Tier 1 Entrepreneur refusal - Job creation matter

[HMG]

How did you calculate your hours ?? Your workers worked for 22 months only !!

He wrote "1st Payment" not sure why bu maybe they started a month earlier being paid end of said month

I meant they started at the beginning of the month and the payment at the end of the month. Sorry did not mean to make any confusion.

[HMG]

Another pointer. While not part of AR per se does not hurt to mention in covering letter and evidence that both roles have been continuing.

CWs are people and the overall picture does influence them (from experience)

Thanks, I will consider this

[zimba]

Please provide the EXACT period you claimed for your jobs. What is the PERIOD you claimed points for ??!
If I put the 1st of the month, the hours are 3060. Did they start at 1st of 22nd of the previous month !!?
We are playing a guessing game here

[HMG]

Please provide the EXACT period you claimed for your jobs. What is the PERIOD you claimed points for ??!
If I put the 1st of the month, the hours are 3060. Did they start at 1st of 22nd of the previous month !!?
We are playing a guessing game here

The hours as below

A job B job B job Total
Hours/ month 140 120 125
Months 12 4 8
Total 1680 480 1000 3160


lol, is really complex and is about interpreting the guideline but is clear there just 120 hours a month. and below is the exact phrase from the latest guidance
“We consider full-time to be 30 hours per week / 120 hours per month. Each job will be assessed separately unless you indicate below that you wish to combine one job with another job.” Page 91

Anyway they accepted from job A just 130 a month and required the other ones to be 130 a month in order to award me the points of job creation

[HMG]

How did you calculate your hours ?? Your workers worked for 22 months only !!

Hi Zimba,

I do not know the full rules of the forum that is why I wanted to ask you about something. I submitted an inquiry letter to the home office via another website to ask about the confusion of 120 hours per month. is it okay to put the link here so others can follow it and be notified when I receive the response from the home office. I thought to email you privately but you said you do not want to be contacted privately therefore I wrote this in public.


By the way, my employees worked for 24 months each month more than 120 hours and this was prior to the submission date of the application

[zimba]

If you asked it as 'freedom of information (FOI)' request they will not answer it.

[HMG]

If you asked it as 'freedom of information (FOI)' request they will not answer it.

yes I did but I did not ask about my case, I asked in general about the point of 120 hours per month which mentioned in the guidance and application form, and why they do not consider 2880 hours in total if the company pay the employees monthly. Anyway I sent it and will wait to see if they will respond or not.

[marcnath]

If you asked it as 'freedom of information (FOI)' request they will not answer it.

yes I did but I did not ask about my case, I asked in general about the point of 120 hours per month which mentioned in the guidance and application form, and why they do not consider 2880 hours in total if the company pay the employees monthly. Anyway I sent it and will wait to see if they will respond or not.

Again it is never about total hours. A FT job is defined by works and pension as 30 hrs/week or more. You need to report to HMRC whether it is a FT Job. That is shown by the letter D in the FPS. Check what you have in the FPS.
HO is just following the works and pension definition.

[zimba]

FOI requests are not for you to inquiry about the immigration rules. Rules are clear as we repeated hundreds of times, 104 weeks of full time employment (which is defined as 30 hours per week) If you do NOT have 104 weeks of full time employment, you do not get the points.

[HMG]

If you asked it as 'freedom of information (FOI)' request they will not answer it.

yes I did but I did not ask about my case, I asked in general about the point of 120 hours per month which mentioned in the guidance and application form, and why they do not consider 2880 hours in total if the company pay the employees monthly. Anyway I sent it and will wait to see if they will respond or not.

Again it is never about total hours. A FT job is defined by works and pension as 30 hrs/week or more. You need to report to HMRC whether it is a FT Job. That is shown by the letter D in the FPS. Check what you have in the FPS.
HO is just following the works and pension definition.

I am preparing and AR and let's see the outcome

[HMG]

FOI requests are not for you to inquiry about the immigration rules. Rules are clear as we repeated hundreds of times, 104 weeks of full time employment (which is defined as 30 hours per week) If you do NOT have 104 weeks of full time employment, you do not get the points.

I am waiting and will update everyone when any new regarding the AR or the inquiry to the HO

[niomi]

FOI requests are not for you to inquiry about the immigration rules. Rules are clear as we repeated hundreds of times, 104 weeks of full time employment (which is defined as 30 hours per week) If you do NOT have 104 weeks of full time employment, you do not get the points.

I am waiting and will update everyone when any new regarding the AR or the inquiry to the HO

Hi HMG, just wondering if you've heard back yet about AR?

[kaps84]

Again it is never about total hours. A FT job is defined by works and pension as 30 hrs/week or more. You need to report to HMRC whether it is a FT Job. That is shown by the letter D in the FPS. Check what you have in the FPS.
HO is just following the works and pension definition.

What is this Letter D ??? is there an example FPS for this? I do not see any letter D in the FPS! just wondering ...

[marcnath]

Employee hours normally worked - Put ‘A’ if less than 16 hours, ‘B’ if 16 to 23.99 hours, ‘C’ if 24 to 29.99 hours, or ‘D’ if 30 hours or more. Put ‘E’ if you don’t pay your employee regularly or you pay them a workplace pension or annuity

Full details at :
https://www.gov.uk/guidance/what-payrol ... rt-to-hmrc

This has to be reported to the HMRC through the RTI, but whether it is in an FPS depends on the software you are using.
My software has this section in the FPS:
https://1drv.ms/i/s!Aq7gSza4ER7CmOpH8iDtAqsI5DU8MA

[kaps84]

Yeah.. possibly the different software thing.
And I doubt if the CW goes into that details (giving the fact different software's have different 'additional' stuff)

I think this 'Letter D' thing is just an 'additional' stuff from where I see it (from visa application perspective atleast). I might be completely wrong and this could be a really important thing to a CW to determine if an employee is full-time or part-time. Not sure!

My sample FPS is here: https://www.dropbox.com/s/k43xxf2kpvvhj ... S.jpg?dl=0

[niomi]

I think this 'Letter D' thing is just an 'additional' stuff from where I see it (from visa application perspective atleast). I might be completely wrong and this could be a really important thing to a CW to determine if an employee is full-time or part-time. Not sure!

My accountant explained to me that mine hasn't been selected, so you're right in that it's additional. I think she said they'd been doing it as E or 'default' is how she described it.

[Yellow rose]

The point to argue is in Pg 91 of the guidance where it says "We consider full-time to be 30 hours per week / 120 hours per month" and the same text in Pg 46 of the application form.
You can use that to argue that the other jobs should be considered full time.

this come from the old guidance, HO delete this sentence of 120/hours per month

[HMG]

FOI requests are not for you to inquiry about the immigration rules. Rules are clear as we repeated hundreds of times, 104 weeks of full time employment (which is defined as 30 hours per week) If you do NOT have 104 weeks of full time employment, you do not get the points.

I am waiting and will update everyone when any new regarding the AR or the inquiry to the HO

Hi HMG, just wondering if you've heard back yet about AR?

Hi, I am still waiting

[niomi]

FOI requests are not for you to inquiry about the immigration rules. Rules are clear as we repeated hundreds of times, 104 weeks of full time employment (which is defined as 30 hours per week) If you do NOT have 104 weeks of full time employment, you do not get the points.

I am waiting and will update everyone when any new regarding the AR or the inquiry to the HO

Hi HMG, just wondering if you've heard back yet about AR?

Hi, I am still waiting

Thanks for the update -- when did you apply for AR? I guess it's been a month now?
good luck.

[HMG]

I am waiting and will update everyone when any new regarding the AR or the inquiry to the HO

Hi HMG, just wondering if you've heard back yet about AR?

Hi, I am still waiting

Thanks for the update -- when did you apply for AR? I guess it's been a month now?
good luck.

You welcome. I applied on 18th Jahnuary so I suppose to hear from them very soon I guess

[mshakeel2002]

Thanks , your post has actually helped me, i thought they add extra hours but it appears they dont. I need to apply for my ILR.

[HMG]

Thanks , your post has actually helped me, i thought they add extra hours but it appears they dont. I need to apply for my ILR.

You welcome

[HMG]

Hi
I received today £200 the refund of the Health Surcharge. Did not receive the AR decision yet but will update you when I receive it.

[niomi]

Hi
I received today £200 the refund of the Health Surcharge. Did not receive the AR decision yet but will update you when I receive it.

Thank you HMG. Is a refund generally a good sign? What does it mean?

[HMG]

Hi
I received today £200 the refund of the Health Surcharge. Did not receive the AR decision yet but will update you when I receive it.

Thank you HMG. Is a refund generally a good sign? What does it mean?

You welcome. Not sure but the general advice is to wait for the decision, once I got it will update everyone