Tier-1 50K Job creation requirement

[N156]

Hi All,

I applied for my Tier 1 Entrepreneur visa(50K route) on 11-2-2014. I got the Visa on 22-09-2015.

1st employee started job in May 2017, 2nd employee started in Jun 2017. 1st employee year ends May 2018 and 2nd Employee Year ends Jun 2018 (stating the obvious).

Until now they have done random hours but never less than 120 a month. I was told that 120 a month was minimum but now I have read and learned that 130 hrs is the minimum.

Now my question is that to be able to clam the points for employment do my employees need to do additional hour to cover the remaining hrs to 1560 (ie 2x1560= 3120)? And if they do cover the hours will it be considered for the extension application coming in Sep 2018?

Please let me know i`m really confused?

[marcnath]

Hi All,

I applied for my Tier 1 Entrepreneur visa(50K route) on 11-2-2014. I got the Visa on 22-09-2015.

1st employee started job in May 2017, 2nd employee started in Jun 2017. 1st employee year ends May 2018 and 2nd Employee Year ends Jun 2018 (stating the obvious).

Until now they have done random hours but never less than 120 a month. I was told that 120 a month was minimum but now I have read and learned that 130 hrs is the minimum.

Now my question is that to be able to clam the points for employment do my employees need to do additional hour to cover the remaining hrs to 1560 (ie 2x1560= 3120)? And if they do cover the hours will it be considered for the extension application coming in Sep 2018?

Please let me know i`m really confused?

The immigration rules are very explicit and clear that:
1. A full time job is a minimum of 30 hrs/week
2. Anything more than 30 hrs/week is still counted as just 1 FT work and not more.

So, if I were in your place, those would be what guides me.

The guidance does state 120 hrs per month as a full time job. And as you said, there have been rejections before where HO has claimed 130 hrs are needed.

Since the guidance and immigration rules seem to conflict, in a court, the immigration rules will be held up, not the guidance.

So, obviously, while the 120 hours may work there is no guarantee and you are better off not depending on that.

By the way, I am curious as to why you are already planning on terminating the employment in 6 months ?

[N156]

Hi All,

I applied for my Tier 1 Entrepreneur visa(50K route) on 11-2-2014. I got the Visa on 22-09-2015.

1st employee started job in May 2017, 2nd employee started in Jun 2017. 1st employee year ends May 2018 and 2nd Employee Year ends Jun 2018 (stating the obvious).

Until now they have done random hours but never less than 120 a month. I was told that 120 a month was minimum but now I have read and learned that 130 hrs is the minimum.

Now my question is that to be able to clam the points for employment do my employees need to do additional hour to cover the remaining hrs to 1560 (ie 2x1560= 3120)? And if they do cover the hours will it be considered for the extension application coming in Sep 2018?

Please let me know i`m really confused?

The immigration rules are very explicit and clear that:
1. A full time job is a minimum of 30 hrs/week
2. Anything more than 30 hrs/week is still counted as just 1 FT work and not more.

So, if I were in your place, those would be what guides me.

The guidance does state 120 hrs per month as a full time job. And as you said, there have been rejections before where HO has claimed 130 hrs are needed.

Since the guidance and immigration rules seem to conflict, in a court, the immigration rules will be held up, not the guidance.

So, obviously, while the 120 hours may work there is no guarantee and you are better off not depending on that.

By the way, I am curious as to why you are already planning on terminating the employment in 6 months ?

Thanks for the reply marcnath,

I`m not planning on terminating any employment. I want to score points on job creation and I have less than a year to do so till my extension.

Now to clarify my question
my employees have worked less than 130 hours in most of the months. Now I have only 9 months left for the extension. If I add additional employee(s) or the current employees work extra hours. Even if they do more than 130 in these months, will I be able to add these hrs to total up to the 3120 required hrs in 3 years? Keeping in mind that I applied on 11-2-2014 but the visa was given on 22-9-2015

hope I`m clear in my explanation.

[marcnath]

Thanks for the reply marcnath,

I`m not planning on terminating any employment. I want to score points on job creation and I have less than a year to do so till my extension.

Now to clarify my question
my employees have worked less than 130 hours in most of the months. Now I have only 9 months left for the extension. If I add additional employee(s) or the current employees work extra hours. Even if they do more than 130 in these months, will I be able to add these hrs to total up to the 3120 required hrs in 3 years? Keeping in mind that I applied on 11-2-2014 but the visa was given on 22-9-2015

hope I`m clear in my explanation.

Adding hours to get to more than 130 hours per month will definitely not help. HO will disregard anything more than 130 hrs.
Adding more employees will help.
But if your renewal is only in September, just keeping on these two employees until then may make it safe depending on how many months they are short of the 130.
Since you applied before April 2014, you are considered under the transitional arrangements.

[N156]

Update from an accountants point of view

If your FPS runs weekly for employees then you have to show 30 hrs per week for each totaling 1560 hrs. If your FPS runs monthly then show 120 hrs per month totaling 1440 hrs. The HO mentions hrs differently for week and month therefore follow one method and you can score points. As there is no mention of total no of hrs required in the guidance, you have to rely on weekly hrs and monthly hrs.

I think he has a point if he says this. but then again its his point of view and mine, lets see what you people want to add.

[N156]

But if your renewal is only in September, just keeping on these two employees until then may make it safe depending on how many months they are short of the 130.
Since you applied before April 2014, you are considered under the transitional arrangements.

I do have 3 employees but I wanted to rely on only the two which did more than 120 hrs. but as they have done only 2 months of 130 hrs I think I have to add the part time employee with them to makeup for the additional hrs.

I`m really confused why HO does not consider more than 130 hrs for the same employee in any other month. for example, if the same employee is doing 125 hrs in June and 137 hrs in July, why is it that this employee is not considered full time even though the added hrs would make him a full time employee?

[zimba]

@N156
DO NOT open multiple posts. Stick to this post ONLY for your questions