Employee -Is this enough?

[cocoabutter]

Hi Gurus,

I got my Tier 1 entrepreneur visa before April 2014. I have a few concern regarding employee calculations.

I have created 1 role "Sales Rep". In this role 3 people have worked full time for 23 months all together i.e.they have worked at least 120 hours each month.
1 person have also worked part time for 10 months.

The total hours worked altogether is currently 3734.

Is the above employment enough as requested by HO for a successful application. Will the part time job created be counted to complete 24 months employment?

Zimba, Your suggestion will be appreciated.

[Ujalasahar123]

Are u going through guidance policy... It clearly states there 12 months atlest .. So if u have done 23 months continuous ur good .still read policy guidance


https://www.gov.uk/government/uploads/s ... 1_2016.pdf

[cocoabutter]

Thanks for replying....Yes i have been going through policy guidance.

My question is will the part time job on its own be accepted and count towards my job creation by HO? I have 23 months of Full time and 10 Months of part time. I am planning to apply any time soon.

[Ujalasahar123]

If u have 3 full time jobs for 23 months why u need to claim that part time. Why ur putting urself in trouble . There requirement is 2 atlest for 12 months.

[zimba]

You need 24 months of full time employment and it seems you are short of one month

My question is will the part time job on its own be accepted and count towards my job creation by HO? I have 23 months of Full time and 10 Months of part time. I am planning to apply any time soon.

There is no guidance or rules on this. Rules only cover that part time positions can be combined together to make full time ones.
You can assume that this employee worked equivalent of 5 months full time if he worked at least 15 hours a week but again it is not clear if this will be accepted. I suggest to split the working period into two halves, enter them as separate periods on the form and then tick that these two periods are being added together to make a full time.

[cocoabutter]

Thanks for the suggestion Zimba88, you have just clarify my doubt. I think your suggestion on splitting the part time position into two halves and entering them as separate periods on the form and then tick that these two periods are being added together to make a full time is in-accordance of the policy guidance.

My hope is that case worker will understand that the role has existed for at least 12 months.i.e The part-time position is part of the full time role created.

Hence the reason i have create only 1 job role.

[Rocher]

can we add two full time jobs to make 12 month period?
for example one employee worked 4 months full time and second employee worked 8 months full time. can we combine the employment of these two employees to make it 12 months as per pre april 2014 rule.

Thanks

[samaygrg]

can we add two full time jobs to make 12 month period?
for example one employee worked 4 months full time and second employee worked 8 months full time. can we combine the employment of these two employees to make it 12 months as per pre april 2014 rule.

Thanks

I think you can.

[zimba]

can we add two full time jobs to make 12 month period?
for example one employee worked 4 months full time and second employee worked 8 months full time. can we combine the employment of these two employees to make it 12 months as per pre april 2014 rule.

Thanks

Yes, under transitional arrangements positions do not need to last 12 months.

[Rocher]

can we add two full time jobs to make 12 month period?
for example one employee worked 4 months full time and second employee worked 8 months full time. can we combine the employment of these two employees to make it 12 months as per pre april 2014 rule.

Thanks

Yes, under transitional arrangements positions do not need to last 12 months.

Thanks zimba for your kind reply you been so supportive for all of us.
just to let you know these job been based on two different positions not the same positions.
so on the basis of that can we combine two different posts to make one 12 months ????

and secondly if one employee worked 15 months and second worked 9 months. both workers worked on two separate posts from last 15 months.

by combining the the months of above two workers can we claim 2 jobs???

[zimba]

Yes, just total of 24 months of full time employment

[Rocher]

Yes, just total of 24 months of full time employment

Thanks for your reply.
But on the policy guidance its clearly says two different jobs that have existed for less than 12 months cannot combine together to make a 12 months period.

According to the above statement how i can come two different jobs???

Sorry if i miss understood

[zimba]

I am repeating myself here as you do no seem to grasp the transitional arrangements. Two separate positions for 12 months is only required if applied to enter the route after 6 April 2014.

[cocoabutter]

Hello Everyone

Zimba88, Thanks for your contributions so far.

I have asked a solicitor the same question about combining employee for Pre April 2014 transitional arrangement. She said the employment must be in accordance of the policy guidance as stated below. I argue with her that it seems the below is just an illustratioon but she said its not stated in the guide that its an illustration or example. she advise that the employment should be either
- one worker for 24 months
- one worker for 6 months and one for 18 months
- 4 workers for 6 months each

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


Zimba88 your contributions or any prove that says otherwise will be highly appreciated

[zimba]

Those are examples only, you can have other combinations. The logic is that the transitional arrangements are in place because before 2014 rule changes, the rules merely required you to create EQUIVALENT of two full time jobs which is 24 months of full time employment. HO understood that the rules did NOT ask for two separate roles and that is why they came up with the transitional arrangements.

This is from early 2013 immigration rules archive:

established a new business or businesses that has or have created the equivalent of at least two new full time jobs for persons settled in the UK

[cocoabutter]

Zimba88 Many thanks for your prompt response and for being a STAR . I believe this should clarify any doubt in Transitional agreements as per job creation.