Job Creation

[Deekee]

Hello guys,

Please just a quick question, am applying for my Tier 1 extension and need help regarding job creation, I will like know if I can combine 2 different part-time jobs with 2 different hourly rate to make 1 full time. Example:
Job 1: Business Development officer
Weekly hours: 20 hours
Hourly rate: £9.50

Job 2: Cleaner
Weekly hours: 15
Hourly rate: £7.50

Both jobs existed for more than 12 months

Kindly help advise if it is possible to combine the Job 1 and Job 2 as 1 full time job.
Thanks

[marcnath]

Sure - no issues with that.

[Deekee]

Thanks marcnath.

[Deekee]

Hello All,

Please I need help regarding filling section K4 for Tier 1 Entrepreneur:

K4. Did you demonstrate that any of these funds were invested in your business as part of
your successful application for your last grant of leave?
-Yes all of the funds were shown in the previous application. Go to part L
-Yes some of the funds were shown in the previous application. Go to K5
- No none of the funds were shown in the previous application. Go to K6

Brief History:
Feb 2014 - Feb 2015 - I was on Tier 1 Graduate entrepreneur visa
Feb 2015 - March 2018 - Switched to Tier 1 Entrepreneur(50k route).
I started and registered the business in 2014 while on Tier 1 Graduate Entreprenuer, during my initial application for Tier 1 Entreprenuer (50k route) I submitted management account with accountant letter as evidence that I have invested £14k in the business and still provided evidence of 50k in personal bank account.

I have invested the 50k in the business (2015-2017).

Please my question is :
Should I say Yes - Yes some of the funds were shown in the previous application. Go to K5

K5. How much money did u show had been invested in UK business as part of our last application? - 14K

or Should I say NO - No none of the funds were shown in the previous application. Go to K6

base on the policy guide page 10 which states:

In all cases you cannot score points for funds in any of the points tables from any of the following:
3. Money invested in your business more than 12 months (or 24 months if you were previously a Tier 1 (Graduate Entrepreneur) migrant before the date of application which led to you being granted your first grant of leave as a Tier 1 (Entrepreneur) migrant.


Thanks.

[marcnath]

Hello All,

Please I need help regarding filling section K4 for Tier 1 Entrepreneur:

K4. Did you demonstrate that any of these funds were invested in your business as part of
your successful application for your last grant of leave?
-Yes all of the funds were shown in the previous application. Go to part L
-Yes some of the funds were shown in the previous application. Go to K5
- No none of the funds were shown in the previous application. Go to K6

Brief History:
Feb 2014 - Feb 2015 - I was on Tier 1 Graduate entrepreneur visa
Feb 2015 - March 2018 - Switched to Tier 1 Entrepreneur(50k route).
I started and registered the business in 2014 while on Tier 1 Graduate Entreprenuer, during my initial application for Tier 1 Entreprenuer (50k route) I submitted management account with accountant letter as evidence that I have invested £14k in the business and still provided evidence of 50k in personal bank account.

I have invested the 50k in the business (2015-2017).

Please my question is :
Should I say Yes - Yes some of the funds were shown in the previous application. Go to K5

K5. How much money did u show had been invested in UK business as part of our last application? - 14K

or Should I say NO - No none of the funds were shown in the previous application. Go to K6

base on the policy guide page 10 which states:

In all cases you cannot score points for funds in any of the points tables from any of the following:
3. Money invested in your business more than 12 months (or 24 months if you were previously a Tier 1 (Graduate Entrepreneur) migrant before the date of application which led to you being granted your first grant of leave as a Tier 1 (Entrepreneur) migrant.


Thanks.

It depends on whether you submitted all the documents needed for investment evidence.
For example, if it was a Director Loan, then you should have also submitted a DL Agreement and Business Bank statements. Accounts itself is not sufficient.

[Deekee]

Thanks Marcnath.

[Deekee]

Hello,

Please I just received refusal letter from HO due job creation, the point awarded under job creation was 10 and the refusal letter states:

You have claimed points on the basis that you have created the equivalent to two full time paid jobs for people settled in the UK and these jobs have each existed for at least 12 months.

Paragraph 40(a)(e) of Appendix A of the immigration rules states as follows:

49.(a) A full time job is one involving at least 30 hours of paid work per week.
e Different jobs that have existed or less than 12 months cannot be combined together to make up a 12 month job. The only exception is where the successfully applicant applied as a Tier 1(Entrepreneur) Migrant before 6 April 2014.

Furthermore the evidence you have provided is not sufficient because the employees you have supplied are only part-time hours and all under different job titles, as stated in Paragraph 49(a)(e)

Please, I sent in all the payslips for 12 months for each of the 4 workers, June 2015 to May 2016, a table as well with the details and hours of each worker, am confused and I need help on how to go about it under administrative review.

Thank you.

[Deekee]

Hello All,

Please I just received refusal letter from HO due job creation, the point awarded under job creation was 10 and the refusal letter states:

You have claimed points on the basis that you have created the equivalent to two full time paid jobs for people settled in the UK and these jobs have each existed for at least 12 months.

Paragraph 40(a)(e) of Appendix A of the immigration rules states as follows:

49.(a) A full time job is one involving at least 30 hours of paid work per week.
e Different jobs that have existed or less than 12 months cannot be combined together to make up a 12 month job. The only exception is where the successfully applicant applied as a Tier 1(Entrepreneur) Migrant before 6 April 2014.

Furthermore the evidence you have provided is not sufficient because the employees you have supplied are only part-time hours and all under different job titles, as stated in Paragraph 49(a)(e)

Please, I sent in all the payslips for 12 months and FPS for each of the 4 workers, June 2015 to May 2016, a table as well with the details and hours of each worker, am confused and I need help on how to go about it under administrative review.

Thank you.

[marcnath]

Hello All,

Please I just received refusal letter from HO due job creation, the point awarded under job creation was 10 and the refusal letter states:

You have claimed points on the basis that you have created the equivalent to two full time paid jobs for people settled in the UK and these jobs have each existed for at least 12 months.

Paragraph 40(a)(e) of Appendix A of the immigration rules states as follows:

49.(a) A full time job is one involving at least 30 hours of paid work per week.
e Different jobs that have existed or less than 12 months cannot be combined together to make up a 12 month job. The only exception is where the successfully applicant applied as a Tier 1(Entrepreneur) Migrant before 6 April 2014.

Furthermore the evidence you have provided is not sufficient because the employees you have supplied are only part-time hours and all under different job titles, as stated in Paragraph 49(a)(e)

Please, I sent in all the payslips for 12 months and FPS for each of the 4 workers, June 2015 to May 2016, a table as well with the details and hours of each worker, am confused and I need help on how to go about it under administrative review.

Thank you.

This is insufficient information to understand what the issue is.

Please confirm the following:
1) Are your pre or post 6 April 2014 - the letter seems to indicate that you are post April
2) Are all of your workers part-time. How long have they each worked for and how many hours/week ?
3) When you filled in the Job Table, did you indicate that these are part-time jobs and indicate which ones were to be combined ?

[Deekee]

Hi Marcnath,

Thanks for the reply.

1. Yes am post 2014
2. The hours for each worker weekly varies but the combination for 2 workers is more than 120 hours in a month and they are part time workers but do have more than 15 hours most times. Kindly find below the breakdown:

Employee # 1:
Breakdown of Consecutive Hours of Paid Job per Month:
July 2015 = 75 Hours
August 2015 = 104 Hours
September 2015 = 76 Hours
October 2015 = 76 Hours
November 2015 = 72 Hours
December 2015 = 59 Hours
January 2016 = 80 Hours
February 2016 = 106 Hours
March 2016 = 78 Hours
April 2016 = 77 Hours
May 2016 = 73 Hours
June 2016 = 70 Hours

Employee # 2:
Breakdown of Consecutive Hours of Paid Job per Month:
July 2015 = 64 Hours
August 2015 = 118 Hours
September 2015 = 58.5 Hours
October 2015 = 74.5 Hours
November 2015 = 71 Hours
December 2015 = 71.5 Hours
January 2016 = 69 Hours
February 2016 = 102.50 Hours
March 2016 = 77 Hours
April 2016 = 77 Hours
May 2016 = 84 Hours
June 2016 = 73.5 Hours

Employee # 3:
Breakdown of Consecutive Hours of Paid Job per Month:
July 2015 = 53 Hours
August 2015 = 62.50 Hours
September 2015 = 59.5 Hours
October 2015 = 67 Hours
November 2015 = 64 Hours
December 2015 = 62 Hours
January 2016 = 57 Hours
February 2016 = 91 Hours
March 2016 = 71 Hours
April 2016 = 58 Hours
May 2016 = 69 Hours
June 2016 = 52 Hours

Employee # 4:
Breakdown of Consecutive Hours of Paid Job per Month:
July 2015 = 78 Hours
August 2015 = 78 Hours
September 2015 = 87 Hours
October 2015 = 80 Hours
November 2015 = 80 Hours
December 2015 = 80 Hours
January 2016 = 80 Hours
February 2016 = 80 Hours
March 2016 = 80 Hours
April 2016 = 80 Hours
May 2016 = 80 Hours
June 2016 = 80 Hours

3. Job Combination :

1. First job combination is Employee 1 and 2
2. Second job combination is Employee 3 and 4.

Thanks

[marcnath]

That seems to clearly indicate that you do meet the requirement.

Are you sure you filled in the Job Table correctly.

This should have been filled as Four Separate Jobs, each clearly indicating that they are each part-time and the Job table showing Job 1 is combined with Job 2, etc.

If you have done that, then this is clearly a CW mistake and it is easy to get it overturned.

You just have to say that the CW has not considered Clause 49 (b) of the immigration rules which allow for part-time jobs to be combined.

49. (b) “The equivalent of” a full time job means two or more part time jobs that add up to 30 hours per week, if each of the jobs exist for at least 12 months. However, one full time job of more than 30 hours of work per week will not count as more than one full time job.

Even if you filled in the Job Table incorrectly, you can still use the same argument and have a reasonable chance of getting the decision overturned.

[Deekee]

Hello Marcnath,

Thanks for the explanation.

They were filled in as four separate jobs with four separate job titles. Also the combinations were stated as the same above in the application forms ( I copied the above from the table I created and sent with my application).

Thanks once again for the helping out.

[zimba]

Did your payslips cover a full 52 weeks for each employee ?

[Deekee]

Hi Zimba88,

I submitted monthly payslip for each employee for the period from July 2015 - June 2016(12 payslips for each employees).

Thanks.

[Mr laptop]

Really sorry to hear about your visa decision
If you received your initial visa after 6 April 2014 then you can combine two part-time jobs under the same job title
Example 1
Employee X = Admin officer = Working 24h/week. This job lasted for 12 months
Employee Y= Admin officer = Working 10h/week
This job lasted for 12 months
You can combine these two part time jobs with same job title
Example 2
Employee A = Admin Officer= Working 24h/week. This job lasted for 12 months
Employee B = Cleaner = Working 10h/week. This job lasted for 12 months
You can't combine these two part time jobs under different job titles.
If you CREATED A JOB OF ADMIN OFFICER it must last for 12 months @30hours/week.
Wait for senior members to respond

[marcnath]

If you received your initial visa after 6 April 2014 then you can combine two part-time jobs under the same job title

Combining two OR MORE part time jobs has nothing to do with Visa date.

Where in the immigration rules or guidance does it mention that it should be the same job title ?

Example 2
Employee A = Admin Officer= Working 24h/week. This job lasted for 12 months
Employee B = Cleaner = Working 10h/week. This job lasted for 12 months
You can't combine these two part time jobs under different job titles.

What is the basis for this conclusion that it can't be combined ?

Much as it is great that you want to help, please be careful when opining on things that are not based on fact - it just adds on the stress the OP is already going through.

[Deekee]

Thanks to the gurus on this platform, I received a letter from HO today for a successful admin review, all document & passport returned.