JOB CREATION(NO OF HOURS)

[nasiaziz]

HI
DOES ANYONE KNOW IF THE HOMEOFFICE WHEN MENTIONING THAT WE HAVE TO RECRUIT TWO WORKERS WILL THEY LOOK AT HOW MANY WORKERS ACTUALLY WERE EMPLOYED OR IS IT THE NUMBER OF TOTAL HOURS 3120 WHICH THEY WOULD LOOK AT.
SAME GOES FOR IF SOMEONE TAKE OVER AN EXISTING BUSINESS AND WHEN HOME OFFICE SAYS THEY WILL COMPARE THE NUMBER OF WORKERS BEFORE WE JOINED THE BUSINESS TO THE NUMBER OF WORKERS AFTER WE JOINED WOULD THEY ACTUALLY COMPARE THE WORKERS ONLY OR IS THE THE NUMBER OF HOURS WORKED BEFORE AND AFTER WE JOINED THE BUSINESS.
BECAUSE IF WORKERS AFTER WE JOINED MIGHT BE DOING MORE HOURS THAN THE ONES BEFORE.
THANKS

[aby00156]

The Home Office defines full time as a 30-hour working week, however part-time work can form part of the total number of hours of employment created.
If they are self-employed, they must employ the workers directly. If they are a director of a business they must have created two new posts.

the working hours of two part-time workers can be combined to add up to 30 hours a week or more and form the equivalent of one full-time post
- another worker can replace a worker who is employed for part of a year and then leaves the job, so that the employment as a whole adds up to 12 months - however, if there is a gap between one worker leaving a post and another worker starting employment, the period when the post is not filled will not be counted - only periods during which a worker is employed in a post will be considered
Tier 1 (Entrepreneur) migrants who successfully applied to enter the route before 6 April 2014, and still meet the requirements when they apply for extensions may continue to employ:
 one worker for 24 months
 one worker for six months and one for 18 months
 four workers for six months each

For those who apply for entry clearance or switch into the route from 6 April 2014, the employment must:
 be for at least two separate jobs
 exist for at least a full 12 months each

[nasiaziz]

hi
yes i have read this on the guidance policy i only want to know if the total number of hours would come up to 3120 doesnt matter if u hire one person 2 persons or as many as you like but as long as the hours are 3120 in total.

[kaps84]

For those who apply for entry clearance or switch into the route from 6 April 2014, the employment must:
 be for at least two separate jobs
 exist for at least a full 12 months each

I have a question about this part, I am a bit confused with the English probably.

The above says that the applicants who applied on or after 6 April 2014, each job needs to be atleast 12 months? Does this mean that the it can't be like 4 jobs of 6 months each?

[kaps84]

hi
yes i have read this on the guidance policy i only want to know if the total number of hours would come up to 3120 doesnt matter if u hire one person 2 persons or as many as you like but as long as the hours are 3120 in total.

It is very clear that there needs to be two separate jobs. I believe there is no confusion in this.
and for the second part you can understand it as: that they need to be full time jobs each lasting for 12 months. And they will treat a full time job as the one that is a minimum of 30 hours or more.

It has two derivations, one that you may create two separate jobs with 30 hours a week (minimum). Second, if you want to employee two people of more than 30 hours (i.e. say 40 hours a week) that is also OK. Now, if you want to remain only on 30 hours a week thing, than it means you want to remain on the border line of minimum employment.

If I go to HO and tell them that look I created two jobs with 37.5 hours a week per person (7.5 hours a day, which is a standard) and here are the payment/employment details. My case will be straight forward. There will be less chances of scrutinizing. Even if they scrutinize I will have a cushion.

But, if you will go to HO saying that look I have created two jobs with 6 hours a day with 5 days a week and have paid for 30 hours every week. you will be on border line and HO will likely think about scrutinizing this part of your application. Might be they will find some loophole, Isn't it?

[nasiaziz]

What i believe is that they say you must create equivalent of two full time posts and two full time posts would be
30*52=1560 hours
30*52=1560 hours
total 3120 hours
and they even say examples go beyond the immigration rules and the immigration rules say equivalent of two full time posts has to be created within the three years..
so you can employ part time workers 1 or 2 or 3 for continous 3 years as long as their total sum of hours are 3120 and you will qualify

[nasiaziz]

for the second part its for people who applies after 6 april 2014 onlt they have to create two separate jobs of 30 hours each
but i applied in 2013 so i am fine

[toby23]

Thank you guys for sharing this..

What about you employ one person for 45 hours/week for the whole year.

And

1 employee part time for 15 hours/week for an year or 2 employees for 15 hour/week for 6 months

45*1+15*1 = 60 hours
45*1 for 1 year + 15*2 for 6 months = 60 hours

Total 60 hours per week.

Also, as discussed in previous posts before if one of the employees in job creation is not a shareholder but a director and EU citizen, does it still qualify the job creation criteria?

Your comments will be appreciated.

Regards,

Toby