Accelerated Settlement & Creating 10 Jobs

[yunas]

Hi Everyone,

I opened job positions in my company and hired 10 employees on 1st September 2016, after 4 months two employees resigned and I replaced their positions with new employees.

Now the question is am I eligble to apply under accelerated settlement on the basis of creating 10 jobs?

Job roles are same but employees changed, however now I have total 13 employees, I know that doesn't make any difference but I am confuse as mentioned in policy guidance that each job must remain 12 months each.

Please! I request guru's and experts on this forum to explain this issue.

Regards.

[yunas]

As mentioned in guidance as given below quote, does this rule applies on Accelerated route ?

I should mention post subject to replacing workers in first step rather creating 10 jobs.

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. However, if there is a gap between one worker leaving a post and another worker starting employment, the period when the post is not filled will not be counted - only periods during which a worker is employed in a post will be considered. If you are combining workers within the same job, you must make it clear in your application which employees are being used.

then it says:

223. If you are applying for accelerated settlement on the basis that you have created 10 full-
time jobs, the evidence required is the same as for the creation of 2 new full-time jobs.

Few days left and policy is confusing, please help!

Regards.

[sassybee]

Hi Yunas,

Just make sure the jobs you created have had people employed for 12 months. Note that any gap does not count.

For example you, have an employee from Jan 2016 to June 2016 and that employee resigns and you are not able to replace the employee for 2 months i.e July and August. You then replaced the employee in September.
In order for that full time job to qualify for your application, the new employee will have to fill the position for another 6 months i.e they will have to work till the end of February 2017.

Hope this helps

[marcnath]

Not sure where the confusion is.

Was there any time gap between the initial employees leaving your company and the replacement employees starting work ?

If there was no gap at all, then you will meet the requirement as of 31st August, when you would have had 10 jobs from 1 Sep to 31 Aug.

If there was a gap, you will meet the requirement 31 Aug plus the number of the largest gap days.

[yunas]

Not sure where the confusion is.

Was there any time gap between the initial employees leaving your company and the replacement employees starting work ?

If there was no gap at all, then you will meet the requirement as of 31st August, when you would have had 10 jobs from 1 Sep to 31 Aug.

If there was a gap, you will meet the requirement 31 Aug plus the number of the largest gap days.

Thanks for your reply, no there is no gap in employees hiring.

Only confusion is : In January 2017 our two employees resigned on the same day I hired new employees.

What local solicitor told me that each employee needs to be with the company on same job for 12 months, like we can't replace hire/fire employees.

Which doesn't make sense to be honest but when it comes to visa and its fee everyone get afraid so do I.

Regards,

[marcnath]

What local solicitor told me that each employee needs to be with the company on same job for 12 months, like we can't replace hire/fire employees.

Which doesn't make sense to be honest but when it comes to visa and its fee everyone get afraid so do I.

Regards,

You are right - it doesn't make sense.
Hope you are not using that solicitor for your application