Ameten wrote: ↑Sun Mar 04, 2018 11:34 am
Hello Gurus
I am due to submit my ILR application at the end of this month, and I am not very convinced the employment hours for the two staff are up to the required hours.
My solicitor said the hours meets the requirement but I feel I should double check with the house before applying. My Visa is still valid till October this year, I still have time for my employees to make more hours if the hours below doesn't meet the requirement.
April - 120
May - 120
June -120
July - 120
Aug - 142.5
Sep - 127.5
Oct - 135
Nov - 135
dec - 112.5
Jan - 135
Feb - 130
March 135
Both employees did the same hours as shown above.
Thanks for your anticipated response
What I understand from your post you've got two employees doing the same hours at the same time as you mentioned above. For example - when you say you had 120 hours in April, you mean 120 hours for each employee, which makes it 240 hours for April in total, right? Going with this assumption and also assuming that transitional arrangements apply to you, here is the clarification:
April - 120 x 2 employees - this will count as one full time employment for 1 month
May - 120 x 2 employees - this will count as one full time employment for 1 month
June -120 x 2 employees - this will count as one full time employment for 1 month
July - 120 x 2 employees - this will count as one full time employment for 1 month
Aug - 142.5 x 2 employees - this will count as two full time employments for 1 month
Sep - 127.5 x 2 employees - this will count as one full time employment for 1 month
Oct - 135 x 2 employees - this will count as two full time employments for 1 month
Nov - 135 x 2 employees - this will count as two full time employments for 1 month
dec - 112.5 x 2 employees - this will count as one full time employment for 1 month
Jan - 135 x 2 employees - this will count as two full time employments for 1 month
Feb - 130 x 2 employees - this will count as two full time employments for 1 month
March 135 x 2 employees - this will count as two full time employments for 1 month
This combination will give you equivalent of 18 months of full time employment in total. You need 24 months of employment. So, you will be short of 6 months full time employment or equivalent.
Now there are a number of factors to consider.
1) this combination and calculation only works for you if transitional arrangements apply to you.
2) the month when you had 130 hours for each employee, I am counting that as two full time employments on the assumption that HO will consider 52 weeks in a year and NOT 52.143 weeks in a year. If they do the calculations with 52.143 weeks, this will count as only one month of full time employment.
3) if any of your documents have a WEEKLY account of your employees' hours, those hours will need to be same every week. The requirement is to have a minimum of 30 hours per week. For example - if the combined hours of both your employees is 25 hours in week 1 of the month and 35 hours in week 2 of the month, this won't be accepted. But remember this will only matter if any of your documents have a weekly breakdown and if your hours are uneven.
The basis of my calculations:
There are 52 weeks in a year and HO's requirement is to have 30 hours per week per job for 12 months or equivalent, which means you need a total of 30 hours × 52 weeks x 2 jobs = 3120 hours in total. Now in any given month, you would need a minimum of 130 hours (30 hours x 52 weeks / 12 months) for it to be counted as one month's full time employment.
But your hours are monthly. So for example, in the month when you have 120 hours per employee i.e. you have 240 hours, the calculation would be 240 hours x 12 months / 52 weeks which is equal to 55.38 hours per week...now in this case, this will be counted as one full time employment for one month. All the hours additional to your 30 hours will be ignored.
I hope I'm making sense
