Entrepreneur extension

[s_ahmad]

hi there all
my initial application date was may 2014 ,now i am going for extension i have one serious issue could you please help me on this matter, in april 2014 change some policies like as employee matter,here is my employee time period any one help me in this matter i have
1 employee 35 hrs 13 month
2 employee 24 hrs 13 months
3 employee 50 hrs 7 months
4 employe 50 hrs 6 months
my question is
its cover two full time employment requirement?
i already discussed with some consultants they said you full fill there requirement as hourly but not as 2 full time employee,they said there is chance 50%
please help me on this matter,my extension due in june 15th
thanks

[seasky]

you don't have transitional arrangement.

I assume u mean weekly hours.

employee 1 FT 13 months. Check

employee 2 PT. does not help you

it boils down to employee 3&4 (did they really work 50 weekly hours??) but that is full time. So the question is did they do the same job sequentially (one replacing the other after leaving, same job position) then together they are over a year and you are OK

[s_ahmad]

thanks seasky for reply
3 employee start job november 2016
4 employee start job 1st january 2017

[seasky]

thanks seasky for reply
3 employee start job november 2016
4 employee start job 1st january 2017

in which case they are overlapping and you cannot claim they are doing one job. As such you don't meet the criteria (but you are very cryptic in your communications so maybe we are missing something. Are they really working 5o hrs a week?)

[s_ahmad]

yes they are working 50 hours properly and i am paying tax as well

[zimba]

You cannot combine the period of employment in the positions which did not last for at least 12 months.
You do not seem to have fulfilled the job creation criteria as transitional arrangements do not apply to you.

[s_ahmad]

so is there any chance in my case or what should i do?

[zimba]

so is there any chance in my case or what should i do?

You are required to follow the rules, if you do not then you will be refused

[s_ahmad]

any solution?

[zimba]

any solution?

You do not have enough time to fix this unfortunately. You need two separate roles, each lasting for at least 12 months and you cannot fix that that even until June.

[seasky]

Only option that comes to my mind is apply in June. Take as long as possible for biometrics. Hope your decision is in November (or earlier and do AR to buy more time) apply again in November (keep your November employee employed till then!)

I would consider this only if you are a strong entrepreneurial story.

[zimba]

Only option that comes to my mind is apply in June. Take as long as possible for biometrics. Hope your decision is in November (or earlier and do AR to buy more time) apply again in November (keep your November employee employed till then!)

I would consider this only if you are a strong entrepreneurial story.

This is based on the assumption that job creation is accepted on section 3C, even though the rules say that jobs must have been created during your last grant of leave !!

[seasky]

Only option that comes to my mind is apply in June. Take as long as possible for biometrics. Hope your decision is in November (or earlier and do AR to buy more time) apply again in November (keep your November employee employed till then!)

I would consider this only if you are a strong entrepreneurial story.

This is based on the assumption that job creation is accepted on section 3C, even though the rules say that jobs must have been created during your last grant of leave !!

Fair point. Zimba. I know of two cases that this was accepted (but they were very strong applications with over £1m invested and technology focused)

We also know that on this board many people get declined at extension for a myriad of reasons (missing signature on DL on accounts for example), then reapply and get extended. They don't get 3C was last period "thrown at them"

Also is 3C a separate period of leave or an automatic extension of the first period?

[zimba]

It is indeed an extension of your first period. Section 3C is a paragraph in immigration act 1971 that extends your leave after its expiry date (if you applied in-time) until your pending application is decided.

[heyaheya]

You cannot combine the period of employment in the positions which did not last for at least 12 months.
You do not seem to have fulfilled the job creation criteria as transitional arrangements do not apply to you.

hi zimba,,, i read this line in guidance policy as well '' you cannot combine the period of employment in the positions which did not last for at least 12 months'' what does it mean actually . I am pre 2014 category. where i applied in jan 2013. please if all moderators can put light on it .. as i m getting a bit worried bout it now..

[marcnath]

You cannot combine the period of employment in the positions which did not last for at least 12 months.
You do not seem to have fulfilled the job creation criteria as transitional arrangements do not apply to you.

hi zimba,,, i read this line in guidance policy as well '' you cannot combine the period of employment in the positions which did not last for at least 12 months'' what does it mean actually . I am pre 2014 category. where i applied in jan 2013. please if all moderators can put light on it .. as i m getting a bit worried bout it now..

As you are under transitional rules, you only need to have 104 weeks of 30 hours each. No need to get worried

[heyaheya]

thank you very much for your quick reply marcnath.. so i can combine any FT and PT employees for 104 weeks ...but has to be 2 different jobs ( e.g office manager and receptionist ) right. i have just few questions employment as i can see in the form most of the people are getting rejected on the basis of employment creation .. so i just want to make myself clear on this section with help of u all.
i just want to ask when they say on application form ''' provide the details of all employees who filled these jobs fr the required 12 months period''' and den job number 1 and etc.

1.so here for example i have employee 1 (job office manager) worked for 6 months and someone replaced him another employee for 8 months for example. so shall i just make 12 months which i need to claim or shall keep giving details of next next and next as some one is obviously replacing them if any.

2. my next question is if the pay rate has been changed from 7.20 to 7.50 what will i put in a box where is says hourly rate paid. how will fill this blank for all employees.

3. will i be sending payslips, fps, rti, contracts for all employees who have worked wth me since i start submitting my paye until date of my application or jus those i am caliming points for..



thanks to all moderators for taking out time and reading it. thanks in anticipation. have a good day!

[marcnath]

thank you very much for your quick reply marcnath.. so i can combine any FT and PT employees for 104 weeks

Yes, provided you are combining two PT to make one 1FT. It is 104 FT.

...but has to be 2 different jobs ( e.g office manager and receptionist ) right.

No such condition under transitional rules

i have just few questions employment as i can see in the form most of the people are getting rejected on the basis of employment creation .. so i just want to make myself clear on this section with help of u all.
i just want to ask when they say on application form ''' provide the details of all employees who filled these jobs fr the required 12 months period''' and den job number 1 and etc.

1.so here for example i have employee 1 (job office manager) worked for 6 months and someone replaced him another employee for 8 months for example. so shall i just make 12 months which i need to claim or shall keep giving details of next next and next as some one is obviously replacing them if any.

You only need to provide the details that total up to your requirement. Since, under transitional rules, 1 job of 24 months is acceptable, you can go on to list everyone there up to 24 months and you are done.

2. my next question is if the pay rate has been changed from 7.20 to 7.50 what will i put in a box where is says hourly rate paid. how will fill this blank for all employees.

Whenever the rate has been changed, add it as a separate row in that job with starting and ending dates for that pay rate.

3. will i be sending payslips, fps, rti, contracts for all employees who have worked wth me since i start submitting my paye until date of my application or jus those i am caliming points for..

You only need to send payslips and fps for the employees you are claiming for (104 weeks worth). Remember to include the FPS that shows the starting date of any employee you are claiming for. There is not such thing as RTI. RTI is the HMRC process for submitting employee information and FPS is the actual submission. Contracts are not needed. You need to submit evidence that the employees you are claiming for are settled workers

[heyaheya]

yeah got it thanks alot

so as in application form:

employee name strt date end date hourly rate full time part time
abc 06/04/2016 05/04/2017 7.20 ft
abc 06/04/2016 05/04/2017 7.50 ft


is this correct procedure.


regards,

[marcnath]

yeah got it thanks alot

so as in application form:

employee name strt date end date hourly rate full time part time
abc 06/04/2016 05/04/2017 7.20 ft
abc 06/04/2016 05/04/2017 7.50 ft


is this correct procedure.


regards,

Yes

[heyaheya]

great thanks alot for ur help nd quick replies..

regards