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Job creation clarification

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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jobberman1
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Joined: Thu May 04, 2017 12:13 pm

Job creation clarification

Post by jobberman1 » Mon Jul 17, 2017 7:12 pm

Hello respected members,

I know this question has been discussed before but i need a little clarification, especially on job creation. Zimba mentioned in one of his post some time ago that you need to have 52 weeks of employment per employee, not monthly hours which I understand.
Now, If a person has created 30 hours per week which is about 120 hours per month, for 13 calendar months, will that fulfil the requirements of hours needed?
Because 120 x 12months = 1440 hours
120 x 13months = 1560 hours which = 52weeks of employment.
Please is this calculation correct and acceptable?
Please help

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marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Please help

Post by marcnath » Mon Jul 17, 2017 7:28 pm

jobberman1 wrote:Hello respected members,

I know this question has been discussed before but i need a little clarification, especially on job creation. Zimba mentioned in one of his post some time ago that you need to have 52 weeks of employment per employee, not monthly hours which I understand.
Now, If a person has created 30 hours per week which is about 120 hours per month, for 13 calendar months, will that fulfil the requirements of hours needed?
Because 120 x 12months = 1440 hours
120 x 13months = 1560 hours which = 52weeks of employment.
Please is this calculation correct and acceptable?
Please help
What do you mean by "30 hours per week which is about 120 hours per month" ? A month is 4 weeks and 2 or 3 days (except for Feb when it is exactly 4 weeks). So, are your employees only working exactly 28 days of each month ?

As mentioned before - ignore months, ignore total hours, just calculate number of weeks with 30 or more hours. And that number of weeks should be 52 or more.
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.

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zimba
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Location: UK
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Re: Job creation clarification

Post by zimba » Mon Jul 17, 2017 7:53 pm

Please write proper titles for your posts :!:
Things like 'Please help', 'urgent help', etc is not descriptive enough as a title for a post :!: :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Faheemryk
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Posts: 209
Joined: Wed Apr 23, 2014 10:34 pm
Pakistan

Re: Job creation clarification

Post by Faheemryk » Mon Jul 17, 2017 8:27 pm

I got refusal on similar issue, but important thing is that ukvi mentioned in my refusal that they consider maximum 130 hours per month as full time job.

I think this is how they work out hours

30 hours per week X 52 weeks in a year = 1560 hours per year / 12 months

= 130 hours per month

jobberman1
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Posts: 12
Joined: Thu May 04, 2017 12:13 pm

Re: Job creation clarification

Post by jobberman1 » Tue Jul 18, 2017 6:32 pm

Thank you Marcnath and Faheemryk. You are both kind with you answers. Thank you also Moderator. Actually I just base every month on 4 weeks each (28 days as you say) and that is the hours my workers do ie 30hours x 4 = 120 hours per month. Since they work 30hours per week it will take 13 months to fulfil the 52 weeks requirement. I just discovered that if an employee works 30 hours for 12 months the total hours will be 1440 instead of 1560.
My question is, must the hours be achieved within 12 months (consecutive or not) or I can stretch it to 13 months as long as it is minimum 30 hours per week? Please any answer will be appreciated.

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marcnath
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Location: Milton Keynes
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Re: Job creation clarification

Post by marcnath » Tue Jul 18, 2017 7:09 pm

jobberman1 wrote:Thank you Marcnath and Faheemryk. You are both kind with you answers. Thank you also Moderator. Actually I just base every month on 4 weeks each (28 days as you say) and that is the hours my workers do ie 30hours x 4 = 120 hours per month. Since they work 30hours per week it will take 13 months to fulfil the 52 weeks requirement. I just discovered that if an employee works 30 hours for 12 months the total hours will be 1440 instead of 1560.
My question is, must the hours be achieved within 12 months (consecutive or not) or I can stretch it to 13 months as long as it is minimum 30 hours per week? Please any answer will be appreciated.
That clarifies the question.

Yes, no issue in spreading it over 13 months or 24 months.

While it is not exactly specified how HO calculates these hours, there are some hint in the information they ask.
1) They want the FPS to state the pay and PAYE
2) They want the payslips
3) They want you to specify the hourly rate in the Job creation table.

Assuming that you have monthly payslips/FPS, the only way the HO can use this info is to divide monthly pay/hourly rate to estimate the number of hours in a month. They expect that to be 130 hrs or more and they expect 12 such months, with the exception being when an employee joins/leaves in the middle of the month.

So make sure you explain clearly how this 28 days a month works - it is not intuitive.
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.

jobberman1
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Joined: Thu May 04, 2017 12:13 pm

Re: Job creation clarification

Post by jobberman1 » Wed Jul 19, 2017 3:22 am

Faheemryk, I have read your post and refusal letter, am I correct to say HO accept your January and February submission of 120 hours? Because if you wrote that you were short by just 310 hours total then your January and February hours must have been accepted. Can you please clarify?

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