Extension Refused | Help/Advice Required Please

[AANA]

Hi All

Really confused at the moment regards my extension refusal, could a senior please help or offer advice.

Refusal is on the job creation attribute, 0 points awarded.

This is the text of the letter:

Table 5 states as follows; the jobs must have existed for at least 12 months of the period for which the most recent leave was granted.

We accept that you have created one full time paid job for Mr XX XX as a Senior Xx XX. You have also provided evidence of two further employees Ms ABC (Support Assistant) and Ms XYZ (Customer Service).

Paragraph 49 states as follows; A full time job is one involving at least 30 hours of work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job and may score points in Table 5 and 6, if both jobs exist for at least 12 months. however, one full time job of more than 30 hours work a week will not count as more than one full time job. if jobs are being combined, the employees being relied upon must be clearly identified by the applicant in their application. Jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period.

Therefore, we are able to accept the full time role for Mr XX Xx but unable to accept a combination of roles for Ms ABC and Ms XYZ. The reason for this is, due to the different job titles of Ms ABc and Ms XYZ they cannot be combined to make up one full time job making 30 hours per week.

This is not sufficient to meet the requirements of creating the equivalent of two new full time jobs which have each existed for at least 12 months.

We have therefore been unable to award points for Attributes in accordance with Appendix A.


On Form 3B2
We have combined Job No2 (Support Assistant) and Job No3 (Customer Service) (and vice versa)

Ms ABC (Support Assistant) started with our company in November 2014, part time employment of 16 hours per week, everything was broken down regards hourly rate

Start Date Start Date End Date HR
01/11/2014 31/10/2015 £6:50
01/11/2014 01/11/2015 31/03/2016 £6:70
01/11/2014 01/04/2016 31/03/2017 £7:20
01/11/2014 01/04/2017 ongoing £7:50

Ms XYZ (Customer Service) started with our company in September 2015, part time employment of 16 to 20 hours per week, again everything was broken down regards hourly rate

Start Date Start Date End Date HR
01/09/2015 31/10/2016 £5:30
01/09/2015 01/11/2016 28/04/2017 £6:95

So in total Ms ABC worked for over 36 months and Ms XYZ for 20 months.

I am really confused why our applications has been refused due to different job titles and would appreciate any help and advice.

AANA

[zimba]

Looks like a mistake. The job title is not relevant as the paragraph that they themselves quoted funnily enough says "Two or more part time jobs that add up to 30 hours a week will count as one full time job and may score points in Table 5 and 6, if both jobs exist for at least 12 months"

As both part time jobs existed for more than 12 months you should be able to combine them. AR should clear this up

[AANA]

Thank you Zimba88 for your quick reply.

is there anything that you think i should add or mention in the AR

[marcnath]

I agree that it is a CW mistake.

It is ridiculous since in another case CW (definitely a different one) refused an application because two jobs had the same job title.

Thankfully that was overturned as I am confident yours will be too.

Just clearly state the quote that Zimba referred to and clarify that nowhere in the immigration rules, does it state that the part time jobs need same titles.

There is one clarification that would be useful though.

How did you fill in the Job Table ?

Did you create a separate Job for each employee or list the two PT employees in the same Job table ?

[AANA]

Thank you Marcnath

I created 2 separate jobs...
Job 2 (support assistant)
and
Job 3 (customer service)

then combined them where it said

If this job is being combined with another job to make equivalent of 1 full time job, indicate which job

[marcnath]

Thank you Marcnath

I created 2 separate jobs...
Job 2 (support assistant)
and
Job 3 (customer service)

then combined them where it said

If this job is being combined with another job to make equivalent of 1 full time job, indicate which job

Ok. So you have done all the right things.

Good luck with the AR - though in this case I don't even think you need luck

[AANA]

Thank you once again Marcnath.. i hope you are right.. i will let you know how i get on though i am now feeling more confident and assured

[moongesture]

its Seems a case working error. Yes, the problems we have seen were for the same title for two or more job (where caseworker was looking for two separate jobs).

Do you come under the transitional agreement?

[AANA]

thanks Moongesture

initial visa was granted in September 2014, so we had to apply under the new rules

[moongesture]

Still, You are absolutely fine with the job criteria and this must be overturned in your AR. I have gone through Appendix A again and very much confident that two part-time jobs can be combined together if existence for at least 12 months.

also 49(f) states
(f) If jobs are being combined the employees being relied upon must be clearly identified by the applicant in their application.

And it seems you have done it properly.

[AANA]

Thank you.. fingers crossed.. i will let you know how i get on at AR

[umer.shahzad1]

can u please share your timeline please?

[kaps84]

Hi ANNA, why don’t you screenshot and attach the job tables (after removing personal info)? So as to make sure that nothing is overlooked?

[AANA]

I have tried to attach pictures but it comes up with an image too large error message.

[nish_patel7]

Hi, Marcnath & other gurus. I think the case workers are looking for the job title to combined the job. If the job title is different than Home Office is not considering it as the combined job to score the points. Now the question is whether the Home Office is right about this or not? Because to me Home Office is right here until unless someone’s AR has been successful on such scenario. Because it is clearly mentioned on the rejection reason by case worker on this case that you cannot combined two different job title to count as one full time job. Now correct me here if I am wrong. Thanks

[marcnath]

Hi, Marcnath & other gurus. I think the case workers are looking for the job title to combined the job. If the job title is different than Home Office is not considering it as the combined job to score the points. Now the question is whether the Home Office is right about this or not? Because to me Home Office is right here until unless someone’s AR has been successful on such scenario. Because it is clearly mentioned on the rejection reason by case worker on this case that you cannot combined two different job title to count as one full time job. Now correct me here if I am wrong. Thanks

As has already been stated by Zimba88 and me, there is nothing in the immigration rules about it needing to be the same Job Title

[zimba]

Hi, Marcnath & other gurus. I think the case workers are looking for the job title to combined the job. If the job title is different than Home Office is not considering it as the combined job to score the points. Now the question is whether the Home Office is right about this or not? Because to me Home Office is right here until unless someone’s AR has been successful on such scenario. Because it is clearly mentioned on the rejection reason by case worker on this case that you cannot combined two different job title to count as one full time job. Now correct me here if I am wrong. Thanks

Rules clearly allow two jobs being combined if the existed for more than 12 months. I pointed out that the caseworker stated the rules and did not even follow it

[AANA]

Alhumdulillah ("all praise and thanks be to Allah")

AR was successful, i have got my extension, along with my spouse and son.. waiting for my business partner and her husbands visa's..

Thanks to all who advised and special thanks to Zimba and Marcnath

[zimba]

Congratulations Positive results were expected as advised

[AANA]

Thank you Zimba..
I have got my BRP, as has my wife and son, our IHS fee has also been refunded. I have just checked with my T1E business partner and she (and her husband, dependent) have NOT received any paperwork, or IHS refund as yet? is this normal??

Now will start getting the ILR paperwork ready..lol

[zimba]

Given the two applications will be treated separately, then yes. They should wait to hear back their results. Your application has no bearing on theirs

[AANA]

Thanks for that Zimba