Job Creation- Pre-April 2014

[itpba]

Hi All.... please help me if u can. i am almost ready to apply for extension and a solicitor shocked me that i havent fulfilled job creation requirement.

i have/had 3 employees

Employee 1 : done 11 months full time ( 45 hrs a week) then followed by 4 months part time has resigned now.

Employee 2: worked 17 months part time ( 20 hours a week) and still working.

Employee 3: worked 2 months part time +5 months full time and is still working.

i thought this would fulfil my requirement under transitional arrangements but he shocked me saying the employee who worked 17 months is part time (which is less than 24 months ) and will only count 6 months of full time job.

please share your views if i am on the safe side with above employment or i need to do something.

[Mrchaany]

You know better then soliticter
Your need to show 24 months fulltime jobs.
Pre april 2014 job can be by 4 employees etc.
I think, the immigration rule and guidance we have read and examined more the these soliticters.

[solomondid]

I reckon if you are an Pre April 2014 applicant you have fulfilled the job creation requirement per transitional arrangements.

[itpba]

Thanks Business2business & Solomondid for your replies. i was shocked as soon i head that but i thought i shall ask seniors to share their views and better be safe than sorry.

[zimba]

This is not clear from the rules. However given that under transitional arrangements 24 months of full time employment in one jobs is counted as two, I assume that 12 months of part time job will be counted as 6 months full time then. In that case you should be fine.

[itpba]

This is not clear from the rules. However given that under transitional arrangements 24 months of full time employment in one jobs is counted as two, I assume that 12 months of part time job will be counted as 6 months full time then. In that case you should be fine.

Thanks Zimba88 for response... he was saying exactly the same as u said it might be. he said the 11 months full time+4 months part time will not count as one job coz part time has to be at least 6 months in order to be considered. hence 4 months part time will not fill the gap of one full month which is short of one job.

he said i can employee some one now for one month full time as a continuation to that position and i will be fine. you reckon i shuld do this or i will be fine with i ve done already coz according to the guidlines i ve fulfilled the requirement? but he also told me case worker guildlines are different from the ones which are from applicant and thats what its mentioned in case worker notes/guidlines...Regards

[zimba]

Under transitional arrangements you need simply 24 months of full time work. You do not need to create two separate positions for 12 months and a part time does not necessarily need to be 6 months. The 6 months part time example given in the guide seems to confuse everyone on this !!
You have (11 + 5) full time months of work & another 16 months part time (becomes 8 months of full time work) = 24 months full time work done

[itpba]

Under transitional arrangements you need simply 24 months of full time work. You do not need to create two separate positions for 12 months and a part time does not necessarily need to be 6 months. The 6 months part time example given in the guide seems to confuse everyone on this !!
You have (11 + 5) full time months of work & another 16 months part time (becomes 8 months of full time work) = 24 months full time work done

Thanks Zimba for the Response. thats how i calculated as well and its comes upto more than 24 month of full time but he is of the view that Case worker has their own guidlines and they decide according to them. so will it be good to employee some one now for 2 months and add it to that 11 months ? or this will have -ve impact on the case?

the exact words of what he showed me from case worker notes are ( A SINGLE JOB NEED NOT CONSIST OF 12 MONTHS ( FRO EXAMPLE IT COULD EXIST FOR 6 MONTHS IN ONE YEAR AND 6 MONTHS THE FOLLOWING YEAR)PROVIDING IT IS THE SAME JOB.(DIFFERENT JOBS THAT HAVE EXISTED FOR LESS THAN 12 MONTHS CANNOT BE COMBINED TOGETHER TO MAKE UP A 12 MONTH PERIOD) AND THE JOBS NEED NOT EXIST AT THE DATE OF APPLICATION PROVIDED THAT THEY EXISTED FOR 12 MONTHS.


these words are also confusing for me especially DIFFERENT JOBS THAT HAVE EXISTED FOR LESS THAN 12 MONTHS CANNOT BE COMBINED TOGETHER TO MAKE UP A 12 MONTH PERIOD) ....please share ur view

[kingman_9090]

Hi,
@zimba88
Can i ask the seniors specially zimba88 if possible. If some one entered in this category on 200k route before 2014.
Do they need to make sure they got 3120 hours of employement by the extension time? or do they need to create two full time jobs for 12 month each? or 3120 hours enough for extension. Kindly reply me with your best knowledge.

Thanks

[seasky]

Hi,
@zimba88
Can i ask the seniors specially zimba88 if possible. If some one entered in this category on 200k route before 2014.
Do they need to make sure they got 3120 hours of employement by the extension time? or do they need to create two full time jobs for 12 month each? or 3120 hours enough for extension. Kindly reply me with your best knowledge.

Thanks

3120 hours with the caveat of max 30hrs per week for an employee.

[kingman_9090]

Thanks for your reply Seasky,
As per my understanding max of 3120 hours with multiple job creationwill be enough for the extension ? I didn't fully understand about your last reply, just like to make sure
Thanks

[zimba]

Nobody bothers to read the official guide, so we have to constantly repeat ourselves here.


If you successfully applied to enter the route BEFORE April 2014:
You need total of 104 weeks of full time employment (min of 3120 hours)
You can create a full time position for 24 months or 6 positions for 4 month each in parallel , and so on .... etc
No NEED to have two positions, no NEED for the positions to last 12 months


If you successfully applied to enter the route AFTER April 2014:
You MUST create at least two separate positions, each lasting for at least 12 months. Part time position only count if they last for min of 12 months each. So for example you CAN NOT create 6 positions for 4 months !!!
A position/job is NOT the same as a job created for an employee !! A position can be fulfilled by multiple employees over the course of 12 months. A position also does NOT need to be continuous.

[kingman_9090]

Thanks zimba88 for your reply i had read the guidance, But seen you with very best comments and advise in this forum so i thought just to make sure with you guys..


Cheers