Job creation during process extension

[Hiuk7777]

Dear all,

I am a silence user of this forum. I checked this forum all the time and found a lot experience here. However I will be in a different situation which I never saw anyone post here before, so I decide write my situation and find help from your guys here.

My situation is :

My extensions is still in home office to process and it's over two months already. Obviously I don't know when I can get.

I have created two jobs for extension but one of them want to left during this time and I want recruit a new one to cover his position.

I am not sure can I use this new staff to award points for my settlement visa. I checked the guidance, it says I need maintenance my initial post for another 1 year or recruit two new for one year.

Is this new means start from when I get my extension?

Thanks

[aby00156]

Yes you can use this staff but from my understanding you have to show that you created / maintained two jobs for 12 months period since the date you have been granted extension.

Job created / maintained during the extension application process have no bearing.

So hopefully when you get a positive result i.e. when you are granted extension, you have to create / maintain 2 jobs for 12 months from that date.

[Hiuk7777]

Yes you can use this staff but from my understanding you have to show that you created / maintained two jobs for 12 months period since the date you have been granted extension.

Job created / maintained during the extension application process have no bearing.

So hopefully when you get a positive result i.e. when you are granted extension, you have to create / maintain 2 jobs for 12 months from that date.

Thanks for your reply.

My concern is I didn't use this new staff to award points for my extension. Is the guidance (maintenance one year )means maintenance the staff who you used to award point or any settlement staff from the initial?

[aby00156]

It doesn't matter. Staff can change any time. Staff have no bearing in extension or settlement.

You are fine if the leave just replace them with someone else and maintain the job for 12 months from the time you got extension simple.

[Hiuk7777]

It doesn't matter. Staff can change any time. Staff have no bearing in extension or settlement.

You are fine if the leave just replace them with someone else and maintain the job for 12 months from the time you got extension simple.

CanI recruit a new job title now and maintain 12 months once I get extension.

[zimba]

You must create 3120 hours of employment AFTER your extension was granted to be eligible for ILR.
You can hire your replacement now, but this position must last at least 12 months after your extension is approved. This is because only the employment hours on extension visa will be counted towards 3120 hours required.

[Hiuk7777]

You must create 3120 hours of employment AFTER your extension was granted to be eligible for ILR.
You can hire your replacement now, but this position must last at least 12 months after your extension is approved. This is because only the employment hours on extension visa will be counted towards 3120 hours required.

Thanks for your reply!

So you mean I can recruit him now and maintain him at least one year after I get extension visa. He still belong the initial staff and I don't need prove I have created new post after I get visa if the current staff who I use to award point for extension left……

Aslo，do I need maintain him for another one year or i only need keep this position for one year？if he work only 3 months and left, will his working hours useless and I have to find a person who can work one year for me？3120 hours for two people only or two positions with different people？

Thanks again！

[zimba]

So you mean I can recruit him now and maintain him at least one year after I get extension visa. He still belong the initial staff and I don't need prove I have created new post after I get visa if the current staff who I use to award point for extension left……

correct

Aslo，do I need maintain him for another one year or i only need keep this position for one year？if he work only 3 months and left, will his working hours useless and I have to find a person who can work one year for me？3120 hours for two people only or two positions with different people？

A position is NOT an employee. An employee fills a position. A position needs to exist for 12 months (not even continuously) and can be filled by multiple employees. Read the GUIDE page 53

[Hiuk7777]

So you mean I can recruit him now and maintain him at least one year after I get extension visa. He still belong the initial staff and I don't need prove I have created new post after I get visa if the current staff who I use to award point for extension left……

correct

Aslo，do I need maintain him for another one year or i only need keep this position for one year？if he work only 3 months and left, will his working hours useless and I have to find a person who can work one year for me？3120 hours for two people only or two positions with different people？

A position is NOT an employee. An employee fills a position. A position needs to exist for 12 months (not even continuously) and can be filled by multiple employees. Read the GUIDE page 53

Thanks so much.