If I get 20 or more part employees

[Qayyum]

Hi,

I have around 38 British part time employees who work 14-16 hours per week. Can I apply for ILR after completion of 3-years of my Entrepreneur visa. My extension due in 1 year and most of them are working for more than one year in my organisation. In guideline it is stated that we have to create 2 or 10 (3-years and then ILR) full time employees but what about if we have 4 or 20 part time employees, will it be the same as per my knowledge full time is 33 hours per week and if I have to employees who are working 33-34 hours per week, will it consider 1 full time employment.

Thanks in advance for assistance.

[zimba]

No. 12 full time jobs for 12 people for at least a year ONLY. You cannot combine multiple jobs under accelerated ILR

[Qayyum]

According to page 59 of guidance
established a new UK business or businesses that has or have created the equivalent of 2 (or 10 if applying for accelerated settlement) new full-time jobs for persons settled in the UK, or
taken over or invested in an existing UK business or businesses; and your services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of 2 (or 10 if applying for accelerated settlement) new full-time jobs. The jobs must have existed for at least 12 months during your most recent grant of leave unless you entered the route before 6 April 2014. More details on the requirements for employing settled workers can be found in the previous section on extension applications.

What is the meaning of equivalent here?? Created equivalent of 2 jobs.. Even if two of UK's famous law firms advised me that equivalent means 2 full time or 4 part time jobs... I am not sure wether they are right or zimba88 is

[zimba]

How about start reading from item 170 onwards in the guide ???? You will see things like:

If you are applying under accelerated settlement on the basis of 10 jobs , the creation of 10 individual jobs for 10 settled workers for 12 months is the minimum benchmark for meeting this threshold.

[Qayyum]

Many thanks Zimba88. It is very clear now. One of my friend also applied for Entrepreneur visa in November 2013 and he got refusal but with appeal he was suscceful and received his visa in July 2014. He has 27 part time employees but most of them are working with him for more than 18 months. Will the same rule apply for him if he applies ILR in July 2017 or it won't apply as his application was in November 2013 but visa he got with sussceful appeal in July 2014. He is quite sure that he can get ILR and hence it was the reason I was thinking same for me but I applied after the April-2014. Many thanks for your advice.

[zimba]

Nothing to do with when you applied.
If you read the guide, transitional arrangements do NOT apply to accelerated settlement. Please READ the guide properly !!

[Qayyum]

Nothing to do with when you applied.
If you read the guide, transitional arrangements do NOT apply to accelerated settlement. Please READ the guide properly !!

Hi,

I had too many meetings with different Barristers in London. what was the reply from them.
If you applied before April 2014 and you have 20 or more Part Time employees who are working for 12 months in the same role, each month 130 hours if we make pairs, you can apply for ILR on the basis of accelerated route. I showed all of them the guideline and para 170, 171 etc. they said here it is written that you can not join the time frame (7 months+ 5 months) etc but you can join part time employees if they work for 12 months each and you applied for this application Pre- April-2014. The new rule apply to all the people who applied for Tier-1 after April-2014.

Barristers I have mentioned are:

Names of solicitor removed by moderator

What do you say now after I am getting advice from Lawyers & Barristers

[CR001]

Kindly do not post names of solicitors on the forum. This is not permitted.

[seasky]

Nothing to do with when you applied.
If you read the guide, transitional arrangements do NOT apply to accelerated settlement. Please READ the guide properly !!

Hi,

I had too many meetings with different Barristers in London. what was the reply from them.
If you applied before April 2014 and you have 20 or more Part Time employees who are working for 12 months in the same role, each month 130 hours if we make pairs, you can apply for ILR on the basis of accelerated route. I showed all of them the guideline and para 170, 171 etc. they said here it is written that you can not join the time frame (7 months+ 5 months) etc but you can join part time employees if they work for 12 months each and you applied for this application Pre- April-2014. The new rule apply to all the people who applied for Tier-1 after April-2014.

Barristers I have mentioned are:

xxx
xxx
xxx
and few more.

What do you say now after I am getting advice from Lawyers & Barristers

You are very unclear in explaining yourself. And what you say from barristers (moderators will soon XXXX XXXX ) can't read the guidance. There is no difference between transitional and non-transitional for accelerated.

You can probably take two part timers who did a single job for a year as one.

You may apply and good luck. If not wait 2 more years like the rest of us....

[Qayyum]

I have given example here which I have received from a barrister. I am not saying that I am beyond the law or guideline doesn't apply to me and I can jump into a route which I am not entitled for but I want to discuss if someone already has same situation like me as it is a discussion board.

"
The accelerated settlement issue refers to jobs that have existed for less than 6 months. This basically refers to a situation where someone employs 20 full time staff or even 40 part time staff for a period of 6 months.

This does not qualify for ILR, not because its full/part time, but because the job only existed for 6 months.

Accordingly if you have 2 staff working part time for 12 months, that have been occupying the same job, as an example 2 receptionist that work 3 days per week each. These two staff can be combined to make 1 full time job.

So as you can see, as long as we can pair up all the necessary part time staff together then there is no reason why you cannot use them for the ILR".

Regards

[seasky]

I have given example here which I have received from a barrister. I am not saying that I am beyond the law or guideline doesn't apply to me and I can jump into a route which I am not entitled for but I want to discuss if someone already has same situation like me as it is a discussion board.

"
The accelerated settlement issue refers to jobs that have existed for less than 6 months. This basically refers to a situation where someone employs 20 full time staff or even 40 part time staff for a period of 6 months.

This does not qualify for ILR, not because its full/part time, but because the job only existed for 6 months.

Accordingly if you have 2 staff working part time for 12 months, that have been occupying the same job, as an example 2 receptionist that work 3 days per week each. These two staff can be combined to make 1 full time job.

So as you can see, as long as we can pair up all the necessary part time staff together then there is no reason why you cannot use them for the ILR".

Regards

I think you have a chance and good luck. the barrister that told you "If you applied before April 2014 and you have...." is wrong as this does not matter before or after 4/14

[Qayyum]

Dear seasky & Zimba88,

Thanks for your response and professional advice. Law firms have different opinions as they say apply for ILR but I think it doesn't make any sense as nobody give guarantee if I can get ILR on the basis of adding 20 or more part time employees for 12 continuous months in the same job as in the guideline it is not stated. I decided to go for Extension only. I saw many consultants but most of them are unclear about what they are saying other than 1 who said to me not to apply for ILR as one of his client got refusal on the basis of 16 part time employees (equivalent of 8 full time) and 2 full time employees working in a subway.

Thanks again for your professional advice. God Bless You

[Qayyum]

Hi All,

Previously I asked about to add part time employees to apply for ILR under accelerated route and I was advised that it is not possible. I appreciate the advise I have received from senior members but I decided to apply for ILR under accelerated route as I did lot of research on it. Finally with the grace of almighty God, I have received my ILR with part time employment under accelerated route. Below is the timeline:

Applied for Visa on 5 July 2017
Biometric done 19 July 2017
Online Status update 23 August 2017: Decided
Letter received for successful application of ILR: 29-08-2017

All process went very smooth!

[marcnath]

Congratulations !!

And it was a good thing you went ahead and applied.

I had not seen the previous discussions back in Feb but reading through it now there appears to have been some misunderstanding.

Transitional arrangements do not apply to accelerated ILR - so Zimba is right.

However, combining part-time to make full time has nothing to do with transitional arrangements.That is allowed in post-2014 also.

So, as long as all part-time jobs had lasted for 12 months each, you would qualify for ILR under the accelerated route.

And since you had that, it was clear then that you were eligible for ILR.