Jobs Requirements

[blueangel20063]

Hi All,

I Need Help regarding jobs requirements for tier1 extension.

Employee 1: Part Time - 8 Months- 80 hrs/month- Dec 2015 to July 2016

Employee 2: Part Time- 16 months- 80 hrs/ month - Dec 2015 to March 2017


Employee 3: Full time- 13 months- 130 hrs/ month- Jan 2016 to Feb 2017


is job 1 fulfilled by combining Emp 1 & emp 2 as they both were part-time but after 8 months Emp 1 Left while Emp 2 carried on?

Job 2 is clearly fulfiiled by Emp 3


thanks in advance

[marcnath]

As per the guidelines, only PT jobs that last 12 months each can be combined.

So, if your situation is such that

Job 1:
Employee 1: Part Time - 8 Months- 80 hrs/month- Dec 2015 to July 2016
Employee 2: Part Time- 4 months- 80 hrs/ month - Dec 2016 to March 2017
and
Job 2:
Employee 2: Part Time- 12 months- 80 hrs/ month - Dec 2015 to Nov 2016

i.e. Employee 2 started doing the job that Employee 1 was doing from Dec 2016 onward, then you should meet the requirements as per the rules as you can combine Job 1 and Job 2, each of which has lasted 12 months.

But, as I have been responding in a few other cases, this is not very clear. And since the applications under new guidelines are only starting now, we will not know if this will be accepted.

I suspect it will be accepted though, if not for any other reason than to avoid legal challenges. They may then update the rules/guidelines later.

[blueangel20063]

many Thanks for your Reply Marcnath,,,,, sorry for not mentioning that I am on Pre-April 2014 route.

under transitional arrangement am i on the safe side ? or i need look for someone to work in my company.

thanks in Advance

As per the guidelines, only PT jobs that last 12 months each can be combined.

So, if your situation is such that

Job 1:
Employee 1: Part Time - 8 Months- 80 hrs/month- Dec 2015 to July 2016
Employee 2: Part Time- 4 months- 80 hrs/ month - Dec 2016 to March 2017
and
Job 2:
Employee 2: Part Time- 12 months- 80 hrs/ month - Dec 2015 to Nov 2016

i.e. Employee 2 started doing the job that Employee 1 was doing from Dec 2016 onward, then you should meet the requirements as per the rules as you can combine Job 1 and Job 2, each of which has lasted 12 months.

But, as I have been responding in a few other cases, this is not very clear. And since the applications under new guidelines are only starting now, we will not know if this will be accepted.

I suspect it will be accepted though, if not for any other reason than to avoid legal challenges. They may then update the rules/guidelines later.

[marcnath]

many Thanks for your Reply Marcnath,,,,, sorry for not mentioning that I am on Pre-April 2014 route.

under transitional arrangement am i on the safe side ? or i need look for someone to work in my company.

thanks in Advance

It helps that you are under transitional arrangement but not much.

You still need to combine PT jobs to make a full time job and you need to tell the CW which part time jobs are being combined.

While there is a lot more flexibility pre-2014, I am not sure if you can, for example, treat 24 months PT as 12 months FT.

Your safest bet is to have another PT job for 4 month if you can do that.

[blueangel20063]

Thanks Once again for your time & reply.

with 4 more months of another Part Time employee. can i then combine these 4+8+16 PT to make it full time job coz i heard a job has to be atleast 6 months or more in order to claim it towards a job a requirement fulfilment? is this true shall i look for someone for only 4 months PT or does it have to be at least 6 months?

many Thanks for your Reply Marcnath,,,,, sorry for not mentioning that I am on Pre-April 2014 route.

under transitional arrangement am i on the safe side ? or i need look for someone to work in my company.

thanks in Advance

It helps that you are under transitional arrangement but not much.

You still need to combine PT jobs to make a full time job and you need to tell the CW which part time jobs are being combined.

While there is a lot more flexibility pre-2014, I am not sure if you can, for example, treat 24 months PT as 12 months FT.

Your safest bet is to have another PT job for 4 month if you can do that.

[marcnath]

Thanks Once again for your time & reply.

with 4 more months of another Part Time employee. can i then combine these 4+8+16 PT to make it full time job coz i heard a job has to be atleast 6 months or more in order to claim it towards a job a requirement fulfilment? is this true shall i look for someone for only 4 months PT or does it have to be at least 6 months?

Not sure where you heard that from - no such minimum employment requirement in the rules/guidance.

[blueangel20063]

Thanks Marcnath for your support, I better look for 4 months PT employee.

Thanks Once again for your time & reply.

with 4 more months of another Part Time employee. can i then combine these 4+8+16 PT to make it full time job coz i heard a job has to be atleast 6 months or more in order to claim it towards a job a requirement fulfilment? is this true shall i look for someone for only 4 months PT or does it have to be at least 6 months?

many Thanks for your Reply Marcnath,,,,, sorry for not mentioning that I am on Pre-April 2014 route.

under transitional arrangement am i on the safe side ? or i need look for someone to work in my company.

thanks in Advance

It helps that you are under transitional arrangement but not much.

You still need to combine PT jobs to make a full time job and you need to tell the CW which part time jobs are being combined.

While there is a lot more flexibility pre-2014, I am not sure if you can, for example, treat 24 months PT as 12 months FT.

Your safest bet is to have another PT job for 4 month if you can do that.

[blueangel20063]

Hi Again, I consulted an immigration advisor yesterday and he told me with new guidelines I the job must last for at least 12 months and must be parallel as well, means if one employee leave another employee must straight away replace him there must no gap in between. is this correct ? Do i need only 4 months PT employment any time or was that supposed to be started in Aug 2016 straight after another PT employee left. Thanks

many Thanks for your Reply Marcnath,,,,, sorry for not mentioning that I am on Pre-April 2014 route.

under transitional arrangement am i on the safe side ? or i need look for someone to work in my company.

thanks in Advance

It helps that you are under transitional arrangement but not much.

You still need to combine PT jobs to make a full time job and you need to tell the CW which part time jobs are being combined.

While there is a lot more flexibility pre-2014, I am not sure if you can, for example, treat 24 months PT as 12 months FT.

Your safest bet is to have another PT job for 4 month if you can do that.

[marcnath]

Hi Again, I consulted an immigration advisor yesterday and he told me with new guidelines I the job must last for at least 12 months and must be parallel as well, means if one employee leave another employee must straight away replace him there must no gap in between. is this correct ? Do i need only 4 months PT employment any time or was that supposed to be started in Aug 2016 straight after another PT employee left. Thanks

I hope you are not paying that immigration advisor.
From the guidelines:
172. A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year)
It can't be clearer than that to show that it does not have to be continuous.

[blueangel20063]

you are quite right. its crystal Clear. I will arrange for PT employment for 4-6 months for safe side. many Thanks Marcnath. you have been very helpful

Hi Again, I consulted an immigration advisor yesterday and he told me with new guidelines I the job must last for at least 12 months and must be parallel as well, means if one employee leave another employee must straight away replace him there must no gap in between. is this correct ? Do i need only 4 months PT employment any time or was that supposed to be started in Aug 2016 straight after another PT employee left. Thanks

I hope you are not paying that immigration advisor.
From the guidelines:
172. A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year)
It can't be clearer than that to show that it does not have to be continuous.

[marcnath]

In my own case, I had one job which had an employee for 8 months, then a year later I hired someone who quite after 3 weeks and was replaced 3 weeks later.
Of course, I was pre-2014, so it did not matter as much. But I still submitted submitted it as 1 job for 12 months but spread over 2 years.