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ILR Employee Requirements

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ent46
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Re: ILR Employee Requirements

Post by ent46 » Thu Jan 18, 2018 5:54 pm

Thanks Zimba ,

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marcnath
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Re: ILR Employee Requirements

Post by marcnath » Thu Jan 18, 2018 6:16 pm

ent46 wrote:
Thu Jan 18, 2018 4:37 pm
Or can 2 full time employee for less than 6 months , can they fulfil the said criteria?
I don't understand the question.

The criteria is 24 months of FT equivalent. 2 FT employees of less that 6 months is less that half of the requirement.
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.

ent46
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Re: ILR Employee Requirements

Post by ent46 » Thu Jan 18, 2018 6:30 pm

Hi

my question was , since one employee worked for 6 months full time , can I make up the rest 6 month by employing 2 full time employees for 4 months ,


As Zimba pointed out: it doesn't matter as far as the employees make up 104 weeks in total full time .

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marcnath
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Re: ILR Employee Requirements

Post by marcnath » Thu Jan 18, 2018 6:40 pm

ent46 wrote:
Thu Jan 18, 2018 6:30 pm
Hi

my question was , since one employee worked for 6 months full time , can I make up the rest 6 month by employing 2 full time employees for 4 months ,


As Zimba pointed out: it doesn't matter as far as the employees make up 104 weeks in total full time .
Ok.

In my initial reply, I had said - "It does not matter how many employees and how long they work for"

So, I was wondering what you were trying to ask now.

But glad it is cleared up.
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.

ent46
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Re: ILR Employee Requirements

Post by ent46 » Thu Jan 18, 2018 6:48 pm

Thanks Marcnath and thanks to Zimba too ,

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Re: ILR Employee Requirements

Post by ent46 » Mon Feb 05, 2018 2:10 pm

Hi

I am back again , as the date comes near application , so many questions pop up.
Now , my query is , the hours put in by employees during the time application was under review i.e. application posted for extension posted in April 2016 and extension granted May 2016 , so for the 1 and half month the application was under progress, do those hours count ? During that time one part time employee continued to work as usual and hired another part time days after application was posted , do hours in the interim period count ? Please let me know .

Thanks

Ent46

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marcnath
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Re: ILR Employee Requirements

Post by marcnath » Mon Feb 05, 2018 4:27 pm

ent46 wrote:
Mon Feb 05, 2018 2:10 pm
Hi

I am back again , as the date comes near application , so many questions pop up.
Now , my query is , the hours put in by employees during the time application was under review i.e. application posted for extension posted in April 2016 and extension granted May 2016 , so for the 1 and half month the application was under progress, do those hours count ? During that time one part time employee continued to work as usual and hired another part time days after application was posted , do hours in the interim period count ? Please let me know .

Thanks

Ent46
No, they don’t count. Processing period is an extension of your initial grant.
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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Re: ILR Employee Requirements

Post by ent46 » Mon Feb 26, 2018 7:59 pm

Hi

Can I ask about employee hours , if a employee has worked 26 hours in a week ( therefore a part time employee ) so will the home office only consider 16 hours in that week towards the 3120 hours calculation?

Similarly for a employee who works full time i.e. more than 30 hours a week , Home office will only consider 30 hours for the hours towards 3120 hours calculation ?

I got my entrepreneur visa in April 2013 , so pre April 2014 rules will apply here.

Please answer my query above .

Best Regards

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marcnath
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Re: ILR Employee Requirements

Post by marcnath » Mon Feb 26, 2018 9:12 pm

ent46 wrote:
Mon Feb 26, 2018 7:59 pm
Hi

Can I ask about employee hours , if a employee has worked 26 hours in a week ( therefore a part time employee ) so will the home office only consider 16 hours in that week towards the 3120 hours calculation?

Similarly for a employee who works full time i.e. more than 30 hours a week , Home office will only consider 30 hours for the hours towards 3120 hours calculation ?

I got my entrepreneur visa in April 2013 , so pre April 2014 rules will apply here.

Please answer my query above .

Best Regards
There is no such thing as a 3120 hours calculation. Not sure where you get that from - will appreciate any reference from official documents to that number.

The requirement for pre-April 2014 cases is 24 months (104 week) of FT equivalent, FT being defined as 30 hrs/week OR MORE.

So, as job at 60 hrs in a week is counted as 1 week, not two.

I have no idea how to figure out your 26 hrs/week job. Strictly speaking, that does not contribute to your job creation at all. So you get 0 weeks. It has to be combined with another part time job to total up to 30 hrs/week to be counted as one FT job.
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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Re: ILR Employee Requirements

Post by ent46 » Mon Feb 26, 2018 9:37 pm

Hi Marcnath

30 hours in a week @ 52 week comes out to be 1560 hours

For 2 employees that will be 3120 hours , so essentially I have to create this minimum amount of work.


If a employee ( part time ) works for 2 years and works so that should be equal to 1 FT employee , is that correct ?

And therefore I asked the previous question about the hours' calculation

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marcnath
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Re: ILR Employee Requirements

Post by marcnath » Mon Feb 26, 2018 10:24 pm

ent46 wrote:
Mon Feb 26, 2018 9:37 pm
Hi Marcnath

30 hours in a week @ 52 week comes out to be 1560 hours

For 2 employees that will be 3120 hours , so essentially I have to create this minimum amount of work.
I repeat - ignore TOTAL hours calculation - it is irrelevant. HO does not calculate job creation that way.
You need to create 104 weeks of FT work - irrespective of how many hours it is. Yes, it will be a minimum of 3120 but that number has no relevance to see if you have created the necessary jobs unless you are exactly 30 hrs in each week.
ent46 wrote:
Mon Feb 26, 2018 9:37 pm
If a employee ( part time ) works for 2 years and works so that should be equal to 1 FT employee , is that correct ?
Under my interpretation of immigration rules - the answer is No. Immigration rules require you to combine TWO or MORE JOBS to make one FT equivalent.
However, in the pre-April 2014 cases reported in this forum, HO seems to have been accepting this. Of course, the PT work has to be 15 hours or more per week. So, if it was 10 hrs per week, this would be zero jobs.
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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