Job creation: two part time jobs vs job share

[ekbe01]

thank you.

[ekbe01]

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]

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!

[marcnath]

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.

[ekbe01]

Thank you!

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...

[marcnath]

Thank you!

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.

[ekbe01]

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]

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!

[marcnath]

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

[ekbe01]

Thank you, Marcnath.

[ekbe01]

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?

[marcnath]

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

[ekbe01]

Thank you, Marcnath, you're always very helpful and clear!

Another question, for planning the future.
Do I understand that in order to combine two part-time jobs to get an equivalent of a full-time job they need to exist simultaneously? Can I combine two part-time jobs that are spread in time providing that both jobs exist for at least 12 months? There might be some gaps when one part-time person left and another one has not started on the position. Will I 'lose' the time of the other part-time position?

Also, if I promote someone and the new position has a different / more senior job description, will it reset the 12-months clock and will it be counted as a separate job?

Thank you!

[ekbe01]

This thread:

CW calculates hours worked as Gross pay (in FPS)/Hourly rate (filled in the job table)

I had a question earlier about an unpaid annual leave. Total amount paid / hourly rate gives me less than 30h/week in one month. Sorry I'm asking this again but will this month qualify towards a full-time job creation?
Thank you.

[marcnath]

Thank you, Marcnath, you're always very helpful and clear!

Another question, for planning the future.
Do I understand that in order to combine two part-time jobs to get an equivalent of a full-time job they need to exist simultaneously? Can I combine two part-time jobs that are spread in time providing that both jobs exist for at least 12 months? There might be some gaps when one part-time person left and another one has not started on the position. Will I 'lose' the time of the other part-time position?

Also, if I promote someone and the new position has a different / more senior job description, will it reset the 12-months clock and will it be counted as a separate job?

Thank you!

The part time jobs do not need to exist simultaneously. They just need to exist for 12 months each and the 12 months need not be continuous.

Regarding change of job for the same person, up to you to try it. As per the immigration rules, you only need two different JOBS, not two different employees. But HO can always challenge it.

[ekbe01]

Thank you!

Regarding change of job for the same person, up to you to try it. As per the immigration rules, you only need two different JOBS, not two different employees. But HO can always challenge it.

I was rather hoping they count it as one job but I understand they can challenge it.

[ekbe01]

Would you please comment on this question as well? I’m worrying that two days of unpaid vacation will not classify this month towards a full-time job creation.
Thank you!

This thread:

CW calculates hours worked as Gross pay (in FPS)/Hourly rate (filled in the job table)

I had a question earlier about an unpaid annual leave. Total amount paid / hourly rate gives me less than 30h/week in one month. Sorry I'm asking this again but will this month qualify towards a full-time job creation?
Thank you.

[marcnath]

Thank you!

Regarding change of job for the same person, up to you to try it. As per the immigration rules, you only need two different JOBS, not two different employees. But HO can always challenge it.

I was rather hoping they count it as one job but I understand they can challenge it.

Ok. It is easy to argue that it is the same job if the work done and the expertise required is mostly the same - as would be the case if it is a promotion. I don't think you need to worry too much about that.

I thought that you were trying to use the same employee as evidence for two different jobs - which is much harder to justify.

[marcnath]

Would you please comment on this question as well? I’m worrying that two days of unpaid vacation will not classify this month towards a full-time job creation.
Thank you!

This thread:

CW calculates hours worked as Gross pay (in FPS)/Hourly rate (filled in the job table)

I had a question earlier about an unpaid annual leave. Total amount paid / hourly rate gives me less than 30h/week in one month. Sorry I'm asking this again but will this month qualify towards a full-time job creation?
Thank you.

It shouldn't matter. Make sure you explain that in the cover letter. The rules require the job to last 12 months and clearly, even if the employee is on no pay holiday, the job is still there.

[ekbe01]

Thank you Marcnath, understand.

[ekbe01]

Dear Marcnath and all members of the forum,
Thank you for all your support and attention to my previous questions.
My T1E extension has been approved and the decision only took 7 days.

My application had the following weak areas:
- I changed business and applied for an extension with a business created just over a year ago. I was director of third party business but in November 2018 I was asked to leave because I was pregnant. My extension was due 6 Dec 2019. I registered a new company, hired personnel from people I had previously worked with and among business partners and started the development;
- Consequently, all three jobs (one full-time and two part-time) existed for exactly 12 months. All jobs are genuine.

Some factors outside of my application that might have helped:
- I have a UK family (husband, daughter). If my application was not approved I would have switched to a family category and would have had access to the UK job market instead of creating jobs;
- I am previously a T1GE migrant, my feeling is that they're slightly more favourable towards us;
- I have an MP among my company's advisors.

This is what I provided in addition to all the formal requirements:
A very detailed cover letter explaining the situation above;
A summary of businesses in which I have been involved with an explanation of what exactly I was doing in the previous company;
An overview of my current business activity (objectives, current status, plans, stages of implementation, who benefits from us, revenue plan, etc) on 8 pages;
My job title, job description and an overview of my role and day-to-day tasks and responsibilities, including how I manage personnel, how often/where we meet, how I control the quality of their work, etc;
Summary information about all the company’s employees – very detailed, when/how they were hired, what their job is, all their vacations and sick leaves explained, every payment explained, etc;
Job descriptions.

I didn't have any lawyers. My accountants have no experience with the HO so when I requested a letter I gave them very detailed instructions on what information they should include.

Thanks again for all the support.
K