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query regarding employees, Ti ent (50k)-ILR

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Capri
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query regarding employees, Ti ent (50k)-ILR

Post by Capri » Mon Jul 22, 2019 11:47 pm

Respected gurus and employees,
need some suggestion regarding employees, I have submitted my ILR application in one month time, employee1 with us since October 2017 (20 months on application time), employee2 with us since April 2018 (15 months).
Employee1 wants to start his own business, employee2 wants to go back her country, in this scenario my question is, as i am on waiting time for decision, what should I do, should I remove them or replace them, employee3 is working just part time, I am worried about gaps in job if I had not have full time employees. I want to know is there any rule full time employees till decision?
Thanks in advance
“If there is a good will, there is great way.” :D

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Re: query regarding employees, Ti ent (50k)-ILR

Post by zimba » Tue Jul 23, 2019 12:16 am

There is no such rule. Your employees can leave without any issues
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Capri
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Re: query regarding employees, Ti ent (50k)-ILR

Post by Capri » Tue Jul 23, 2019 12:28 am

Thank you very much Zimba for your prompt response. :D
“If there is a good will, there is great way.” :D

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CULLINAN
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Re: query regarding employees, Ti ent (50k)-ILR

Post by CULLINAN » Tue Jul 23, 2019 12:31 am

Capri wrote:
Mon Jul 22, 2019 11:47 pm
Respected gurus and employees,
need some suggestion regarding employees, I have submitted my ILR application in one month time, employee1 with us since October 2017 (20 months on application time), employee2 with us since April 2018 (15 months).
Employee1 wants to start his own business, employee2 wants to go back her country, in this scenario my question is, as i am on waiting time for decision, what should I do, should I remove them or replace them, employee3 is working just part time, I am worried about gaps in job if I had not have full time employees. I want to know is there any rule full time employees till decision?
Thanks in advance
There is no rule for employees to be active on the day of ILR application or during the waiting period. It is purely your business decision. However, note, some members are being interviewed at ILR stage. If an interview happens, you should be prepared to justify your business actions. Both employees leaving just after 1 month from your ILR application (if I understood your post correctly) may raise questions IF an interview happens. Having said that, you know your business better, if you can justify your decisions its all good.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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Capri
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Re: query regarding employees, Ti ent (50k)-ILR

Post by Capri » Tue Jul 23, 2019 12:55 pm

thanks tier11417,
your views are so clear, I posted question because I have these doubts, and your are absolutely right if I will be interviewed, but I thought because my business is genuine, its a part of business to appoint new employees and sometime employees resign, on my payroll here are more than 10 employees, still coming and going, just shortlisted some candidates from many CVs to appoint.
I had interview on my extension application time, and on that time there were different employees when I claimed jobs in application, and interviewer just asked reason for leaving those employees and they took details of that time's current employees.
I am not an expert as you are but this was my experience, but this time I am going for ILR so I have asked this question.
Many thanks
“If there is a good will, there is great way.” :D

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CULLINAN
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Re: query regarding employees, Ti ent (50k)-ILR

Post by CULLINAN » Tue Jul 23, 2019 2:37 pm

Capri wrote:
Tue Jul 23, 2019 12:55 pm
thanks tier11417,
your views are so clear, I posted question because I have these doubts, and your are absolutely right if I will be interviewed, but I thought because my business is genuine, its a part of business to appoint new employees and sometime employees resign, on my payroll here are more than 10 employees, still coming and going, just shortlisted some candidates from many CVs to appoint.
I had interview on my extension application time, and on that time there were different employees when I claimed jobs in application, and interviewer just asked reason for leaving those employees and they took details of that time's current employees.
I am not an expert as you are but this was my experience, but this time I am going for ILR so I have asked this question.
Many thanks
Employees can come and go. You can have zero employees if that is your business need now. I have seen examples where members applied for ILR with zero employees at the (date of ILR and after) and were granted ILR without any issues.

I myself had an interview at extension stage. At that point in time I had one active employee and one had left so I know with experience that they grill more at employees questions.

If you have zero employees at the moment there is no harm as there is no rule like you should have active employees after you have met the 12 months requirements already. But I like to prepare for the worst. Incase an interview happens you should be able to justify your business actions. Some potential answers examples could be:

1) You are in process of hiring more staff. I would advise you to advertise your jobs on google, job search websites, facebook etc so you have the proof incase you need
2) Business is slow at the moment
or many other answers
etc
etc

I hope you get your ILR soon without any issues, but as I said, I like to weigh all possibilities and plan accordingly.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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Capri
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Re: query regarding employees, Ti ent (50k)-ILR

Post by Capri » Tue Jul 23, 2019 7:32 pm

tier11417 wrote:
Tue Jul 23, 2019 2:37 pm
Capri wrote:
Tue Jul 23, 2019 12:55 pm
thanks tier11417,
your views are so clear, I posted question because I have these doubts, and your are absolutely right if I will be interviewed, but I thought because my business is genuine, its a part of business to appoint new employees and sometime employees resign, on my payroll here are more than 10 employees, still coming and going, just shortlisted some candidates from many CVs to appoint.
I had interview on my extension application time, and on that time there were different employees when I claimed jobs in application, and interviewer just asked reason for leaving those employees and they took details of that time's current employees.
I am not an expert as you are but this was my experience, but this time I am going for ILR so I have asked this question.
Many thanks
Employees can come and go. You can have zero employees if that is your business need now. I have seen examples where members applied for ILR with zero employees at the (date of ILR and after) and were granted ILR without any issues.

I myself had an interview at extension stage. At that point in time I had one active employee and one had left so I know with experience that they grill more at employees questions.

If you have zero employees at the moment there is no harm as there is no rule like you should have active employees after you have met the 12 months requirements already. But I like to prepare for the worst. Incase an interview happens you should be able to justify your business actions. Some potential answers examples could be:

1) You are in process of hiring more staff. I would advise you to advertise your jobs on google, job search websites, facebook etc so you have the proof incase you need
2) Business is slow at the moment
or many other answers
etc
etc

I hope you get your ILR soon without any issues, but as I said, I like to weigh all possibilities and plan accordingly.
agreed you are so helpful tier11417, thank you very much for your views, I will have to take care and prepare for worst. thanks again
“If there is a good will, there is great way.” :D

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