malishanTier1 wrote:
For Job 2, I have this situation;
Employee 3 which is Full Time has started on 01 July, 2015 and has left on 30 September, 2016.
I assume it is 30 September 201
5
malishanTier1 wrote:During his 3 months of time period, another employee i.e. Employee 4 started as Full Time from 01 August, 2015 and has left on 31 January, 2017.
Again, assume you mean January 201
6.
malishanTier1 wrote:As you can see, there is an overlap which means two full time employees have at least worked together for two months together i.e. August and September 2015.
My interpretation of the current rule is that while there is no issue with having overlaps, you can only get points for one employee during the overlap period (max 30 hrs per week)
malishanTier1 wrote:This second employee Employee 4 continued to work until the end of January, 2015 and he is being joined by two part time employees i.e. Employee 5 and Employee 6 which have started working from 1 January 2016 till 30 June 2016. Which also means that in the month of January, there were 3 employees under one job (1 as full time and 2 as part time). Together, these four employees i.e. Employee 3, Employee 4, Employee 5 and Employee 6 have worked to make one equivalent full time post of 12 continuous months.
So, can I combine Employee 3, Employee 4, Employee 5 and Employee 6 under one job to claim points for one full time equivalent post of 12 continuous months?
My strict interpretation of the rule/guidelines is that you can no longer combine full time and part time in a single job because it says the part-time jobs need to have lasted 12 months each.
But it is not 100% clear. The rule is written badly so I am sure there will be a legal dispute on it.
I also personally think not allowing combination of FT and PT within one job is unreasonable and the rule contradictions can be used by the CW to still allow it.
Unfortunately, we will not know unless someone like you apply and they make a decision.
malishanTier1 wrote:In Home Office guidance, it is not mention if the number of employees can be or can not be overlapped during the same time period for which points are claimed.
Yes, the HO does not talk about overlapped employees, but it does not say it is not allowed (it would be unreasonable if they did), so overlap on its own should be ok. But it is clear you will not get credit for it as they maximum hours per week is 30 for any job.
You have no other option at this point in time anyway, except to combine FT and PT and apply.
It becomes quite complex how you will indicate it in the application form and you have to clearly indicate what jobs are combined - which means (to me) that you have to fill in the form as 4 Jobs. Employee 1 and Employee 2 will be Job 1 and Job 2 and they can be shown to be combined - so that's easy.
If I were in your place, I would then enter Job 3 and Job 4, put the FT employees in both and 1 PT employee in Job 3 and the other in Job 4.
That way it meets the requirement that both jobs have lasted 12 months (which is mandatory) and if I get rejected, I could argue that the FT employees were working 50% of their time on each job. I can't see how HO could argue that with me.
Unfortunately, you will be one of the test cases of the new guidelines being used - and it is never easy to be the guinea pig.
Anyway, good luck with your application and I look forward to the result. I am fairly confident it will be successful and HO will revise their guidelines as they start facing these cases.
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.
