Plan Ahead for T1e Accelerated Route

[Easykiller]

(Don't know why this post accidentally posted in other category and couldn't find the way to change it back so I re-post here)

Hi all,

Most of the cases here are focus on the applicant's present status but I would rather want to get advice from experts here in order to plan ahead to see if myself is eligible or capable to go through the accelerated route (10 jobs one). Have gone through the rules, guidance and many sources and quite sure I am clear about the major game rules.

My case:
Landed: Mar 2017
Visa till: Jul 2020
Business started: Nov 2017
Business type: Fast food (So we have relatively longer hours to accommodate more work hours)

On the capital investment side, I am very sure it has exceeded 200K. But my job creation history is a bit complicated so advice needed.

1 x Manager (Full Time) - position since Oct 2017 to now (still exists, non-stop by 2 employees, or already over 12 months)

1 x Supervisor (Full Time) - position since Oct 2017 to now (still exists, non-stop by 3 employees, or already over 12 months)

5-10 Team Members (Part-time or casual) - (all in SAME JOB TITLE and job nature)
This is the most complicated part and I try to state them in timeline:
- In Nov 2017 at the beginning of the business, we have trained and hired around 10 team members but they were in casual agreement (this gave us greater flexibility on the rosters, but unfortunately this MAY NOT count, question later)
- From Nov 2017- Jun 2018, as expected some casual workers left, some newcomers, but some worked consistently since the beginning, 1 or 2 even worked over 30 hours per week very often and sometimes flex up for the task of the Supervisor
- Late June 2018, The 2nd employee of Supervisor left and that consistent Team Member was promoted to take up the position with a formal full time contract, and still working at the position
- Since late June 2018, we signed a formal contract with an additional new Team Member and he consistently worked as a full time till now (over 30 hours per week).
- Late June 2018, as the operation of the store become stable, we woke up and re-signed formal permanent contracts with all existing Team Members (around 5-6), as we found that there is no difference at all on salary, holiday pay and benefits when compare to the casual agreement. The new employment contract states they have minimum of 4 hours to work per week, but they are not paid if they do not come to work. But they are eligible to holiday pay.
- As usual, since late June 2018 till now, some part-timers left and some new comers
- Till now, we are still maintaining 5-6 Team Members and it is expected the situation will continue. I totally understand whether these positions can be combined or counted depends on the calculation of their working hours per week and the accumulation throughout the last 14 months. It is hard to tell here as sometimes more come to work and sometimes less. These will be put in an excel table for further confirmation and calculation by solicitor. But at the moment I am quite sure that these part-timers could make up at least 2 full-time positions, no matter since November 2017 or June 2018
- Still 1.5 year before the Visa expire, we may have ability to hire one or two staff, most likely part-timers as Team Member as well
- I am also considering to set up another company to develop other business and could have the ability to hire some staff, the numbers will highly depends on how many headcounts I have already achieved

Here's the main questions:
Q1. As we are after the transition arrangement, we cannot combine 2 different part-time jobs to form a full time job. But is it similar to the extension requirements, we can still combine 2 or more part-time work hours of same position into one full time job, even for the accelerated route? (Remember they are in same title and job nature). I could not find any hints in the official guidance or discussion topics here, or even the guidelines for CW. So I just want to further clarify. This is essential if they were not counted, I only have 3 eligible headcounts at present.

Q2. As stated above, do those employees or headcounts with casual agreements in the first 7 months count? In fact they were all paid as same as normal contract staff with official payslips, pay holidays and all HMRC forms filled. The only difference was the contract, of which the casual one stated "this is not an employment contract". I heard of some successful extension cases that they did not need to submit the employment contract. I could arrange those 2 or 3 staff who are still working here to sign a back dated permanent contract but I could not find those who left. If they are not counted or most likely not counted then it will be a big wastage.

Q3. As position 1 & 2 (Manager & Supervisor) have been existed for over 12 months, is it possible that we promote that 2 staff to a new position with new title, new contract and new but similar job description, so that 2 additional jobs are created? (In fact they were performing well and deserve a promotion) I know to some extent it is tricky but I could not find any clause or explanations in the guidance avoiding this, or saying this is invalid.

Q4. Holiday Pay were made to all my staff (both casual & contracted). Does it mean that those days when they were absent or in holiday are still counted as an employee, so that I can add into the excel? But no working hours can be counted when they are absent or in holiday, right?

To sum up, I am quite sure by the end of June this year I will achieve 5 headcounts if I go for normal extension process. (1 manager, 1 supervisor, 1 consistent Team Member & 2 Part-time Team Members, all with formal employment contracts.) But this is just half way and at that time only 10 months to go. However, if there are more positive answers then I may now have accumulated 70% of the accelerated target and I still have around 15 months to achieve the rest 30%

I have done my best to explain my present situation and hope it is clear but feel free to ask any question for clarification.

Thank you very much for viewing and answering!

[CR001]

Please continue in your other topic, which is relevant to ILR Accelerated Route and in the ILR sub forum, which is the correct place.