Advice needed - extension - pre-April 14 route

[VWS]

Hi Everyone

Can someone please clear the confusion. As per the latest guidance

''the hours of workers in 2 part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the 2 part-time jobs exist for 12 months. By way of an example, it could be that one employee worked 20 hours in one part-time job; Another employee worked 10 hours in another part-time job; If they have both been employed for at least 12 months, they can be combined to make one full-time job. If you are combining jobs in this way, you must make it clear in your application which employees/jobs are being used''

The above paragraph is telling me because my 2 part time jobs were not together for 12 months, so this will not be counted as any job.

BUT ALSO THE GUIDANCE STATES

''Pre 6 April 2014 transitional arrangement
169. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a 5 year settlement application, you may continue to employ:
 one worker for 24 months
 one worker for 6 months and one for 18 months
 4 workers for 6 months each''

I have created the following jobs

1 full time job - APR 15 - DEC 15 ( 9 MONTHS)
1 full time job - JUN 15 till NOW (16 MONTHS INCLUDING SEP 16)
1 part time job - JUL 15 till NOW (15 MONTHS INCLUDING SEP 16) - 24 HOURS
1 part time job - MAR 16 till NOW (6 MONTHS INCLUDING SEP 16) - 10 HOURS

DO I SATISFY THE CRITERIA FOR JOB CREATION.

[nasiaziz]

The new guidance examples is for post 2014 applicants.
you can mix and match.
regards

[VWS]

THIS MEANS I HAVE MET THE CRITERIA AS 1 FULL TIME JOB IS for 16 MONTHS and 1 FULL TIME JOB IS FOR 9 MONTHS. ADDING THESE 2 TOGHETHER GIVES ME A JOB FOR 25 MONTHS OF FULL TIME JOB, KEEPING IN MIND BOTH THE JOBS ARE SAME TITLES.

AM I RIGHT?

[nasiaziz]

THIS MEANS I HAVE MET THE CRITERIA AS 1 FULL TIME JOB IS for 16 MONTHS and 1 FULL TIME JOB IS FOR 9 MONTHS. ADDING THESE 2 TOGHETHER GIVES ME A JOB FOR 25 MONTHS OF FULL TIME JOB, KEEPING IN MIND BOTH THE JOBS ARE SAME TITLES.

AM I RIGHT?

Yes thats fine you have met the requirement.

[VWS]

Thanks Nasiaziz for some help.

anyone else ....

Zimba88 any suggestions...

[zimba]

Each position needs to last for at least 12 months UNLESS you are covered by transitional arrangements (pre April 2014). You seem to be covered by those arrangements.
Better calculate your job creation on a weekly basis as per HO requirements, you need 104 weeks of full time work (30 hours per week) which is equal to two years. If you created 25 months of full time employment, you certainly have satisfied the job creation requirement

[VWS]

Many Thanks

[VWS]

1 more clarification please.

as the part time job for 24 hours a week is for 15 months, will this be considered as half a job ?

OR

if combined with the other part time employee doing 10 hours a week + 24 hours a week for 6 months is considered as 1 full time job for 6 months.

confusion is as the latest guidance states that both the part time jobs should be for 12 months to be considered as full time job. is it for post april 14 ONLY or is it in general.

MY VISA ROUTE IS PRE APRIL 2014.

Thanks

[zimba]

That is for POST APRIL 2014

[VWS]

pheww!! thats a releif!

I was really getting stressed because of this.

so now: 1 HT job (24 HRS a week) + 1 HT job (10 HRS a week) for 6 months = 1 full time job for 6 months.

1 FT job (JUN 15 till NOW) = 16 MONTHS

1 FT job (APR 15 TILL DEC 15) = 9 MONTHS

I am fulfilling the requirement for job creation.

THANKS A LOT FOR ALL UR ADVICES.

[awan905]

Hi Everyone

Can someone please clear the confusion. As per the latest guidance

''the hours of workers in 2 part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the 2 part-time jobs exist for 12 months. By way of an example, it could be that one employee worked 20 hours in one part-time job; Another employee worked 10 hours in another part-time job; If they have both been employed for at least 12 months, they can be combined to make one full-time job. If you are combining jobs in this way, you must make it clear in your application which employees/jobs are being used''

The above paragraph is telling me because my 2 part time jobs were not together for 12 months, so this will not be counted as any job.

BUT ALSO THE GUIDANCE STATES

''Pre 6 April 2014 transitional arrangement
169. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a 5 year settlement application, you may continue to employ:
 one worker for 24 months
 one worker for 6 months and one for 18 months
 4 workers for 6 months each''

I have created the following jobs

1 full time job - APR 15 - DEC 15 ( 9 MONTHS)
1 full time job - JUN 15 till NOW (16 MONTHS INCLUDING SEP 16)
1 part time job - JUL 15 till NOW (15 MONTHS INCLUDING SEP 16) - 24 HOURS
1 part time job - MAR 16 till NOW (6 MONTHS INCLUDING SEP 16) - 10 HOURS

DO I SATISFY THE CRITERIA FOR JOB CREATION.

When are you applying for extension?

[VWS]

IN COUPLE OF MONTHS

CAN I ASK Y R U ASKING?

[awan905]

Hi Everyone

Can someone please clear the confusion. As per the latest guidance

''the hours of workers in 2 part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the 2 part-time jobs exist for 12 months. By way of an example, it could be that one employee worked 20 hours in one part-time job; Another employee worked 10 hours in another part-time job; If they have both been employed for at least 12 months, they can be combined to make one full-time job. If you are combining jobs in this way, you must make it clear in your application which employees/jobs are being used''

The above paragraph is telling me because my 2 part time jobs were not together for 12 months, so this will not be counted as any job.

BUT ALSO THE GUIDANCE STATES

''Pre 6 April 2014 transitional arrangement
169. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a 5 year settlement application, you may continue to employ:
 one worker for 24 months
 one worker for 6 months and one for 18 months
 4 workers for 6 months each''

I have created the following jobs

1 full time job - APR 15 - DEC 15 ( 9 MONTHS)
1 full time job - JUN 15 till NOW (16 MONTHS INCLUDING SEP 16)
1 part time job - JUL 15 till NOW (15 MONTHS INCLUDING SEP 16) - 24 HOURS
1 part time job - MAR 16 till NOW (6 MONTHS INCLUDING SEP 16) - 10 HOURS

DO I SATISFY THE CRITERIA FOR JOB CREATION.

Home Office mainly focusses on job positions, say position 1 for 6 months full time and position 2 for 18 months full time, irrespective of how many workers worked on each potion.

Now in your case one full time position lasted for 9 months, and another full time position lasted for 16th months. If you leave the part times position on side and only focus on these two positions, based on transitional arrangements home office says one worker for 6 months and one for 18 months. Now position 1 which lasted for 9 month is covering the 6 months and position 2 which has done 16month (till today) and is still under 2 month from 18 months. So if you visa will expire let say after 2 months the the 2nd position will also reach to 18th months and will cover the 2nd point.

So I dont think there has to be any issue with you, because in my case I have had quite similar job creations, where two guys worked full time and about 6 guys for part time. So I only submitted the two full time for 6 months and 18 months (though one full time did 11 months and 2nd did 22 months). Home office accepted those, though my visa got refused due to another issue (solicitor's mistake, didnot submit the DL for my company B and bank statement). Which I am now going to submit in new application.

[VWS]

I understand your scenario

but as you stated the HO example for 1 FT job for 6 months and 1 FT for 18 months is merely an example to show that 2 FT have to cover the 24 months.

I dont think so that if it is worded as 1 FT for 6 months and 1 FT for 18 months has to be exactly the same. Like in ur case 1 was for 11 months and another FT job was for 22 months. So they cover u for more then 24 months.

this is what I will be doing as well. PT jobs can be considered as additional jobs but 2 FT job creation criteria is met with those 2 FT jobs which will be 16 months including this sep and 9 months for the other FT job.

even if the first FT job does not go for 18 months. FOR EXAMPLE if the employee leaves next month, i will have 17 months FT job and 9 months FT has already been done. I will still fulfill the criteria

hope this makes sense.

sorry to hear about ur refusal. thats a very big mistake from a solicitor's point of view as DL agreement is quite a significant document for the application.

Goodluck with the new application.

[FOCUS]

Hi all,

Yes I think as VWS stated its just an example and it need not to be exactly as given in the HO's example .
For example for a period of 7 months it can be as follows,

1st Month- 3 FT Employees
2nd Month- 5 FT Employees
3rd Month- 6 FT Employees
4th Month- 4 FT Employees
5th Month- 3 FT Employees
6th Month- 2 FT Employees
7th Month- 2 FT Employees --> Total = 25 FT Payslips.

Similarly It can be any combination if u r under transitional arrangement,
PLEASE CORRECT ME IF IAM WRONG Gurus

[zimba]

Examples in the guide are JUST examples. You can have different combinations

[FOCUS]

Thanq Zimba

[VWS]

OMG!!!

my solicitor is giving me a headache here.

he is adamant that I am not satisfying the criteria coz as per the guidance

1 FT job for 18 months and 1 FT for 6 months has to be followed as it is .... his phenomena is 1 FT for 18 months is 1.5 job and remaining 6 months for another FT job is .5 jobs. so adding these 2 will give u 2 FT jobs.

otherwise 16 months of 1 FT and 9 months of another FT is not enough to cover the criteria for 2 FT jobs.

[awan905]

I understand your scenario

but as you stated the HO example for 1 FT job for 6 months and 1 FT for 18 months is merely an example to show that 2 FT have to cover the 24 months.

I dont think so that if it is worded as 1 FT for 6 months and 1 FT for 18 months has to be exactly the same. Like in ur case 1 was for 11 months and another FT job was for 22 months. So they cover u for more then 24 months.

this is what I will be doing as well. PT jobs can be considered as additional jobs but 2 FT job creation criteria is met with those 2 FT jobs which will be 16 months including this sep and 9 months for the other FT job.

even if the first FT job does not go for 18 months. FOR EXAMPLE if the employee leaves next month, i will have 17 months FT job and 9 months FT has already been done. I will still fulfill the criteria

hope this makes sense.

sorry to hear about ur refusal. thats a very big mistake from a solicitor's point of view as DL agreement is quite a significant document for the application.

Goodluck with the new application.

Thanks and I dont mean to say that your are not fulfilling, at current stage you are still fulfilling, the reason I am saying to apply for 6month and 18th months is just to be on safe side, because the issue with home office is this that they are trying to refuse applications for stupid reasons. If caseworker gets confused then they simply rejects the application even if you have submitted correct info. Your 2nd position has already completed 16 months and just add two more and make it 18 month, This is just to be on be safe side and also to keep the application simple. In this way you will also be doing less paperwork for PAYE and other documents which you will be submitting from accountant side.

[zimba]

OMG!!!

my solicitor is giving me a headache here.

he is adamant that I am not satisfying the criteria coz as per the guidance

1 FT job for 18 months and 1 FT for 6 months has to be followed as it is .... his phenomena is 1 FT for 18 months is 1.5 job and remaining 6 months for another FT job is .5 jobs. so adding these 2 will give u 2 FT jobs.

otherwise 16 months of 1 FT and 9 months of another FT is not enough to cover the criteria for 2 FT jobs.

That is not true and he is wrong. You need simply 24 months of full time employment and that has NOTHING to do with the employees. A position can be as many months as you want it to be with as many employees as you want under transitional arrangements

[VWS]

Exactly. thats what I am trying to explain to him now.

Many thanks for all your support.

[ashrun7]

Hello everyone,

I have a similar query with regards to job creation. I will be applying for extension in Feb 2016.

I got visa before April 2014 and I have created employment as below:

Employee 1: Part-time 20 hours a week
Start date: Aug 2015
End Date: Sep 2016
No of months worked: 13 months

Employee 2: Full time, 30 hours a week
Start date: Sep 2015
End Date: April 2016
No of months worked: 8 months

Employee 3: Full time, 30 hours a week
Start date: April 2016
End date: Currently working (till Jan 2017)
No of months worked: 10 months

Employee 4: Part time, 20 hours a week
Start date: Dec 2015
End date: June 2016
No of months worked: 7 months

Employee 5: Part time, 20 hours a week
Start date: July 2016
End date: Currently working
No of months: 5 months

I am a little bit confused as to how to show 2 full-time employees by the employment created as above.

I require help from all the experienced members please.

Please help.

Thanks.

Kind Regards

[zimba]

Every role must go to its own table (a role can be occupied by multiple employees) . Then these roles can be combined together to make equivalent of 24 months full time employment. It is straightforward !

[rajrea]

Hi All,

I've a query regarding filling the job creation table in the application form.
I got visa before April 2014 and I have created employment as below:

Employee 1: Part-time 17 hours a week
Start date: March 2015

Employee 2: Full time, 32 hours a week
Start date: Aug 2015

Employee 3: Part time 17 hours a week
Start date: Sep 2015

All employees are still continuing but there is a increase in hourly rate from 1ST March 2016 to all employees and this is how I filled the Job creation table in the Application form

Job number: Is this should be as per employee number in the payslip or in chronological order ?
Job title:
Date post created: Guess this is the date when employee started working

Employee Name : Employee 1
Start Date : 01/03/2015
End Date : 29/02/2016
Hourly rate Paid: £7 - Part time


Start Date : 01/03/2016
End Date : Till date
Hourly rate Paid: £10

Note : I'm unable to do as a table so I've entered them in the above format above calculations is example format of 1 employee whose hourly rate was increased from 1st Mar 2016


Now my question is

1.Is it the way how we need to fill ? Why I'm asking this is I've mentioned the end date in above row for that particular hourly rate but not a real end date so bit confused how to fill the table

2. As all the employees are still continuing do we need to write the end date ? or do we need to write the end date as taking at least 12 month employment for above example it should be 31/03/2016 ?

please suggest your thoughts on this

[ashrun7]

Hi Zimba,

Thank you for your response.

In my case,

1) Employee 1 (office co-ordinator) has worked part-time for 13 months. So can this be classified as 6 months of full-time employment as I got my initial visa before April 6, 2014?


2) Employee 2 (associate consultant) worked for 8 months of full-time work and Employee 3 (associate consultant) will be completing 10 months of full time work by Jan 2017. So can this be classified as 18 months of full-time employment please?

I would really appreciate if you could clarify the situation please?

Thanks.

Kind Regards