Another query on Job Creation - SIGH!

[The Symbol]

Hey guys,

This might be trivial but I am losing my sleep over it so I thought better to ask here.

So keeping it simple, have 2 employees who worked for 7 and 17 months; full time throughout. Query is my first employee started on 2nd of Feb 2015 as 1st was Sunday and that's the date I have on all relevant documents including FPS. Payslip shows 130 hours monthly so that's not the issue but would starting on 2nd of the month can cause problem (as in not counting the whole month of employment?). The employee left on 31st August. And I was planning to claim 7 months for this employee under Job Creation. Would that be an issue?

I never thought of this before and could be a silly one but I was just doing my final checks and stumbled upon on the last page of guidance where in Annex F; the example says they started on 4/1/15 and finishing on 4/1/16. Like bang on same date and hence, my query!

[zimba]

That is why I have repeated hundreds of times to calculate a work period on a weekly basis. Your employee worked full 30 weeks which you can claim.

[seasky]

I don't understand how there can be so many queries on this forum on job creation that end up being 'exactly' the minimum time needed. Sometimes down to the hour. -SIGH!

[marcnath]

Zimba's reply does raise a question.

If you have to look at it as weeks, then does it mean 52 weeks ?

The requirement for a single job to go 12 months does bring some challenges - especially when you are in a start up when the requirements can change over time. I am assuming they made this interpretation strict because someone abused it but this feels like the Home office dictating how I should run my business and set my employment practices.

If the extension period of leave starts from the expiry date of the initial leave, then I am fine. But if it starts from the date of issue of extension, then I may be in the border line (haven't actually calculated). Again, if they take into account time until the decision is made, I am ok.

[zimba]

If you have to look at it as weeks, then does it mean 52 weeks ?

Yes, a year is 52 weeks

The requirement for a single job to go 12 months does bring some challenges - especially when you are in a start up when the requirements can change over time. I am assuming they made this interpretation strict because someone abused it but this feels like the Home office dictating how I should run my business and set my employment practices.

There is no such requirement pre April 2014, for post April 2014 a job needs to exist 52 weeks but that does not need to be continuous

If the extension period of leave starts from the expiry date of the initial leave, then I am fine. But if it starts from the date of issue of extension, then I may be in the border line (haven't actually calculated). Again, if they take into account time until the decision is made, I am ok.

I answered this hundreds of times here. The jobs ALWAYS need to be created during the LAST GRANT OF LEAVE . This means that ONLY jobs created AFTER extension will count towards ILR

[marcnath]

Thank you.


From the guidance, pre-April 2014 is still limited to the additional three examples - one job of 24 months, 18+6 months or 4 jobs of 6 months. Or do they continue to be flexible with other combinations - 13 months on one job and 11 on another ?



Sorry I did not see previous answers. A follow up question though (hopefully not replied before also) would the period "LAST GRANT OF LEAVE" go on until the decision date ?

[zimba]

From the guidance, pre-April 2014 is still limited to the additional three examples - one job of 24 months, 18+6 months or 4 jobs of 6 months. Or do they continue to be flexible with other combinations - 13 months on one job and 11 on another ?

The requirement is equivalent of two full time jobs, so as long as you have min of 24 months of employment you should be fine.

Sorry I did not see previous answers. A follow up question though (hopefully not replied before also) would the period "LAST GRANT OF LEAVE" go on until the decision date ?

I would say no. Your last grant of leave could only be your initial period (for extension) or the extension period (for ILR)