Job Creation ( pre april 2014 applicant )

[Nick2010]

Hi I am a silent member of this forum and this forum has helped me a lot so thank you everyone.

I am a pre April 2014 applicant and I am almost ready for my IlR BUT I have certain confusion and not sure regarding my job creation so please any senior members can help it would be greatly appreciated .

My time line is as follows :

Inital Visa - May 2013-May 2016.

Extension Approved -30th Jan 2017

1)Employe -1 1st Feb 2017 to 31st March 2018 = 14 Months (Part Time)
Contract For 20 Hours Per Week = 86.66 Hours Per Month Total Hours =1213

2) Employe - 2 1st May 2017 to 30th Nov 2017 = 7 Months (Full Time)
Contract For 30 Hours Per Week = 130 Hours Per Month Total Hours = 910

3) Employe - 3 1st Feb 2018 to 31st May 2018 = 4 Months (Full Time )
Contract For 30 Hours Per Week = 130 Hours Per Month Total Hours = 510

4) Employe - 4 1st Feb 2018 to 31st May 2018 = 4 Months (Full Time )
Contract For 30 Hours Per Week = 130 Hours Per Month Total Hours = 510

Working Hours Calculation Total From : 1st Feb 2017 to 31st May 2018

Job Creation
Employee name / Hours Claim for Job Creation

Employe # 1 (Part Time) 1213

Employe # 2 (Full Time) 910

Employe # 3 (Full Time) 510

Employe # 4 (Full Time) 510


Claim Total Working Hours for Job Creation 3143

As per my Knowledge my working hours ( 3120 ) are completed by 31st May 2018 . But I am little confused for my part time employee, as in the policy guidance it has been mentioned about 2 part time jobs to be counted as 1 ( for post April 2014 applicants ) but nothing has been written regarding one part time employee for Pre April 2014 .I had been looking very carefully but could not find anything in this regards in policy guidance . Please if anyone can give their opinions it will be very helpful

[marcnath]

The rules regarding combining part-time jobs did not change in 2014, so there is no difference pre or post 2014.

In fact even the 2012 guidance says:
The working hours of two part-time workers can be combined to add up to 30 hours a • week or more and form the equivalent of one full-time post.

However, it does appear that HO has been allowing one part-time employee to be taken into account in the cases so far reported in this forum. Those have so far been pre-April 2014 cases, so not sure how HO will handle it going forward.

But, even under those conditions, you do not meet the requirement currently.

Your mistake is again to try counting total hours. Total hours are not specified anywhere in the immigration rules or guidance.

The only criteria for FT job is 30 hrs/week and it is clearly spelt out that anything more than 30 hrs/week do not contribute to the job.

As such, you have 15 months of FT job.

14 months of PT may be allowed as 7 months FT equivalent maximum. You will definitely not get more than 7 months.

I repeat, this is not specified in the immigration rules and HO has the right to reject it totally.

That gives, in the best case, 22 months of FT equivalent, so you are short by 2 months.

Good news is that you have until Jan 2019, so, your safest approach is to higher a part-time employee of at least 10 hrs/week for 7 months.

[Nick2010]

Hi Macranth ,

Thank you very much for your kind advice and information ,

But as you said ,( please correct me if I am wrong )that my safest approach would be, hiring one part time employee for 10 hrs per week for 7 months , but as i understand that each part time employee needs to be at least for 12 months , as written in new policy guidance and I do not have 12 months left now for jan 2019 submission .

"(b) “The equivalent of” a full time job means two or more part time jobs which add up to 30
hours a week will count as one full time job, if both jobs exist for at least 12 months.
However, one full time job of more than 30 hours work a week will not count as more than
one full time job"

Also if there is anyone in the forum who has succeeded with one part time employee hours can please share their experience it will be very grateful with their calculation of part time employee hours . Just for the information I am pre april 2014 applicant .

[marcnath]

First, I made a mistake earlier.

You have 15 months of FT job, so you need another 9 months. So, to meet the rules strictly, you need 9 months of PT at 10 hrs/week, not 7 as I wrote earlier. And you don't have 9 months to renewal.

So, you need at least 1 more month of FT job.

Obviously, if your two FT employees are continuing, then in another 5 months, you will meet the requirement with just the FT employees. So you can apply in Oct.

Pre-2014, there is no need for the PT employees to be for 12 months either due to the transitional arrangement.

[Nick2010]

Hi Marcnath ,

Thank you for your valuable time and guidance ,

It has been certainly very helpful to understand everything in a proper way .

Regards
Nick .

PLEASE if there is anyone who have had experience with part time employee and the hours can put in their valuable advice it will be very helpful .

THANK YOU .

[Nick2010]

Job Creation for ILR Pre April 2014 case
Can I show Combination of employment (Full time = 130 Plus Hours )
Employe # 1 - 7 Months (Full time )
Employe # 2 - 7 Months (Full time)
Employe # 3 - 6 Months (Full time )
Employe # 4 – 4 Months (Full Time )
To be consider for the points

OR

Tier 1 (Entrepreneur) Policy Guidance – version 0 7 /2018 – Page 30
“Pre 6 April 2014 transitional arrangement- job creation If you successfully applied to enter and have continually remained in the route since before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation for):
• 1 worker for 24 months
• 1 worker for 6 months and one for 18 months
• 4 workers for 6 months each”

My query is does it has to be the above combination only as per guidance ? ( thats what my solicitior adviced me ) as per her its no where written.
That this are only examples and you cannot use any other combination apart from these .
Please if any one can advice me on this it will be very much appreciated .

Thanking you .

[CR001]

Topics Merged.

announcements/multiple-posts-will-be-lo ... t5722.html

[marcnath]

Job Creation for ILR Pre April 2014 case
Can I show Combination of employment (Full time = 130 Plus Hours )
Employe # 1 - 7 Months (Full time )
Employe # 2 - 7 Months (Full time)
Employe # 3 - 6 Months (Full time )
Employe # 4 – 4 Months (Full Time )
To be consider for the points

OR

Tier 1 (Entrepreneur) Policy Guidance – version 0 7 /2018 – Page 30
“Pre 6 April 2014 transitional arrangement- job creation If you successfully applied to enter and have continually remained in the route since before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation for):
• 1 worker for 24 months
• 1 worker for 6 months and one for 18 months
• 4 workers for 6 months each”

My query is does it has to be the above combination only as per guidance ? ( thats what my solicitior adviced me ) as per her its no where written.
That this are only examples and you cannot use any other combination apart from these .
Please if any one can advice me on this it will be very much appreciated .

Thanking you .

You are right that it is confusing. The guidance does not say that those are examples. However, HO has been approving all kinds of combinations for pre-April 2014 provided the overall criteria of 24 FT equivalent jobs exist.

So, in your case, that should be ok.

Though this looks quire different from the initial scenario you had set out in Jan

[Nick2010]

Hi Marcnath ,

Thank you for your swift reply as always .

Yes you are right , the change in the scenario is because, as I had a doubt about 1 part time employee, so finally I have decided not to count him ( to be on safe side ) instead i have hired new employees ( as my buisneess is also doing good ) .

I was also very much confident that any combination of Employment would be ok ( as far as it meets 24 months before my solicitors advice ) . Is there any link or reference anywhere in the case worker guidance or anywhere else where it says any combination of Employment/ hours is allowed please ? so we can refer it and explain in the covering letter to be on safe side as its regarding IlR . Also due to some project I have to go back home ,once i get my ILR. So I want to put it as soon as I can .


PLEASE any valuable advice or opinion will be very helpful as i am in dilemma as far as this is concerned .

Thank you once again Marcnath

[marcnath]

Hi Marcnath ,

Thank you for your swift reply as always .

Yes you are right , the change in the scenario is because, as I had a doubt about 1 part time employee, so finally I have decided not to count him ( to be on safe side ) instead i have hired new employees ( as my buisneess is also doing good ) .

I was also very much confident that any combination of Employment would be ok ( as far as it meets 24 months before my solicitors advice ) . Is there any link or reference anywhere in the case worker guidance or anywhere else where it says any combination of Employment/ hours is allowed please ? so we can refer it and explain in the covering letter to be on safe side as its regarding IlR . Also due to some project I have to go back home ,once i get my ILR. So I want to put it as soon as I can .


PLEASE any valuable advice or opinion will be very helpful as i am in dilemma as far as this is concerned .

Thank you once again Marcnath

Both the application and case worker guidance refer to these combinations. But we know that cases have been approved with other combinations.

And that is probably because the immigration rules itself does not put any such conditions.

The immigration rules only states the requirement for the two jobs of 12 months each does not apply to pre-April 2014 applicants.

49 (e) Different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month job. The only exception is where the applicant successfully applied as a Tier 1 (Entrepreneur) Migrant before 6 April 2014, has had continuous leave as a Tier 1 (Entrepreneur) Migrant since then, and the date of application for entry clearance, leave to remain or indefinite leave to remain is before 6 April 2019.

[Nick2010]

Hi everyone , I think I am ready to summit my case now . Please I need some advice regarding filling the job creation table in the form for Pre april 2014 applicant.
Job Creation for ILR Pre April 2014 case:
Combination of employment (Full time = 130 Plus Hours )

Employe # 1 (Office Adminstrator)- 7 Months -(May 2017 - Nov 2017)

Employe # 2 (Office Manager) 7 Months -(February 2018 - August 2018) (Still Continue)

Employe # 3 (Office Administrator ) 6 Months - (February 2018- July 2018 )

Employe # 4 (Sales Assistance/Office Administrator ) 4 Months (May 2018 - August 2018) (Still Continue)

My question is regarding filling the job creation section in the form please .( Table B7)
Table B7.
‘Please photocopy if you have multiple jobs. An example of a completed table can be found in Annex F of the Tier 1 (Entrepreneur) Policy Guidance. Please provide the details of all employees who filled these jobs for the required 12 month period. The jobs must exist for at least 12 months. Within the same job, another worker can replace a worker who is employed for part of a year and then leaves the job, so that the employment as a whole adds up to 12 months. The hours of workers in 2 part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the 2 part-time jobs exist for 12 months. Should you wish to combine jobs you must clearly indicate on the tables below. If you do not, they will assessed as a single part time job. We consider full-time to be 30 hours per week’.
Job number:
Job title:
Date post created:
If this job is being combined with another job to make equivalent of 1 full time job, indicate which job:

Employee name / Start date with your business (if this differs from start date in job)
End date / Hourly rate paid / Full time / Part time
SET(O) Version 07/2018 Page 35

Q1) As it can be analysed from the above scenario that none of my employees have worked for 12 consecutive months and they are overlapping each other with different job titles , will that be OK ?

Q2) Shall i fill it individual for each employee each section?like employee 1 – 7 months ,employee 2- 7 months , employee3 – 6 months and employee 4 – 4 months .and they will take into account total 104 weeks of total employment (24 months ) from that ? as I am pre april 2014 applicant .
OR
Q3) Just leave the table blank and refer to the covering letter expalining in it ( with making a job table over there ) that i need 104 weeks ( 24 months ) of employement as I am pre april 2014 applicant.
Please anyone can suggest what is the right approach ?

[marcnath]

Q1) Note the tables refer to jobs, not employees. It looks to me that you have three jobs - Office adminstrator (empl 1 and 3), Office manager (empl 2) and sales asst (empl 4).
Q2) Given you are pre-April 2014, you can either do it as 4 jobs or as 3 jobs as above
Q3) No, you need to do the job table

[Nick2010]

Hi Macrnath ,
Thank you .

Q) So as per your reply I can understand that overlapping , job titles and non continuation of 12 months will not make any difference in my case ?

Also i have one more query please .

Table B7.
‘Please photocopy if you have multiple jobs. An example of a completed table can be found in Annex F of the Tier 1 (Entrepreneur) Policy Guidance. Please provide the details of all employees who filled these jobs for the required 12 month period. The jobs must exist for at least 12 months. Within the same job, another worker can replace a worker who is employed for part of a year and then leaves the job, so that the employment as a whole adds up to 12 months. The hours of workers in 2 part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the 2 part-time jobs exist for 12 months. Should you wish to combine jobs you must clearly indicate on the tables below. If you do not, they will assessed as a single part time job. We consider full-time to be 30 hours per week’.


As mentioned earlier that I have one part time worker ,
Employee -1 1st Feb 2017 to 31st March 2018 = 14 Months (Part Time)
Contract For 20 Hours Per Week = 86.66 Hours Per Month Total Hours =1213

Which I thought , I wont include him to be on the safer side .

But as you can see from the above paragraph it says " Should you wish to combine jobs you must clearly indicate on the tables below . IF you do not , they will be ASSESSED as a single part time job ." What does this mean ? does it mean that they will consider 1 part time worker as well ? In my case its 14 months part time so 7 MONTHS full time .

[marcnath]

Up to you whether you add it or not.

What they mean by that statement is that even if you enter more than 1 part-time jobs but don't clearly indicate which ones are combined, they will not figure out the combination for you are treat them just as single part time jobs. i.e. the requirement will not be met.