then two jobs from July 2018, so the net increase is only 1.

Now, you have clearly 6 months where there were three jobs, so for those 6 months, you had a net increase of 2 jobs. The rules don't explicitly say that the net increase has to be maintained for 12 months. But neither does it say 6 months is enough. So, if your current employees are going to be with you for another 6 months, then employing one more person for 6 months would mean you can show net increase for 12 months - which would be the safest.

[chong]

as to the job creation of two new jobs, does that mean the two jobs have to have different job titles? they cant all be sales ,can they?

[marcnath]

as to the job creation of two new jobs, does that mean the two jobs have to have different job titles? they cant all be sales ,can they?

There is nothing specified on job titles in the immigration rules. I can't see any reason why they can't all be sales.