Tier 1 Ent to ILR - Set O help

[Ameten]

Agreed. Thanks for your reply

Also, I know their is no income threshold for tier 1 ent as My team member even got extension with a loss but is there any minimum income which I should still show at time or ILR so as to not to fall under general grounds for refusal? I am thinking to show around £28k for myself
Will that be okay?

No, there is no minimum salary. However, at ILR, you need to show you will not be dependant on benefits. 28K should do well enough depending on your expenses.

I am just hearing this for the first time, Please can someone clarify if this money is to be shown in a personal bank account or Company bank account. And what the acceptable minimum amount for should be? And if there is any condition attached to the money. thanks

[10020132]

You can only have a maximum of 30 hrs/week, so you need a total of 208 weeks of part time job. And you have only 150 weeks.

I think that you are not distinguishing the part time work as even if someone who works 29 hours a week, HO classifies it as part time. But for such a person you dont have to combine 104 to make it equal to 52 full weeks rather you will need around 60 weeks. This is what I am thinking of and this is how I am combining it. Correct me if i am wrong

[10020132]

I think that you are not distinguishing the part time work as even if someone who works 29 hours a week, HO classifies it as part time. But for such a person you dont have to combine 104 to make it equal to 52 full weeks rather you will need around 60 weeks. This is what I am thinking of and this is how I am combining it. Correct me if i am wrong

[10020132]

Hi
I am sorry to confuse some of my fellows who had always been very helpful but when I posted in my old topic regarding help in Job Creation it just freaked me out and then I did my calculations again to find out that my older calculations were wrong

That's why, I am posting in new topic with new and more clear calculations

__________________________________________________________________________________________
I am on Tier1 Entrepreneur Visa on Pre-April 2014 route and hence transitional arrangements apply to me. I need a bit of help regarding the job creation requirement as I am filling my table from Set O since I am applying next week

I have three employees after extension who worked in a mix of part time / full time but none of them worked for more than 30 hours a week

Employee A worked for 26 weeks @ 30 hours per week

Employee B worked for 19 weeks @ 20 hours per week
22 weeks @ 30 hours per week
2 weeks @ 2 hours per week

Employee C worked for 24 week @ 30 hours per week
27 weeks @ 25 hours per week

So, can you please guide me now as to how should I fill up the table to claim points for Job Creation?

It would be great if anyone can help. I am more than willing to share the start dates and end dates if that is a must to help because I need help desperately as I don't want to end up with not getting points for Job Creation

Thanks in advance. And sorry for the long post

[marcnath]

I think that you are not distinguishing the part time work as even if someone who works 29 hours a week, HO classifies it as part time. But for such a person you dont have to combine 104 to make it equal to 52 full weeks rather you will need around 60 weeks. This is what I am thinking of and this is how I am combining it. Correct me if i am wrong

That is not correct, as per immigration rules. A full time job is considered 30 hrs/week and it is clear that anything more than 30 hrs/week is still considered as 1 FT work.
So, if you have two PT employees of 29 hrs/week each, combine they only provide 1 FT job, not 1.9 FT job.
There is a reason they ask you to specify in your application form which jobs are combined. That way they can check that for the combined jobs only 30 hrs/week is taken into account.

[CR001]

Hi
I am sorry to confuse some of my fellows who had always been very helpful but when I posted in my old topic regarding help in Job Creation it just freaked me out and then I did my calculations again to find out that my older calculations were wrong

That's why, I am posting in new topic with new and more clear calculations

__________________________________________________________________________________________
I am on Tier1 Entrepreneur Visa on Pre-April 2014 route and hence transitional arrangements apply to me. I need a bit of help regarding the job creation requirement as I am filling my table from Set O since I am applying next week

I have three employees after extension who worked in a mix of part time / full time but none of them worked for more than 30 hours a week

Employee A worked for 26 weeks @ 30 hours per week

Employee B worked for 19 weeks @ 20 hours per week
22 weeks @ 30 hours per week
2 weeks @ 2 hours per week

Employee C worked for 24 week @ 30 hours per week
27 weeks @ 25 hours per week

So, can you please guide me now as to how should I fill up the table to claim points for Job Creation?

It would be great if anyone can help. I am more than willing to share the start dates and end dates if that is a must to help because I need help desperately as I don't want to end up with not getting points for Job Creation

Thanks in advance. And sorry for the long post

Kindly refrain from starting a new topic with the same questions on the same application.

See Multiple Topics/Posts (click)

[marcnath]

Hi
I am sorry to confuse some of my fellows who had always been very helpful but when I posted in my old topic regarding help in Job Creation it just freaked me out and then I did my calculations again to find out that my older calculations were wrong

That's why, I am posting in new topic with new and more clear calculations

__________________________________________________________________________________________
I am on Tier1 Entrepreneur Visa on Pre-April 2014 route and hence transitional arrangements apply to me. I need a bit of help regarding the job creation requirement as I am filling my table from Set O since I am applying next week

I have three employees after extension who worked in a mix of part time / full time but none of them worked for more than 30 hours a week

Employee A worked for 26 weeks @ 30 hours per week

Employee B worked for 19 weeks @ 20 hours per week
22 weeks @ 30 hours per week
2 weeks @ 2 hours per week

Employee C worked for 24 week @ 30 hours per week
27 weeks @ 25 hours per week

So, can you please guide me now as to how should I fill up the table to claim points for Job Creation?

It would be great if anyone can help. I am more than willing to share the start dates and end dates if that is a must to help because I need help desperately as I don't want to end up with not getting points for Job Creation

Thanks in advance. And sorry for the long post

This differs from the break up you posted earlier, so which is the correct one ?
Anyway, based on this, you have 72 weeks of FT work, so you need another 32 weeks of FT or 64 weeks of PT work. But you have only 46 weeks. So, strictly you need 5 more weeks of Employee C and 13 weeks of Employee B. However, there have been others who have got their approval with just other combinations.
So, I can't see how you will meet the job creation requirement.

[10020132]

Thanks for your advise
I will fill up my table again to show how I am claiming poijts for employment and then upload that

[10020132]

So what I am trying to say is that I have created two full time jobs - cashier & general assistant as the same person can work in different roles especially when the roles are not specialised

Cashier

Employee A worked for 26 weeks @15 hours per week

Employee B worked for 19 weeks @15 hours per week
22 weeks @15 hours per week

Employee C worked for 24 weeks @ 15 hours per week
27 weeks @15 hours per week


General Assistant
Employee A worked for 26 weeks @15hours per week

Employee B worked for 19 weeks @5 hours per week
22 weeks @15 hours per week

Employee C worked for 24 weeks @15 hours per week
27 weeks @10 hours per week

[marcnath]

So what I am trying to say is that I have created two full time jobs - cashier & general assistant as the same person can work in different roles especially when the roles are not specialised

Cashier

Employee A worked for 26 weeks @15 hours per week

Employee B worked for 19 weeks @15 hours per week
22 weeks @15 hours per week

Employee C worked for 24 weeks @ 15 hours per week
27 weeks @15 hours per week


General Assistant
Employee A worked for 26 weeks @15hours per week

Employee B worked for 19 weeks @5 hours per week
22 weeks @15 hours per week

Employee C worked for 24 weeks @15 hours per week
27 weeks @10 hours per week

It is an interesting attempt and on a very general level I think you can argue that one person working on two jobs should be ok as per the immigration rules.
A little confusing why you have split Employee B and C into 2 lines each..
But I think HO will be reluctant to agree with it because that opens up the possibility that people can hire one person for 24 months and claim they switched jobs after 12 months or were doing two jobs and so on - all of which is something they were trying to avoid with the April 2014 change.
You have two problems
1) There is no way this can be presented in the Job Creation table as it only asks for start and end dates and hourly salary. So, assuming that you haven't got separate payslips and split in the FPS, the split in hours between the jobs can't be calculated by the CW. If you have been somehow separating this in teh payslips and FPS submissions, then you can overcome that.

2) The second depends on the actual dates of the employees. Once you put in the actual dates and you can show that each job has 52 weeks of 30 hrs/week, then you have an argument. So, total up the hours of the three employees in each calendar week and if it totals 30 hrs, then you could have an argument. But, for example, if all three employees were working in the same week as Cashier, that week would have 45 hours for that job and HO will only take 30 hrs.

So, if you have some means of proving the hours worked for different jobs (payslips, FPS, timesheets, etc.) and you can split up the jobs (because you are pre - April 2014, you can have any number of jobs) so that each job does not exceed 30 hrs/week, you can give it a try.

But be prepared for HO refusing to reject such arguments and it may need to be decided by a court through a JR. I personally would not consider it worth it.

[10020132]

Me being Pre-April 2014, so I can combine jobs in whatever order
The reason why I weote it in two separate lines is so that it will become easier for you to read based on what I wrote previously so that you could see

The reason why I got this idea is that its based on Annex F of tier 1 entrepreneur guidance where

John Doe was manager in Job1 and for the same dates he was Treasurer in Job 2

And AGAIN

John Smith was Manager in Job 1 and for the same dates, he was cleaner in Job 3

This is how they have combined the jobs where same person was doing two different roles. So I dont think so there is any harm in doing that. Unless I am reading or comprehending something wrong

[marcnath]

Me being Pre-April 2014, so I can combine jobs in whatever order ==> That is not my understanding, but it is your application, so it is up to you.
The reason why I weote it in two separate lines is so that it will become easier for you to read based on what I wrote previously so that you could see

The reason why I got this idea is that its based on Annex F of tier 1 entrepreneur guidance where

John Doe was manager in Job1 and for the same dates he was Treasurer in Job 2

And AGAIN

John Smith was Manager in Job 1 and for the same dates, he was cleaner in Job 3

This is how they have combined the jobs where same person was doing two different roles. So I dont think so there is any harm in doing that. Unless I am reading or comprehending something wrong

The Annex F has Jane Smith as cleaner, not John Smith. Also it has Jane Doe as Treasurer, not John Doe.

[10020132]

Yes your correct. I misread the names

So is there any solution that you would recommend considering my ILR is due next week?

If you need more info about specifix dates or anything I am more than willing to give

Me being Pre-April 2014, so I can combine jobs in whatever order ==> That is not my understanding, but it is your application, so it is up to you.
The reason why I weote it in two separate lines is so that it will become easier for you to read based on what I wrote previously so that you could see

The reason why I got this idea is that its based on Annex F of tier 1 entrepreneur guidance where

John Doe was manager in Job1 and for the same dates he was Treasurer in Job 2

And AGAIN

John Smith was Manager in Job 1 and for the same dates, he was cleaner in Job 3

This is how they have combined the jobs where same person was doing two different roles. So I dont think so there is any harm in doing that. Unless I am reading or comprehending something wrong

The Annex F has Jane Smith as cleaner, not John Smith. Also it has Jane Doe as Treasurer, not John Doe.

[10020132]

After going through hundreds of posts on this forum and others, now I understand where you're coming from.
Can you answer two of the following questions to clarify my concept

Question one. What is the difference in job creation requirement between pre 2014 and post 2014 ?

Question two. Does the job role needs to exist for at least 12 months for pre-2014 cases?

[marcnath]

After going through hundreds of posts on this forum and others, now I understand where you're coming from.
Can you answer two of the following questions to clarify my concept

Question one. What is the difference in job creation requirement between pre 2014 and post 2014 ?

Question two. Does the job role needs to exist for at least 12 months for pre-2014 cases?

The answer to Q2 is NO. And that is also the answer to Q1 - the main difference is that pre-2014, it is just 24 months (104 weeks) of job creation in any combination. After 2014, it is specific - two jobs of minimum 12 months each.
Just a point - the immigration rules always specified two jobs of 12 months each. Before 2014, that was loosely interpreted, which is why there was more flexibility.

[marcnath]

Yes your correct. I misread the names

So is there any solution that you would recommend considering my ILR is due next week?

If you need more info about specifix dates or anything I am more than willing to give

My earlier post did suggest some ways to counter that - separation of payslips, FPS, etc. But it still dependent on the timing of the employees, so besides being impractical it may not help.
Are the employees still employed ?
You need about 3 months of part time work or 1.5 months of FT work.
Your best bet now is to go ahead and make the application using your logic of total hours.
Then, delay your biometric for as long as you can so the application processing is delayed. And when you reach the requisite employment in 1.5 months or 3 months, send in the additional documents and update your application.

[10020132]

Thanks for the response and the time you are spending to help me out.
Unfortunately, running the payroll and splitting the payslips now would do more harm than good as in FPS it will clearly show the date of submission to be one week before application which will create even bigger problem. And I don't have any settled employees at the moment - I just have self-employed "workers"

I will write down the dates to see if that helps to create some sort of solution out of what I have and then I will hire new worker now after looking for someone settled as I am really short on time and I don't know if I can find one so quickly. So, my best bet is that I try to arrange it in a way that my current hours do some magic and solve the problem

My extension Granted on 16 Jan 2016. I am trying to write the weeks of tax year as clearly as possible so that it will make sense but still if there are confusions, let me know and I will try to explain it further

Tax Year 2015-16

Employee A (working since before extension)
week 42-43 (2 weeks) @ 2 hours per week
week 44-52 (9 weeks) @ 30 hours per week

Employee B (working since before extension)
week 42-52 (11 weeks) @ 20 hours per week

Tax Year 2016-17

Employee A
week 1-17 (17 weeks) @ 30 per week and then left my place

Employee B
week 1-8 (8 weeks) @ 20 hours per week
week 9-30 (22 weeks) @ 30 hours per week and then she left as well

Employee C (New hired)
week 18-41 (24 weeks) @30 hours per week
week 42-53 (12 weeks) @ 25 hours per week

Tax Year 2017-18

Employee C (same hired in last tax year)
week 1-15 (15 weeks) @ 25 hours per week and then she left as well


So, is there a way that I can combine them in some order to make 2 FT jobs if possible

sorry for the long post and your response is much appreciated

[marcnath]

Were all the employees on minimum wage ?

[10020132]

Were all the employees on minimum wage ?

Yes thats correct

[marcnath]

Were all the employees on minimum wage ?

Yes thats correct

I tried looking at different combinations but I just can't see how any one could work.

So, it is back to hiring new employees and meeting the requirements in your Section 3C period. This is one time where you may want to be thankful that HO has delays in processing these visas.
You would just submit your application with 5 jobs
Job 1 - Employee A
Job 2 - Employee B - PT period
Job 3 Employee B the rest
Job 4 Employee C - FT
Job 5 Employee C - the rest
And show Job 3 and Job 5 as combined.
Get a FT recruitment done now and hope they don't decide it in 9 weeks (it is a very tight deadline). Even if it gets rejected, you have time for AR which is still under Section 3C. So, a fresh application after any potential AR rejection would possibly succeed if you have met the job creation requirements by then.

[10020132]

Thanks alot and If I hire, 1 FT employee now, how many months do I need him for?
And how should I show that Employee D?

[10020132]

Also how many months, do I need to hire this employee for?

[marcnath]

Thanks alot and If I hire, 1 FT employee now, how many months do I need him for?
And how should I show that Employee D?

You need a minimum of 9 FT weeks, so about 2 months. Depending on the job, you can show it as a separate job or add it to one of the other jobs.

Since you are pre-2014, you have that flexibility.

Note that there is no guarantee that this will work. The rules require the job creation state that it should have been created during the period for which the most recent leave was granted. I interpret that to mean it should have been done before your extension expiry, but there have been cases in this forum where HO has accepted jobs created in the Section 3C period.

But that is your only chance, so you need to try that and hope for the best.

Good luck.

[10020132]

Thanks ever so much

I will do that now. And will get back to you with updated table to see if thats alright

But just a last thing to confirm that an employee working 25 hours per week for 2 weeks will be classed as 1 week of FT not 1.8 weeks? Is my understanding correct now?

[marcnath]

Thanks ever so much

I will do that now. And will get back to you with updated table to see if thats alright

But just a last thing to confirm that an employee working 25 hours per week for 2 weeks will be classed as 1 week of FT not 1.8 weeks? Is my understanding correct now?

An employee working 25 hrs/wk for 2 weeks is considered 1 PT employee for 2 weeks as per the immigration rules.
Combining the two PT weeks into 1 FT seems to have happened before, but that is not clear from the immigration rules or guidelines.
Either way, it is definitely not 1.8 FT weeks