capricon918 wrote: ↑Sat Mar 10, 2018 12:42 am
Hello lovely people
Hope you guys are all doing good.
was just having a discussion with one of the friends about the job creation criteria and we both had different interpretations... can the GURUS please help by clarifying some details...
My understanding of the guidance is as follows:
Under transitional arrangements, 2 part time jobs (as far as combined together they make 30 hours) can be combined to claim 1 full time job and does not have to last for 12 months as this rule was made after 6 April 2014.
Also in the same way if employee A (who is a part time worker) leaves the job and from the next day is replaced by another employee under the same designation but still part time can continue working and a job will not be broken. Again this is only under the transitional arrangements.
His understanding was ...... 2 part time jobs can be combined to claim 1 full time job but they both need to last for 12 months together even with transitional arrangements and minimum hours for 1 part time worker has to be 15 hours.... if a part time worker is doing any hours which are less then 15, cannot be combined with any other part time worker to claim a full time job... (No clue where in guidance this 15 hours minimum is mentioned)
For the second part, his understanding was that if a part time worker leaves a job and if he/she is replaced by another person, the job will break and could not be claimed with any other part time job to make 1 FT job even if this is with transitional arrangements in place..
Can the gurus please shed some light on this and clarify some information...
Your valuable opinions are highly appreciated.
Ok, both of the interpretations are wrong, in my opinion.
For someone who is covered by the transitional arrangements, all they need for the ILR application in terms of job creation is 24 months of full time employment or equivalent. What it means is from your extension visa approval date till the time you're applying for ILR, you need to have an equivalent of a minimum of 30 hours per week for a minimum of 104 weeks (24 months = 52 weeks x 2).
Now you can achieve this in many ways. You can two full time employees working 30 hours a week for 12 months each. You can one full time employee working 30 hours a week for 18 months and another for 6 months. One full time employee for 22 months and another full time for 2 months. One full time employee for 10 months and two part time employees working the same period for 14 months and their combined hours adding up to a minimum of 30 hours a week. You can have four full time employees for six months. Basically you can have any combination that you want. The bottom line is you need 24 months or 104 weeks worth of full time employment.
The minimum 12 months rule don't apply to those under transitional arrangements.
The thing to be careful of: for instance, you have one part time employee working 25 hours a week and another part time employee working 25 hours a week, and a third employee who is full time working 40 hours a week. This will only give you one week's worth of two full time jobs. You can't add their hours together (25+25+40 = 90 hours) and say this is equivalent of one week's worth of 3 employments. When you combine two or more jobs to create a full time employment, any hours in excess of 30 hours are ignored. So, in this example, the two part timers will have a combined 50 hours a week but only 30 will be considered and the remaining 20 will get ignored. Same with the full time employee in this example - only 30 will be considered and the remaining 10 will be ignored.
