habib_223 wrote: ↑Wed Jul 25, 2018 7:21 pm
Dear sir, I am on Entrepreneur Visa. I am going to apply for extension on August. I have two questions about claiming points for employee.
First one is :Do I need to submit residence permit card for an European employee , He is Portuguese. He is living here in the UK for more than 5 years.He has got five p60.
I read the rules it said Any One of these following which demonstrates the employee is settled in the UK. First one is either British citizen or Europian passport.But some people are telling me I have to. But I dont have time to get that. What is the solution.
You read correctly. The passport is sufficient.
habib_223 wrote: ↑Wed Jul 25, 2018 7:21 pm
2nd question is One of my employee was sick for one and half months. He got accident. He gave me first sick note for 15 days. Again for 30 days. I didn't pay him sick pay . Is it the break of continuation ? He came back and worked again . His total hour is more than 130 hours monthly on an average. How should I present this employee to claim point?
Thanks
Habib
This is a bit of grey area.
The requirement is that you should have created a JOB that has 30 hrs/week. There is no requirement that you should have employees who work 30 hrs/week. (small but significant technical difference).
And, in my opinion, you have done that. The Job continued to exist when the employee was on sick leave.
But, on the other hand, the evidence to show that the Job has 30 hrs/week is based on FPS/payslips, so that requires the employee to be paid.
So, you have created the job but will be unable to provide the evidence of the same.
There is a
previous case here where the job creation was rejected initially but was overturned in an AR.
Even though it appears you did not pay SMP either, you can still try and use that arguments. The poster there kindly shared the lawyer's argumentation, so you could put something similar in your cover letter at the time of application.
I would think it will be accepted but as always, it is difficult to predict HO's response
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.
