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What if employee worked 51weeks and 6days?

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Hope145
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Joined: Thu Aug 14, 2014 8:42 am

What if employee worked 51weeks and 6days?

Post by Hope145 » Sun Jun 18, 2017 8:34 pm

Have one employee who would be 52weeks on the 31st of August and my visa expires on the 1st of September.

If I post my application on the 30th of August this would mean the employee worked 51weeks and 6days, does this count as 12months

Or do I post the application on the 31st of August with next day special delivery. This would make this employee's employment 52weeks on the day of my application. Would this meet 12months criteria?

I don't want to submit an out of time application and do not want case worker troubles with employment not been up to 52weeks/12mths

Any thoughts would be appreciated!

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marcnath
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Location: Milton Keynes
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Re: What if employee worked 51weeks and 6days?

Post by marcnath » Sun Jun 18, 2017 9:10 pm

Hope145 wrote:Have one employee who would be 52weeks on the 31st of August and my visa expires on the 1st of September.

If I post my application on the 30th of August this would mean the employee worked 51weeks and 6days, does this count as 12months

Or do I post the application on the 31st of August with next day special delivery. This would make this employee's employment 52weeks on the day of my application. Would this meet 12months criteria?

I don't want to submit an out of time application and do not want case worker troubles with employment not been up to 52weeks/12mths

Any thoughts would be appreciated!
The requirement is that the employee should have completed 52 weeks, having worked 30 hours in the week. There is no requirement that he/she should have worked a certain number of days. It could be three days in the week at 10 hrs per day or 4 days at 7.5 hrs (which was my case) or any such combination.
Typically employees only work 5 days a week anyway.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Hope145
Junior Member
Posts: 89
Joined: Thu Aug 14, 2014 8:42 am

Re: What if employee worked 51weeks and 6days?

Post by Hope145 » Sun Jun 18, 2017 9:42 pm

Thanks for your reply. So basically must be 52weeks whether working full time or not. This employee 52weeks is quite close to my visa expiry. Based on my situation any thoughts on the best date to summit an application in order to meet 52weeks and not submit an out of time application?

When would
marcnath wrote:
Hope145 wrote:Have one employee who would be 52weeks on the 31st of August and my visa expires on the 1st of September.

If I post my application on the 30th of August this would mean the employee worked 51weeks and 6days, does this count as 12months

Or do I post the application on the 31st of August with next day special delivery. This would make this employee's employment 52weeks on the day of my application. Would this meet 12months criteria?

I don't want to submit an out of time application and do not want case worker troubles with employment not been up to 52weeks/12mths

Any thoughts would be appreciated!
The requirement is that the employee should have completed 52 weeks, having worked 30 hours in the week. There is no requirement that he/she should have worked a certain number of days. It could be three days in the week at 10 hrs per day or 4 days at 7.5 hrs (which was my case) or any such combination.
Typically employees only work 5 days a week anyway.

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marcnath
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Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
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Re: What if employee worked 51weeks and 6days?

Post by marcnath » Mon Jun 19, 2017 6:19 am

Hope145 wrote:Thanks for your reply. So basically must be 52weeks whether working full time or not. This employee 52weeks is quite close to my visa expiry. Based on my situation any thoughts on the best date to summit an application in order to meet 52weeks and not submit an out of time application?

When would
It must be 52 weeks, full-time. But the definition of full time is 30 hours, not 7 days.

In order for it not to be out-of-time application, you need to submit before your Visa expires. i.e. latest 1st of September.

You can submit the application once you have all the documents necessary to show the evidence of the 52 weeks. i.e once you have the payslips and FPS documents covering the full 52 weeks. I assume you/your accountant does the payroll processing at least a week before the end of the month.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Hope145
Junior Member
Posts: 89
Joined: Thu Aug 14, 2014 8:42 am

Re: What if employee worked 51weeks and 6days?

Post by Hope145 » Mon Jun 19, 2017 10:34 am

Yes, accountant would prepare payroll one week before. So can submit once august payroll is ready and FPS submitted say 25th of August? This employee start date on FPS is 1st September.
marcnath wrote:
Hope145 wrote:Thanks for your reply. So basically must be 52weeks whether working full time or not. This employee 52weeks is quite close to my visa expiry. Based on my situation any thoughts on the best date to summit an application in order to meet 52weeks and not submit an out of time application?

When would
It must be 52 weeks, full-time. But the definition of full time is 30 hours, not 7 days.

In order for it not to be out-of-time application, you need to submit before your Visa expires. i.e. latest 1st of September.

You can submit the application once you have all the documents necessary to show the evidence of the 52 weeks. i.e once you have the payslips and FPS documents covering the full 52 weeks. I assume you/your accountant does the payroll processing at least a week before the end of the month.

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marcnath
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Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
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Re: What if employee worked 51weeks and 6days?

Post by marcnath » Mon Jun 19, 2017 10:37 am

Hope145 wrote:Yes, accountant would prepare payroll one week before. So can submit once august payroll is ready and FPS submitted say 25th of August? This employee start date on FPS is 1st September.
Yes, that's right
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Hope145
Junior Member
Posts: 89
Joined: Thu Aug 14, 2014 8:42 am

Re: What if employee worked 51weeks and 6days?

Post by Hope145 » Mon Jun 19, 2017 12:53 pm

Thank you!
marcnath wrote:
Hope145 wrote:Yes, accountant would prepare payroll one week before. So can submit once august payroll is ready and FPS submitted say 25th of August? This employee start date on FPS is 1st September.
Yes, that's right

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