Tier 1 Ent to ILR 5 year Job related query

[regularuser]

Hello Everyone

Happy New Year

I was reading through different posts related to Job requirement for Tier 1 Ent 5 years ILR.
I am due for my application in end of March and was preparing my docs.
I need your guidance in regards to Job requirement:
My Timeline

Came in UK Jan 2008 as student
Spouse came in UK Sep 2008 as dependent
Student extension March 2011
Tier 1 Ent Applied March 2012
Refused and won in Upper Tribunal
Tier 1 Ent Intial Visa April 2013
Tier 1 Ent Extension Nov 2016
Tier 1 5 year ILR Due March 2018

I have a query related to JOB Requirement:

I have applied in April 2016 for extension and approved in Nov 2016
I have 2 Jobs continued during the Visa process.

But I have counted total hours after Nov 2016 as below:

Employee 1 : full time 130 hours per month total hours: 780 for 6 months
Employee 2 : Full time 120 hours per month total hours: 710 for 6 months
Employee 3: Part time 90 hours per month total hours: 456+970 till date
Employee 4: Part time 90 hours per month total hours: 1030 till date

So total hours on end of March 2018 will be 3946 hours

Please advise Am I fulfilling the job requirement criteria with above numbers ? and also I am pre 2014 so transitional arrangement will apply.

Look forward to your advise.

Thanks

[10020132]

I am not an expert but what I have learnt from my mistake I DONT think so that it fulfills the criteria

Employee 1 if 6 months FT

Employee 2 is NOT fulltime as its 120/ month where as it should have been 130/month. So they wwould class it as PT
So it becomes 3 month FT

Employee 3 is a but below 8 months FT (though I rounded it up)

Employee 4 is not complete 6 months yet. So that is 5 months FT

This makes it 22 months FT where as you need another 2 months FT or I would say 3 months to be on safe side as I rounded it at one point but you might be able to cut that corner depending on how you combine jobs

[regularuser]

Hi 10020132 Thanks for reply.

I have been following your thread.

in my Initial visa application I have around same type of situation and I have got my extension. As we are under pre 2014 transitional arrangement so they are looking for total number of hours means 3120 total hours required as per my understanding.

Lets wait for others to reply.

[regularuser]

Hi Gurus,

Any views on my query ?

Thanks

[marcnath]

Hello Everyone

Happy New Year

I was reading through different posts related to Job requirement for Tier 1 Ent 5 years ILR.
I am due for my application in end of March and was preparing my docs.
I need your guidance in regards to Job requirement:
My Timeline

Came in UK Jan 2008 as student
Spouse came in UK Sep 2008 as dependent
Student extension March 2011
Tier 1 Ent Applied March 2012
Refused and won in Upper Tribunal
Tier 1 Ent Intial Visa April 2013
Tier 1 Ent Extension Nov 2016
Tier 1 5 year ILR Due March 2018

I have a query related to JOB Requirement:

I have applied in April 2016 for extension and approved in Nov 2016
I have 2 Jobs continued during the Visa process.

But I have counted total hours after Nov 2016 as below:

Employee 1 : full time 130 hours per month total hours: 780 for 6 months
Employee 2 : Full time 120 hours per month total hours: 710 for 6 months
Employee 3: Part time 90 hours per month total hours: 456+970 till date
Employee 4: Part time 90 hours per month total hours: 1030 till date

So total hours on end of March 2018 will be 3946 hours

Please advise Am I fulfilling the job requirement criteria with above numbers ? and also I am pre 2014 so transitional arrangement will apply.

Look forward to your advise.

Thanks

Can you provide the actual start and end dates for the employees - that will make it easier.

Total hours is irrelevant.

[regularuser]

Sure
Tier 1 Ent Extension granted in first week of Nov 2016

Employee 1 : full time 130 hours per month total hours: 780 for 6 months
Start date: 1/7/2016 end date: 04/05/2017
Employee 2 : Full time 120 hours per month total hours: 710 for 6 months
Start date: 8/9/2016 end date: 10/05/2017
Employee 3: Part time 90 hours per month total hours: 456+970 till date
Since April 2016 to till date means 31/03/2018
Employee 4: Part time 90 hours per month total hours: 1030 till date
Start date: 05/05/2017 till date means 31/3/2018

Hope his helps

Thanks

[marcnath]

Sure
Tier 1 Ent Extension granted in first week of Nov 2016

Employee 1 : full time 130 hours per month total hours: 780 for 6 months
Start date: 1/7/2016 end date: 04/05/2017
Employee 2 : Full time 120 hours per month total hours: 710 for 6 months
Start date: 8/9/2016 end date: 10/05/2017
Employee 3: Part time 90 hours per month total hours: 456+970 till date
Since April 2016 to till date means 31/03/2018
Employee 4: Part time 90 hours per month total hours: 1030 till date
Start date: 05/05/2017 till date means 31/3/2018

Hope his helps

Thanks

It helps and shows that you are in the borderline. Even more accurate dates will be needed.
Employee 1 and 2 together seem to make up 1 job of 12 months (maybe slightly more depending on the exact date of your extension)
However, note that HO has recently rejected 120 hrs as FT. They insisted on 130 hrs, so you are running a risk on Employee 2. (uk-tier-1-entrepreneur-visas/1st-admin- ... 20%20hours)
For the PT combination, the maximum you will get is 130 hrs/month. So, you are about 1 month short of a minimum of 40 hrs/month.
I am curious - why are you not applying for ILR (LR) now as you seem to have got to 10 years ? Do you have dependants who don't qualify ?

[regularuser]

thanks marcnath for your advise.

I have my wife and daughter here with me so if i go for ILR (LR) their clock reset and its only 3 months difference I am due in jan 2018 for ILR (LR) and for Tier 1 Ent 5 years due in 31/3/2018.

I am planning for first week in April 2018.

Please advise me what are other option ?

Thanks

[marcnath]

thanks marcnath for your advise.

I have my wife and daughter here with me so if i go for ILR (LR) their clock reset and its only 3 months difference I am due in jan 2018 for ILR (LR) and for Tier 1 Ent 5 years due in 31/3/2018.

I am planning for first week in April 2018.

Please advise me what are other option ?

Thanks

Since your Visa is valid until Nov, you are not in a hurry.

Do the actual calculation based on weeks, not months. Assuming Employee 1 and 2 get to around 52 weeks, you can determine how many weeks more of Employee 4 you need to make up 104 PT weeks. If you are applying in mid April, you can run the payroll for April early, submit FPS and still claim points for the whole of April.

Then, every month, keep sending in additional payslips and FPS for the employees you have. If the worst case is that HO insists on 130 hrs/ month, then you will still meet the requirement with your two PT workers in about three months, so if it is not decided by then the additional payslips will help. Otherwise a new application can be done.

[regularuser]

Thanks marcnath,

How about below combination ?

Employee 1 : full time 130 hours per month total hours: 780 for 6 months
Start date: 1/7/2016 end date: 04/05/2017
Employee 2 : Full time 120 hours per month total hours: 710 for 6 months
Start date: 8/9/2016 end date: 10/05/2017
Employee 3: Part time 90 hours per month total hours: 456
Since April 2016 to 30/11/2017
Employee 4: Part time 90 hours per month total hours: 1030 till date
Start date: 05/05/2017 to 30/11/2017

Employee 3: 130 hrs full time for 4 months
Employee 4: 130 hrs full time for 4 months

Will this fulfill the requirement ?

[marcnath]

Thanks marcnath,

How about below combination ?

Employee 1 : full time 130 hours per month total hours: 780 for 6 months
Start date: 1/7/2016 end date: 04/05/2017
Employee 2 : Full time 120 hours per month total hours: 710 for 6 months
Start date: 8/9/2016 end date: 10/05/2017
Employee 3: Part time 90 hours per month total hours: 456
Since April 2016 to 30/11/2017
Employee 4: Part time 90 hours per month total hours: 1030 till date
Start date: 05/05/2017 to 30/11/2017

Employee 3: 130 hrs full time for 4 months
Employee 4: 130 hrs full time for 4 months

Will this fulfill the requirement ?

Sorry, I misread your Employee 3 as starting in April 2017 instead of April 2016. So, actually you have more than enough by April 2018, if HO accepts Employee 2 as FT.
And even if Employee 2 is taken as PT, then you have enough by end of April 2018 to meet the requirement.

[regularuser]

That's big relief it means I don't need any more FT employees for next 3 months correct me if i'm wrong.

Thanks

[marcnath]

That's big relief it means I don't need any more FT employees for next 3 months correct me if i'm wrong.

Thanks

Yes, it appears so.

As I said before, it is very close so you actual extension date can make a difference - but that would not be more than a couple of weeks either way.

[regularuser]

Thanks for advise,

I will go with 2 full time jobs for next three months for just safe side.

[marcnath]

Thanks for advise,

I will go with 2 full time jobs for next three months for just safe side.

Are all your employees on minimum wage ?

[regularuser]

not all of them only the part time on minimum wage

[marcnath]

not all of them only the part time on minimum wage

Ok. It is up to you to state what the hourly pay is on the Job application form (unless you are paying them on an hourly rate), so if Employee 2 is slightly above minimum age, it is possible he/she may reach 130 hrs/month on minimum wage.

[regularuser]

good Point

Employee 2 was on annual pay so i have to see what actual hourly rate coming up

so do i have to change the payslip for 130 hours ?

[marcnath]

good Point

Employee 2 was on annual pay so i have to see what actual hourly rate coming up

so do i have to change the payslip for 130 hours ?

Do you actually state hours in the payslip ? There is no need to but if you do, then you will have to change.

Normally CW just calculates hours by dividing the monthly payment (as per payslip/fps) by the hourly rate you have entered in the Job table.

[regularuser]

Hi marcnath,

Part time employees on minimum wage and unfortunately Employee 2 is coming up nearly on minimum wage.

Can you please help me with below situation and guide me how to fill up the job requirement page in form:

Employee 1 : full time 130 hours per month total hours: 780 for 6 months
Start date: 1/7/2016 end date: 04/05/2017

Employee 2 : Full time 120 hours per month total hours: 710 for 6 months
Start date: 8/9/2016 end date: 10/05/2017

Employee 3: Part time 90 hours per month total hours: 456
Since April 2016 to 30/11/2017
Employee 3: Full time 130 hours per month total hours: 520
Start date: 01/12/2017 to 31/03/2018


Employee 4: Part time 90 hours per month total hours: 1030 till date
Start date: 05/05/2017 to 31/03/2018

[marcnath]

What is your exact extension date - which date in Nov ?

[regularuser]

BRP card date: 14/11

I want to apply first week of april before fees increase

[marcnath]

If I were you, I would do it this way:
Job 1 - employee 1 - FT
Job 2 - employee 2 - FT
Job 3 - employee 3 - until Nov/17 - PT (combined with Job 5)
Job 4 - employee 3 - From Dec/17 - FT
Job 5 - employee 4 - PT (combined with Job 3)

Then write a note in the Job Table and the cover letter that you have assumed Job 2 to be FT based on the guidelines. But that you will meet the requirements even if it considered PT and combined with Job 3 and Job 5

[regularuser]

thanks

[regularuser]

Hi Marcnath,

I was just trying to fill online Set(O) application form and found below text under Job requirement section:

"Created 2 full-time equivalent jobs
Employee details:

Provide the details of all employees who filled this job for the required 12 month period
If more than one employee filled the role during the 12-month period, because one or more employee left the job during that time, include the details of each person. Alternatively, you can combine the working hours of two part-time workers whose jobs existed during those 12 months, provided this totals 30 hours per week or more (or 120 hours per month). You can add additional employees after selecting ‘Save and continue’.

it means will they consider Employee 2 as a full time emplyee ?

Thanks