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Hey . All

I am in big trouble and i need urgent help please .

Story
I have Applied ILR on Accelerated route of tier 1 Entrepreneur showing 10 employees and investment . My ILR is refused

Refusal points is that Home office have given me 55 points and I am lacking 20 points from job creation they have accepted my 7 full time jobs but rejected three jobs 8th 9th and 10th

on 8th job -My question is by combining one part time employees one full time (apprentice ) four months and other book keeper for 17 months part time , I have mention on my application i am combining together to make one full time and they both are a book keeper same job. - Home office refuse saying my employee are part time and not making full time.

9th Job- home office refuse saying my employee is part time and therefore they are not considering it I have combine two full time not part time but on rejection letter saying they refuse because they have taken one employee part time

10th Job - Home office
I have combine two full time but they refuse stating one of the employee which i was combing with other employee to make one full time is part time so they are refusing

I am confuse it sound like home office does not consider part time to combine to make full time or you think any other reason If i hire one part time for 24 months will this make one full time ?

Please help and guide me

many thanks

maucha wrote: ↑

Thu Aug 29, 2019 11:31 pm

Hey . All

I am in big trouble and i need urgent help please .

Story
I have Applied ILR on Accelerated route of tier 1 Entrepreneur showing 10 employees and investment . My ILR is refused

Refusal points is that Home office have given me 55 points and I am lacking 20 points from job creation they have accepted my 7 full time jobs but rejected three jobs 8th 9th and 10th

on 8th job -My question is by combining one part time employees one full time (apprentice ) four months and other book keeper for 17 months part time , I have mention on my application i am combining together to make one full time and they both are a book keeper same job. - Home office refuse saying my employee are part time and not making full time.

9th Job- home office refuse saying my employee is part time and therefore they are not considering it I have combine two full time not part time but on rejection letter saying they refuse because they have taken one employee part time

10th Job - Home office
I have combine two full time but they refuse stating one of the employee which i was combing with other employee to make one full time is part time so they are refusing

I am confuse it sound like home office does not consider part time to combine to make full time or you think any other reason If i hire one part time for 24 months will this make one full time ?

Please help and guide me

many thanks

The immigration rule and the guidance documents are very clear - all the refusals seem to be correct.

It is always about FT equivalent jobs, not employees. So, you can combine two (or more) part time employees to make up one FT EQUIVALENT. But one PT employee for 24 months is of course only doing ONE PT job.

I have followed the guideline - I have merge one FT employee and one part time employee in one job and on other job All are full time employees working for more than 12 months

maucha wrote: ↑

Fri Aug 30, 2019 10:15 am

I have followed the guideline - I have merge one FT employee and one part time employee in one job and on other job All are full time employees working for more than 12 months

Sorry.. I can’t read between the lines of how you believe you qualify.
Could you please clearly state the dates, position, PT or FT.

Claiming from:
Date - date:
Position:
Job#:
PT or FT:
Hours per week:

Also when did you apply?

maucha wrote: ↑

Fri Aug 30, 2019 10:15 am

I have followed the guideline - I have merge one FT employee and one part time employee in one job and on other job All are full time employees working for more than 12 months

You cannot combine two separate jobs unless each lasted for 12 months. You also cannot combine overlapping part time and full time jobs together because only 30 hours per week is counted. So the period where a part time job is overlapping with a full time job, the part time job portion will be ignored. I suggest to provide accurate dates of all the 3 jobs and the employees in those positions including start/end dates to get better advice

Claiming -three full time job by combining Ft+PT- HO accepted 7 jobs
job number1
Date 30th 09-2016 to 30-11-2016
Position: Book Keeper
Employee 1
PT or FT: FT
Hours per week:30HR per week

Employee 2
Date 30th-04-2017-to 31-08-2018
Position : Book Keeper
PT
Hours per week :16HR per week

Employee 3
date - 01-01-2019- to 1-02-2019
Position Book Keeper
FT
hours per week : 30 Hr per week

---------------------------------------------------------------------
Job 2
Position Office manager
Employee 1
Date 31-05-2017 to 30-06-2017
FT
Hours per week : 30Hr per week

Employee 2
Date 31-01-2018 to 30-09-2018
FT
Hours per week : 30 Hr per week
She did Part time
date: 30-11-2017 to 31-12-2017
PT
Hours per week : 16Hr per week

--------------------------------------------------------------------------

Job 3
position : sales agent
Employee 1
Date : 31-10-2017 to 31-12-2017 ( HO accepted his months as FT)
FT
hours per week : 30Hr per week

Employee 2
Date: 31-03-2017 to 31-05-2017
FT
Hours per week : 30Hr per week ( she was apprentice and we were paying more than min wage £4.00 per hour to her)


Employee 3
Date 28-02-2018 to 31-10-2018
FT
Hours per week : 30 hr per week
He was off sick for 6 days and we have deducted his salary
----------------------------------------------------------------------------------------------------------------------------


Also when did you apply? March 2019- refusal points from HO

Job1 book keeper "the hours worked by three employee's on job1 only total one full time month. The hours work by employee 1 have been discounted as she was not paid National minimum wages for the 3 months which she worked. At the time of employee 1 employment she was 19 year old and was paid £4.01 . The national minimum wage of individual this age at the time of this employment was £5.30 and £5.55. employee 2 only works part time which mean we have only be able to calculate full time hours worked by employee 3.

My clarification: the 19 year old girl was an apprentice and hired as per apprentice minimum wage which was £3.40 and she was in the first year of her apprenticeship.

Job 2 Office manager
For jo 2 office manger you are combining employee's 1 and employee 2 however the hours worked by these 2 employee's only total 10 full time months this is because from nov 2017 to jan 2018 employee 2 worked part time.


Job 3 sales agent.

For job 3 sale agent you are combining employee, 2 and 3 however hours worked by these employee's only total 9 full months . This is because all months worked by employee 2 are part time hours and the hours worked by employee 3 in feb 2018 and oct 2018 is also part time hours.

Please reply all senior members shed light on my matter as I have got only 13 days left i got refusal letter yesterday

Thanks

I am going to assume your appearance argument is valid but still ...

In job one for employee 2, you falsely assumed that a PT employee work period can be counted as if it was a FT employee working for half that period. That is false. A PT employee hours must be combined with other PT employee to make up 30 hours a week.

In job two you clearly did not create 12 months of full time employment. That should be obvious

In job three, you reduced the pay for employee 3 (s/he didn't work FT 30 hours per week as the result) and therefore you do not end up with 12 months.

Thanks What are my option now should I go for AR or Vary the application as I am already qualified for Entrepreneur tier extension for normal route ? Please guide me or should i go for AR and than wait and what will happen if my AR gets refused what are the options left

maucha wrote: ↑

Fri Aug 30, 2019 4:37 pm

Thanks What are my option now should I go for AR or Vary the application as I am already qualified for Entrepreneur tier extension for normal route ? Please guide me or should i go for AR and than wait and what will happen if my AR gets refused what are the options left

You cannot vary an application that has been decided. Variation is only makes sense for a pending undecided application. You can now apply for AR and if refused, you should apply for Tier 1E extension. You will remain an overstayer in the UK until your extension is again granted

Thanks but what about 39e rule ? is this not going to apply on this after section 3C and If I challenge HO on AR stating that rest of the employees were on FT as I just find out that here is some document mistake on my application should i re apply and mention I have done mistake on employees by writing PT when they have completed full time?

I don't want to be over stayer , if i get over stayer will this effect on my ILR when I will apply after two years ?

You currently are protected by Section 3C. If you apply for AR your section 3C continues until the AR is concluded.
If you choose to apply for a new application at any point, the Section 3C protection ends and you become an overstayer. The reason you can apply for a new application is in fact permitted under paragraph 39E. Additionally if your new application is then approved, your period of overstaying will be ignored for ILR

do you think I should apply for AR or can i apply for fresh application without my passport and do i have to send them all documents as HO already have all documents 7 employees accepted by them and i just need two full time employee

I am confuse

Should i file fresh application now and leave AR? is this possible

or should i file AR and if they refuse than i can apply for fresh application and does 39e will cover me ?

what should i do please ?

I have applied tier 1 entrepreneur with team and my partner got extension and I have applied for accelerated ILR route .

Please help

It is up to you. I cannot tell you what to do. You can choose to apply for AR or apply for a fresh application.

Job 1 and job 2 don’t qualify as per requirement. Your clarification won’t suffice.
Job 3 seems ok..
You are short two jobs..
Are any of the jobs still continuing?

I doubt the AR will be successful as per the above.

Yes four employees FT job is continue and on payroll

maucha wrote: ↑

Fri Aug 30, 2019 10:11 pm

Yes four employees FT job is continue and on payroll

Bookkeeper is short 39 weeks
Office manager is short 12 weeks.
Do you think the jobs/employees can make these weeks up?

Did you figure why Job 3 doesn’t qualify.. were you not paying enough?

Job 3 the employees was ft Home office is wrong

We have payed the employee more than thousand pounds and on payslips none has hours written PT or Full time it is only on contract of employee and i did mistake written PT on my application . and four Full time employees are still doing work .

maucha wrote: ↑

Fri Aug 30, 2019 11:15 pm

Job 3 the employees was ft Home office is wrong

We have payed the employee more than thousand pounds and on payslips none has hours written PT or Full time it is only on contract of employee and i did mistake written PT on my application . and four Full time employees are still doing work .

Divide the salary paid with minimum wage during the course of the year= hours per month
The working hours should be atleast 130/month..

1000/min wage=hrs

HI All

Sorry for the confusion I have made mistake here on my employee dates of starting and ending and i am correcting here my apologies here . Please find the correct dates Please please I request all senior members Zimba - Guru- Mcarnith and all to give your views on this


Thanks . i have calculated the hours and Job 1 employees hours are more than 140 a month therefore it is full time - we can back that

Claiming -one full time job by combining Ft+PT
job number1
Date 5th 09-2016 to 30-11-2016
Position: Book Keeper
Employee 1
PT or FT: FT
Hours per month: 160 per month

Employee 2
Date 30th-04-2017-to 31-08-2018
Position : Book Keeper
PT
Hours per month :147 HR per month

Employee 3
date - 01-01-2019- to 1-02-2019
Position Book Keeper
FT
hours per week : 30 Hr per week

---------------------------------------------------------------------
Job 2
Position Office manager
Employee 1
Date 30-05-2017 to 25-06-2017
FT
Hours per month : 120 above per month

Employee 2
Date 31-01-2018 to 30-09-2018
FT
Hours per month : 140 above Hr per month
She did Part time
date: 30-11-2017 to 31-12-2017
She was employee worked 2 full weeks for each month . So for these two month she only worked 4 weeks full time.

--------------------------------------------------------------------------

Job 3
position : sales agent
Employee 1
Date : 11-10-2017 to 22-12-2017
FT
hours per week : 138 Hr per month

Employee 2
Date: 20-03-2017 to 26-05-2017
FT


JOB 1 -Employee 1 -Hours per week : more than 30Hr per week ( she was apprentice and we were paying more than min wage £4.00 per hour to her and apprentice rule that first year you pay apprentice wage and form second year you pay her min wage of the year

JOb 3 - Employee 3
Date 19-02-2018 to 12-10-2018
FT
Hours per month : 120 above hr per month

Job 3: two employees joined on second week of the month and that is why HO have taken this as less hours and put it that they were on part time However, they were both working full time but their joining dates were not from 1st of the month .If we calculate weeks than We can back them by explaining to Home office

JOb 2-
Employee 2- Her contract was that she worked two full week as full time hours and than two weeks part time
My question : Can i total the hours of her two full time weeks hours for one month and than on second month two full time week hours to make it one full time hours? leaving her part time week hours? I am just stuck on this one month short from my employee 2 from job 2 .

Please all seniour memebrs zimba , Mcarinth, Guru and all reply me

Many thanks in advance

A FT job is full time is 30+ hours a week, hours worked more are ignored. So max 130 hours per month can be claimed for a full time employee. Remember that all calculations must be done on a weekly basis so it can be determined if a job was indeed full time or part time. You still believe you can count a single PT job as full time which you cannot.

all worked 30 hours a week I have just one issue here with one job

JOb 2-
Employee 2- Employee has done 11 months full time each week 30 hours per week , she has done two full time on 12th month, I Have this problem left

Employee 2
Date 30th-04-2017-to 31-08-2018
Position : Book Keeper
PT
Hours per month :147 HR per mont

How about Employee 2 Job 1 ??

She has worked 17 months full time with 36 hours a week

on 8th job -My question is by combining one part time employees one full time (apprentice ) four months and other book keeper for 17 months part time , I have mention on my application i am combining together to make one full time and they both are a book keeper same job. - Home office refuse saying my employee are part time and not making full time.

You claimed before that she worked part time. What was her hourly rate and monthly pay ?