ILR urgent Help

[Garygsingh]

Hello moderators, I would be really pleased if you can advice me.
I got my entrepreneur visa extension on the 10 August 2016. After that I had 2 part time employees till March 2017. One of the part time employee changed to be a full time then. The other part timer had been doing 20 hours since August 2016 and left work in February 2018.
The full timer stayed and is still presently working till date.
My visa expires on 9th August 2018.

1.I am still not sure whether I have completed the criteria of having 1 employee for 24 months.

2.As I am going to make the application on the 1st August for my ILR do I complete 24 months of emplyment ( is August 2016 going to be considered or not as I got my visa on the 9th August)
3. I applied for my extension in June 2016.

Guys I will be really please, if you can help me.

Thank you

[marcnath]

Hello moderators, I would be really pleased if you can advice me.
I got my entrepreneur visa extension on the 10 August 2016. After that I had 2 part time employees till March 2017. One of the part time employee changed to be a full time then. The other part timer had been doing 20 hours since August 2016 and left work in February 2018.
The full timer stayed and is still presently working till date.
My visa expires on 9th August 2018.

1.I am still not sure whether I have completed the criteria of having 1 employee for 24 months.

2.As I am going to make the application on the 1st August for my ILR do I complete 24 months of emplyment ( is August 2016 going to be considered or not as I got my visa on the 9th August)
3. I applied for my extension in June 2016.

Guys I will be really please, if you can help me.


Thank you

Only jobs from the 9th of August will be valid for your ILR application. So, it would be easier to look for 104 weeks of job creation rather than 24 months.

It is not employees but jobs that matter.

So I am going to assume Employee 1 was doing Job 1, Employee 2 was doing Job 2 until March and Job 3 from March onwards. (if asked, you may need to justify why those are two different jobs).

In the above scenario, you can combine Job 1 and Job 2 to give approx. 30 weeks of FT equivalent. Job 3 gives you approx. 74 weeks of FT work, which gets you the required 104 weeks. (You will need to check actual dates to confirm the number of weeks is correct). You can potentially count all of August 2018 by submitting your FPS before your apply and including that and the August Payslip to be safer.

Alternatively, if both of them were doing the same job (both sales people, for example) you can claim 1 job for 24 months, with that job filled by two employees for the 1st seven months. This would be a better approach.

[Garygsingh]

Hi Marcnath,

Thank you for replying. I am in desperate tension.
Thank you

They both are doing sales job in my company.

Can I show as per following:

1. Job 1 full time for 16 months from April 2017-till July payslip.

2. Job 2 part time employee from September 2016- till feb 2018. 18months eqivalet to 9 months of full time work.
So we have 9+16= 25 months of job creation for 1 employee. Does that satisfies the criteria?

I'll look forward to your reply sir.

Thank you

[Garygsingh]

Sir,

If I show 1 full time for 1st 7 months
And
Then
1 full time employee for 16 months working 35 hours a week
And
Simultaneously along with him I show a part time employee work 20 hours for 11 months (April-February 2018)

Does is satisfy the criteria?
How?
Please help.
Thank you

[Garygsingh]

If anyone can please help. Thank you

[marcnath]

Can I show as per following:

1. Job 1 full time for 16 months from April 2017-till July payslip.

2. Job 2 part time employee from September 2016- till feb 2018. 18months eqivalet to 9 months of full time work.
So we have 9+16= 25 months of job creation for 1 employee. Does that satisfies the criteria?

I am confused - in your first post, you mentioned your employee 1 was working only until March 2017

Which is correct ?

If I show 1 full time for 1st 7 months
And
Then
1 full time employee for 16 months working 35 hours a week
And
Simultaneously along with him I show a part time employee work 20 hours for 11 months (April-February 2018)

Again, this is another different combination.

How is that possible with the 1st scenario you posted ?

[Garygsingh]

Hi Marcnath,

I had 2 employees who were working full time till August 2016. And I got my extension on the 9th August.
The same 2 employees became part time from September2016 till March 2017.
One of them then decided to become full time and is present till date as full time employee and had been performing well.
The other part time employee decide to leave on the 28th February 2018.

My solicitor said that
1. 1st 7 months creates 1 job for seven months
2. Full time employees 16 months will be counted.
During those 16 months the part time employee was working 11 months for 20 hours per week.
They said that this extra hours will not be counted.
So, I have 7 months of employment and 16 months of employment I.e. 23 months of 1 full time equivalent, so that means I don't get those job creation points.

Please help. Thx

[marcnath]

Hi Marcnath,

I had 2 employees who were working full time till August 2016. And I got my extension on the 9th August.
The same 2 employees became part time from September2016 till March 2017.
One of them then decided to become full time and is present till date as full time employee and had been performing well.
The other part time employee decide to leave on the 28th February 2018.

My solicitor said that
1. 1st 7 months creates 1 job for seven months
2. Full time employees 16 months will be counted.
During those 16 months the part time employee was working 11 months for 20 hours per week.
They said that this extra hours will not be counted.
So, I have 7 months of employment and 16 months of employment I.e. 23 months of 1 full time equivalent, so that means I don't get those job creation points.

Please help. Thx

As I said, it is possibly best to look at weeks.

Were they not working in August ? You have at least three weeks in August that you can use.

I don't see you having a problem to meet the requirement. It is only how you write the Job tables.

You can just have one Job and include both employees there. That will satisfy the requirement under 1 Job created for 24 months. Until Feb 2018 you filled that job with two employees and after that with one employee. You would add a separate table, showing week by week the total hours worked by both employees that would show 104 weeks with > 30 hrs/week every week.

Alternatively, you can do three jobs as I mentioned in my first post.

I personally think the 1st option (single job) is better, but I think either way you will get you job creation points

[Garygsingh]

Hi Marcnath,

Thank you for your reply. It's of imense help.

In total these both employees have worked for

4200 hours.

Can I divide them by 30 hours per week. Which is
143 weeks in total. Well above 104.

Is that right a calculation for claiming points?

Thank you

[Garygsingh]

Hi Marcnath,

If you can please help.

Thank you

[marcnath]

Hi Marcnath,

Thank you for your reply. It's of imense help.

In total these both employees have worked for

4200 hours.

Can I divide them by 30 hours per week. Which is
143 weeks in total. Well above 104.

Is that right a calculation for claiming points?

Thank you

No, you CANNOT look at total hours.

You need to have more than 30 hrs in each of the 104 weeks to qualify

[Garygsingh]

Hi Marcnath,

Sir thank you for your help.

I have another question, if I have another full time employee for one more month. Can I count his 4 weeks to make up to add up to 104 weeks of job creation along with the existing employee.

Please advice.

Thank you

[marcnath]

Hi Marcnath,

Sir thank you for your help.

I have another question, if I have another full time employee for one more month. Can I count his 4 weeks to make up to add up to 104 weeks of job creation along with the existing employee.

Please advice.

Thank you

Yes