T1 Entrepreneur to ILR - Regarding Job Creation

[raz93]

hello everyone, i recently got my Tier 1-E extension. Now i am preparirng for ILR, want to be extra sure this time.

i have got a question regrding employment creation.

Q1. My previous leave expired on 23 Nov 2016 and new leave started 3 April 2017. So for 2 employments, when would the counter start? Would home office include time while i was waiting for my application to get processed or they want 12 monthemployment from the day extension was approved?

regards

[sm12]

The time you were waiting for an extension will not count. It'll have to be 24 months from the date you were granted extension.

[zimba]

No. Job creation requirement applies to your LAST period of leave. That means the period AFTER your extension was granted.

[raz93]

hi everyone, i am about to apply for my ilr based on 5year on 200k route. my question is regarding job creation. my entry clearance was approved in july 2013 so my case would fall under pre 2014 transition arrangement. i have created 3 part time jobs since my extension was accepted.
job 1: 24 hours per week for 68 weeks
job 2: 24 hours per week for 68 weeks
job 3: 16 hours per week for 62 weeks

now the question is can i use the 24 hour part time job as one single job as it is equivalant to 1632 hours and from what i understand home office counts a full time to be 1560 hours. so will just using the part time job 1 and job 2 on its own without combining be enough to fulfill the rule?

regards

[raz93]

sorry.. i forgot i had asked a question regarding ILR before.

[regularuser]

you need to create 104 weeks of employment.

[raz93]

you need to create 104 weeks of employment.

i know that but my scenario is not that simple.

[regularuser]

Hi

are you able to put exact start date and end date with employees hours worked ?

[raz93]

all employees started working 09 april 2017 and are still working.

[zimba]

There is no guidance on how to approach this. Rules allow two or more part time jobs to be combined but how a part time job hours are treated on its own is not covered. There might have been cases where people got the points this way using the pre-April 2014 arrangements but I do not recall such case

[regularuser]

If I would you than I am not eligible to apply.

I will assume that HO will only count 15 hours a week for each part time employee, so if you put employee 1 job no.1 and employee 2 & 3 job no. 2

Job no.2 will fulfill the requirement but I am not sure for job no. 1 will fulfill or not ?

Marcnath or Zimba can advise on this.

[zimba]

I will assume that HO will only count 15 hours a week for each part time employee, so if you put employee 1 job no.1 and employee 2 & 3 job no. 2

That is an incorrect assumption as one or MORE part time jobs can be combined. Any job which is less that 30 hours per week is part time. The only issue here is that there is no evidence that for example HO will treat a 25 hour per week job which lasted for 63 weeks as a full time job, just because the hours worked were more than 1560.

I suggested before on the Tier 1E forum some calculation that you may find useful: uk-tier-1-entrepreneur-visas/criteria-f ... l#p1437307

[raz93]

I will assume that HO will only count 15 hours a week for each part time employee, so if you put employee 1 job no.1 and employee 2 & 3 job no. 2

That is an incorrect assumption as one or MORE part time jobs can be combined. Any job which is less that 30 hours per week is part time. The only issue here is that there is no evidence that for example HO will treat a 25 hour per week job which lasted for 63 weeks as a full time job, just because the hours worked were more than 1560.

I suggested before on the Tier 1E forum some calculation that you may find useful: uk-tier-1-entrepreneur-visas/criteria-f ... l#p1437307

thanks for replying zimba..i have tried to understand your calculation and to what i have understood, if we add complete hours and divide by 30 we get equivalent full time job time.. Using that formula 24hours for 68 weeks would be equivalent to 30hours for 54.4 weeks.. so a part time job can become equivalent to a full time job given that the number of hours add up to be 1560..

[raz93]

now how can we test this with HO.. unless there’s a similar successful
case to be used as a reference.

[zimba]

You can apply and risk being refused or hope for the best.
Surely it would have been better to stick to the clear requirements of 104 weeks of full time employment instead

[raz93]

big risk when it comes down to nearly £2300 fees and thats two of us as me and my dad are in entrepreneurial team.. did that guy applied using your formula ? and has he shared his successful application details.

[raz93]

one more question, i have another employee who is under 21 so gets paid £5.90. can i include that employee as well or does it need to be over 21?

[regularuser]

Yes you can claim.

Are you paying minimum wages to your employees if not than you can increase the hours.

[zimba]

big risk when it comes down to nearly £2300 fees and thats two of us as me and my dad are in entrepreneurial team.. did that guy applied using your formula ? and has he shared his successful application details.

Then better to follow the straightforward requirements instead of putting yourself in a risky situation. I do not know if anyone was granted visa using this calculation. As I said, use my example calculation at your own risk

one more question, i have another employee who is under 21 so gets paid £5.90. can i include that employee as well or does it need to be over 21?

No issues

[raz93]

Finally Got a call from my solicitor confirming they have received our BRP's and our application has been successfull.

[raz93]

I will assume that HO will only count 15 hours a week for each part time employee, so if you put employee 1 job no.1 and employee 2 & 3 job no. 2

That is an incorrect assumption as one or MORE part time jobs can be combined. Any job which is less that 30 hours per week is part time. The only issue here is that there is no evidence that for example HO will treat a 25 hour per week job which lasted for 63 weeks as a full time job, just because the hours worked were more than 1560.

I suggested before on the Tier 1E forum some calculation that you may find useful: uk-tier-1-entrepreneur-visas/criteria-f ... l#p1437307

Hi just to clarify. I think HO does count part-time only job as a full-time 30 hours job as long as it matches the same total number of hours.

[raz93]

In my case this is how i filled my job creation section; Hope it helps others in the similar scenario and good luck.

Job 1: (own its own)
Mr.A (24hrs/week)
Part-Time
for 68 week
Start:04-2017
Total Hours 1632


Job 2: (to be added with job 5)
Mr.R (some weeks at 24hrs/week and some weeks at 21hrs/week)
Part-Time
for 68 week
Start:04-2017
Total Hours 1605

Job 5: (to be added with job 2)
Ms.N (23hrs/week)
Part-Time
for 14 week
Start:04-2018
Total Hours 322


Job 3: (to be added with job 4)
Mr.S (16hrs/week)
Part-Time
for 62 week
Start:05-2017
Total Hours 736


Job 4: (to be added with job 3)
Ms.S (16hrs/week)
Part-Time
for 68 week
Start:04-2017
Total Hours 1088


So, I considered job 1 on its own a full job. Technically speaking I submitted three equivalent jobs but job 4 I was missing employee id document and if that's taken into consideration then job 1,2,3,5 were considered by HO. In which case job 1 would have to be treated as a full 30 hrs equivalent job.

Rest on gurus if they can translate this better.

[raz93]

also my timeline has been astonishingly fast.

Application submitted: 10-08-2018(friday)
Biometrics letter dates: 23-08-2018
Biometrics done: 28-08-2018
Acknowledgement email: 21-08-2018
BRP received: 11-09-2018

so in about one month.

Two applicants; me and my dad as partners.

Thanks, everyone for all the support.

[rajbhanu300]

Hi raz93,

Congrates on your visa.Glad to know that home office people have started giving visas so quickly.I would like to know if the part time jobs you created were 5 jobs/positions or just 5 employees in two/three posiitons/job titles?

Hoping to hear from you soon.

Thanks in advance.

[raz93]

Hi raz93,

Congrates on your visa.Glad to know that home office people have started giving visas so quickly.I would like to know if the part time jobs you created were 5 jobs/positions or just 5 employees in two/three posiitons/job titles?

Hoping to hear from you soon.

Thanks in advance.

Hi rajbhanu, i had created 5 positions. All part-time, 4 of which lasted more than a year and 1 lasted for 4 months. 2 of these jobs can be counted as full 30 hour jobs as had total hour same as 30x52=1560 hours. 1 of the job/position has had 2 employees, where one replaced after 3 months as the other one retired.