use part time jobs for extension application

[sambah]

Hello all,

I am going to use 2 part time jobs as one full time job for extension application, both of them exist for more than 12 month. But the jobs have different start date and one of the employees has some absence record - therefore for some weeks, the total number of working hours for these two jobs combined were below 30 hours. But the total number of working hours for these two jobs are still greater than 1,560 hours (30hrs/wk * 52wks). (they just have different start and end date)

I wonder, in order to meet the requirement, if the two part time jobs really need to exist at the same time (i.e. with same start and end date) or if it is fine as long as the total working hours for the two jobs combined are no less than 1,560 hours and both of them exist for at least 12 months.

Does anyone have the similar concern?

P.S. the 6th April transitional arrangement doesn't apply to my case.

Many thanks for your help,
Sambah

[zimba]

They do not need to exist at the same period at all. You need to have two or more part time jobs that lasted at least 12 months and when added together, you would end up with at least 104 weeks of full time work (30 hours per week min)

[kaps84]

Hi Sambah, my response in-line below

I wonder, in order to meet the requirement, if the two part time jobs really need to exist at the same time (i.e. with same start and end date) ==> NO or if it is fine as long as the total working hours for the two jobs combined are no less than 1,560 hours and both of them exist for at least 12 months. ==> Policy guidance only talks about 30hrs/week. So it is best to adhere to that. Different case workers will see your case differently. My opinion is that its a bit risky if you don't adhere to 30hrs/week.

Ref: https://assets.publishing.service.gov.u ... 042018.pdf

All the following rules and definitions apply to the extension and settlement job creation
requirements:
(a) A full time job is one involving at least 30 hours of paid work a week.
(b) “The equivalent of” a full time job means two or more part time jobs which add up to 30
hours a week will count as one full time job, 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.
(c) The jobs must have existed for at least 12 months during the period of the most recent
grant of leave as a Tier 1 (Entrepreneur) migrant.
(d) A single job need not consist of 12 consecutive months (for example it could exist for 6
months in one year and 6 months the following year) providing it is the same job.
(e) The jobs need not exist on the date of application, provided they existed for at least 12
months during the period of the most recent grant of leave.
(f) Different jobs that have existed for less than 12 months cannot be combined together to
make up a 12 month period. The only exception is where you successfully applied as a Tier 1
(Entrepreneur) migrant before 6 April 2014 in which case you may be able to apply the job
creation rules allowed under a transitional arrangement. Further details on transitional
arrangements can be found below.
(g) If jobs are being combined, with two part time employees being used to create the
equivalent of one full time job, the employees being relied upon must be clearly identified by
you in your application.
(h) The jobs must comply with all relevant UK legislation including, but not limited to, the
National Minimum Wage and the Working Time Directive.

[sambah]

They do not need to exist at the same period at all. You need to have two or more part time jobs that lasted at least 12 months and when added together, you would end up with at least 104 weeks of full time work (30 hours per week min)

Hi Zimba88,

Thanks for your reply. I was really concerned if they will look into each individual week, i.e. if I use two part time jobs to count as one full time then both part time workers have to work at least 15hrs (or 30hrs combined) a week. Because one of the employees asked to shift his workings hours several times because of his personal reasons. So sometimes, for example, he just worked 10 hours in a week(while the other employee worked 16 hours) and made up the other 6 hours in another week.

One of the shift was like the following:

WEEK 1 -
Employee1 worked 10 hours
Employee 2 worked 16 hours
Total hours: 26

WEEK 2-
Employee1 worked 22 hours
Employee2 worked 16 hours
Total hours: 38

So If taking the average, the worked hours are 32hrs each. But if looking into individual week, one week is below 30 hours the other one is obviously over 30 hrs.

So does the example above meet the requirement of min 30hrs per week?

Thanks for your help,
Sambah

[sambah]

Hi Sambah, my response in-line below

I wonder, in order to meet the requirement, if the two part time jobs really need to exist at the same time (i.e. with same start and end date) ==> NO or if it is fine as long as the total working hours for the two jobs combined are no less than 1,560 hours and both of them exist for at least 12 months. ==> Policy guidance only talks about 30hrs/week. So it is best to adhere to that. Different case workers will see your case differently. My opinion is that its a bit risky if you don't adhere to 30hrs/week.

Ref: https://assets.publishing.service.gov.u ... 042018.pdf

All the following rules and definitions apply to the extension and settlement job creation
requirements:
(a) A full time job is one involving at least 30 hours of paid work a week.
(b) “The equivalent of” a full time job means two or more part time jobs which add up to 30
hours a week will count as one full time job, 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.
(c) The jobs must have existed for at least 12 months during the period of the most recent
grant of leave as a Tier 1 (Entrepreneur) migrant.
(d) A single job need not consist of 12 consecutive months (for example it could exist for 6
months in one year and 6 months the following year) providing it is the same job.
(e) The jobs need not exist on the date of application, provided they existed for at least 12
months during the period of the most recent grant of leave.
(f) Different jobs that have existed for less than 12 months cannot be combined together to
make up a 12 month period. The only exception is where you successfully applied as a Tier 1
(Entrepreneur) migrant before 6 April 2014 in which case you may be able to apply the job
creation rules allowed under a transitional arrangement. Further details on transitional
arrangements can be found below.
(g) If jobs are being combined, with two part time employees being used to create the
equivalent of one full time job, the employees being relied upon must be clearly identified by
you in your application.
(h) The jobs must comply with all relevant UK legislation including, but not limited to, the
National Minimum Wage and the Working Time Directive.

Hi Kaps84,

Thanks for replying to my post. I was really concerned if they will look into each individual week. I have set the number of hours they will need to work each week but it is really the employee himself asked to shift his workings hours for his personal reasons. So sometimes, he just worked 10 hours a week and 22 hours in another which left me e.g. for a week, two employees combined just worked 26 hours and 38 hours in another week.

The average is 32hrs each week. But if looking into individual week, one week is below 30 hours.

So does it still meet the requirement of min 30hrs per week?

Thanks for your help,
Sambah

[marcnath]

They do not need to exist at the same period at all. You need to have two or more part time jobs that lasted at least 12 months and when added together, you would end up with at least 104 weeks of full time work (30 hours per week min)

Hi Zimba88,

Thanks for your reply. I was really concerned if they will look into each individual week, i.e. if I use two part time jobs to count as one full time then both part time workers have to work at least 15hrs (or 30hrs combined) a week. Because one of the employees asked to shift his workings hours several times because of his personal reasons. So sometimes, for example, he just worked 10 hours in a week(while the other employee worked 16 hours) and made up the other 6 hours in another week.

One of the shift was like the following:

WEEK 1 -
Employee1 worked 10 hours
Employee 2 worked 16 hours
Total hours: 26

WEEK 2-
Employee1 worked 22 hours
Employee2 worked 16 hours
Total hours: 38

So If taking the average, the worked hours are 32hrs each. But if looking into individual week, one week is below 30 hours the other one is obviously over 30 hrs.

So does the example above meet the requirement of min 30hrs per week?

Thanks for your help,
Sambah

Unfortunately, I think that is not good news for you.

The requirement is clear - each week needs at least 30 hrs to be considered full time. It is very clear that you can't take averages.

Of course, the challenge with two part time jobs with different start dates and variations in between is that there is no clear definition of how exactly this is to be calculated.

Since you seem to have well more than the 52 weeks each, you can try to tell the CW how it should be combined.

For example, you can use a table as in the attached picture

pt-job-combine-table.png (29.99 KiB) Viewed 645 times

If you can find 52 weeks where that combination works and gives you more than 30 hrs each, I can't see how they can refuse it.