ILR

[Yasir1]

Hi there,
I need some help from you guys if you can please advise me something,

I am here in UK since december 2009, in march 2014 when my wife psw goint to expire 13 march 2014 we applied tier 1 enterpeneour application 6 march2014 and i was dependent on her psw. But unfortunately that was refused than we made appeal but it was refused as well may 2015 than we went uppertribunal but its refused aswell 20 aug 2015. Than we made new tier 1 application and applied with in 28 days 10 sep 2015. Than finally my wife got tier 1 enterpeneur visa june 2016 and obviously i got tier 1 dependent visa.
My question is my 10 year continuety is break or not because we applied new application tier 1 enterpeneur some solicitors says yes its break some says not,
And some says yes 3c is break but as u was still in UK and you applied within 28 days so its not break.
As a working rights wise yes you cant dont had RTW on that time but as a 10 year continuety wise is still save and you not break 10 year continuety.

Can some one help me i am still fall december 2019, ten year category or not ???

[Momi]

No it won't break.
You can apply on 10 years long residency in Dec 2019.
Why you listening to solicitors they don't know anything except picking you pocket.
Stay safe mate.

[natsha]

I think you are a break because of the new application. 3C valid until appeal or AR.

But not sure wait for zimba

[Momi]

I think you are a break because of the new application. 3C valid until appeal or AR.

But not sure wait for zimba

Why giving wrong information when you Have never read the law.
3c would have breaked when op respond exceeded more than 28 days.
He is safe.
No information is a lot better than a wrong information.

[marcnath]

I think you are a break because of the new application. 3C valid until appeal or AR.

But not sure wait for zimba

Why giving wrong information when you Have never read the law.
3c would have breaked when op respond exceeded more than 28 days.
He is safe.
No information is a lot better than a wrong information.

Interesting criticism when you respond with an error yourself.

OP's 3C was broken back in May 2015 and was an overstayer until June 2016, So the statement - 3c would have breaked when op respond exceeded more than 28 days. - is incorrrect.

But, yes, you are right in that OP is safe, but that is not under Section 3C but under Section 276B(v)(a), which allows the overstay period to be ignored.

[Yasir1]

Thankyou Marcnath;
I have one more question if some one can advise me on this one aswell please;
As i mentioned before i applied tier 1 enterpeneur new application on 10 sept 2015 and got visa 6 june 2016.
I want to ask that can i show two part time employees for 12 months with the same job role and claim one full time job (employee) on my extension??
One employee is 108 hours monthly since june 2017,
And one employe i had 64 hours monthly since from august 2016.
So the question is if my both employee continue work with me untill june 2018 with this same hours i can fullfill the rule for 12 month full time one job role. Please advise me??

And second question is how many hours for full time employee on monthly bases should be. I mean full time hours monthly we need to show for one employee is 130 hours monthly or 150 hours monthly???

Thanks

[Yasir1]

Thankyou
Can please someone reply me urgent assitance needed.
I have one more question if some one can advise me on this one aswell please;
As i mentioned before i applied tier 1 enterpeneur new application on 10 sept 2015 and got visa 6 june 2016.
I want to ask that can i show two part time employees for 12 months with the same job role and claim one full time job (employee) on my extension??
One employee is 108 hours monthly since june 2017,
And one employe i had 64 hours monthly since from august 2016.
So the question is if my both employee continue work with me untill june 2018 with this same hours i can fullfill the rule for 12 month full time one job role. Please advise me??

And second question is how many hours for full time employee on monthly bases should be. I mean full time hours monthly we need to show for one employee is 130 hours monthly or 150 hours monthly???

Thanks

[Yasir1]

I think you are a break because of the new application. 3C valid until appeal or AR.

But not sure wait for zimba

Why giving wrong information when you Have never read the law.
3c would have breaked when op respond exceeded more than 28 days.
He is safe.
No information is a lot better than a wrong information.

Interesting criticism when you respond with an error yourself.

OP's 3C was broken back in May 2015 and was an overstayer until June 2016, So the statement - 3c would have breaked when op respond exceeded more than 28 days. - is incorrrect.

But, yes, you are right in that OP is safe, but that is not under Section 3C but under Section 276B(v)(a), which allows the overstay period to be ignored.

Thankyou Marcnath;
I have one more question if some one can advise me on this one aswell please;
As i mentioned before i applied tier 1 enterpeneur new application on 10 sept 2015 and got visa 6 june 2016.
I want to ask that can i show two part time employees for 12 months with the same job role and claim one full time job (employee) on my extension??
One employee is 108 hours monthly since june 2017,
And one employe i had 64 hours monthly since from august 2016.
So the question is if my both employee continue work with me untill june 2018 with this same hours i can fullfill the rule for 12 month full time one job role. Please advise me??

And second question is how many hours for full time employee on monthly bases should be. I mean full time hours monthly we need to show for one employee is 130 hours monthly or 150 hours monthly???

Thanks

[marcnath]

Thankyou
Can please someone reply me urgent assitance needed.
I have one more question if some one can advise me on this one aswell please;
As i mentioned before i applied tier 1 enterpeneur new application on 10 sept 2015 and got visa 6 june 2016.
I want to ask that can i show two part time employees for 12 months with the same job role and claim one full time job (employee) on my extension??
One employee is 108 hours monthly since june 2017,
And one employe i had 64 hours monthly since from august 2016.
So the question is if my both employee continue work with me untill june 2018 with this same hours i can fullfill the rule for 12 month full time one job role. Please advise me??

And second question is how many hours for full time employee on monthly bases should be. I mean full time hours monthly we need to show for one employee is 130 hours monthly or 150 hours monthly???

Thanks

Not sure why you posted the same question thrice.

Yes, the two part time jobs will make up on full time job since they have both lasted for 12 months each. Whether it is the same job role or not does not matter for combining PT jobs.
Full time is 130 hours/month, not 150 hrs/month

[Yasir1]

Hi Mccnath,
Sorry to bother u again,
As i mentioned i have one employee 64 hours a month and other one 108 hours a month my payroll is monthly not weekly.
So my question is i know part timer minimum hour requirement is 16 hour a week. But my payroll is monthly so i m showing her 64 hours/monthly
Is that be still ok because weekly payment means 13 salary a year and monthly payment is 12 salary a year. Its not effect me any thing.
Because i heard its require minimum part timer criteria is 16 per week
But i am paying her monthly 64 hours total a month every month ending date
But other hand other part timier i am paying 108hours / monthly
Can u pls reply me is fullfill one full time job
Its urgent if you can answer me Asap
Thankyou

[marcnath]

Hi Mccnath,
Sorry to bother u again,
As i mentioned i have one employee 64 hours a month and other one 108 hours a month my payroll is monthly not weekly.
So my question is i know part timer minimum hour requirement is 16 hour a week. But my payroll is monthly so i m showing her 64 hours/monthly
Is that be still ok because weekly payment means 13 salary a year and monthly payment is 12 salary a year. Its not effect me any thing.
Because i heard its require minimum part timer criteria is 16 per week
But i am paying her monthly 64 hours total a month every month ending date
But other hand other part timier i am paying 108hours / monthly
Can u pls reply me is fullfill one full time job
Its urgent if you can answer me Asap
Thankyou

Can you confirm the source for the highlighted parts ? I am not aware of any such minimum.
From my viewpoint, if both the part time employees have been employed for 12 months, they will make up 1 FT equivalent

[Yasir1]

Hi,

I dont have much source but one of accountant told me and some friends but i am not clear as well thats why i am asking??
My one employee is 64 hrs/ month ( if u divide by 52 weeks its 14.7 hours a week its taken)
And other one 108 hrs/ month ( 24.5 per week)
Can i combine both and fullfill one job or not??

One accountant says 64 hrs month mean 14.7 a week you cant combine this employee with other because its less than a 15 hrs /week its waste because you should show at least 15hrs per week .
He says home office says who ever got tier 1 enterpeneour visa after april 2014.( i got june 2016) they should show minimum 15 hrs a week for part timier and less than 30 hrs / week than home office consider as a part timier. Who ever less than 15 hrs week its not gonna be consider part timier

Please help me let let me know its urgent can i combine those 2 employee for 12 month and fullfill one employee requirement or not?

Please quick its really urgent marcnath

[marcnath]

Hi,

I dont have much source but one of accountant told me and some friends but i am not clear as well thats why i am asking??
My one employee is 64 hrs/ month ( if u divide by 52 weeks its 14.7 hours a week its taken)
And other one 108 hrs/ month ( 24.5 per week)
Can i combine both and fullfill one job or not??

One accountant says 64 hrs month mean 14.7 a week you cant combine this employee with other because its less than a 15 hrs /week its waste because you should show at least 15hrs per week .
He says home office says who ever got tier 1 enterpeneour visa after april 2014.( i got june 2016) they should show minimum 15 hrs a week for part timier and less than 30 hrs / week than home office consider as a part timier. Who ever less than 15 hrs week its not gonna be consider part timier

Please help me let let me know its urgent can i combine those 2 employee for 12 month and fullfill one employee requirement or not?

Please quick its really urgent marcnath

I can only tell you that the immigration rules DOES NOT specify any minimum for part time jobs.
Ask your accountant for the immigration rule that specifies it. If he/she is just making up those conditions, you should find a new accountant.

[Yasir1]

So you think i am fine i can combine both these and fullfilling one job.
Or i need hire one more employee
Because this is my last year going on thats way i am asking again.
Those two employees already work for me last 12 month if i am ok than answer me please i dont need to hire more employee

[Yasir1]

So you think total hours is matter even two or three employee part time for 10,10,10 hours still is fine.
Please clear me properly if two which i have 14.5hrs/week other 24.5 hours a week if its over 30 hrs thats matter.
Please clear me properly thankyou

[marcnath]

So you think total hours is matter even two or three employee part time for 10,10,10 hours still is fine.

The immigration rules clearly specify that you can combine TWO OR MORE part-time jobs.
That OR MORE would make no sense if each job needs to be a minimum of 15 hours

Please clear me properly if two which i have 14.5hrs/week other 24.5 hours a week if its over 30 hrs thats matter.
Please clear me properly thankyou

Correct.

[Yasir1]

Last time Marcnath please

Is my combination of 14.5 hours per week ( i have doubt on this one )and 24.5 hours per week is acceptable.
as per rule that minimum part time should be 15 hours per week. So this is not any rule for minimum 15hrs

[Yasir1]

So Marcnath you mean to say my combination of 14.5 hours per week ( i have doubt on this one )and 24.5 hours per week is acceptable as per rule.
And i m fine to combine both part time to make one full time job
Sorry thats last time answer me please as soon as u can please

[marcnath]

So Marcnath you mean to say my combination of 14.5 hours per week ( i have doubt on this one )and 24.5 hours per week is acceptable as per rule.
And i m fine to combine both part time to make one full time job
Sorry thats last time answer me please as soon as u can please

Correct, it is my opinion that you can combine two jobs - one 14.5 hrs/wk and the other 24.5 hrs/week to make 1 FT equivalent.

[CMOSUK]

Hi,

I dont have much source but one of accountant told me and some friends but i am not clear as well thats why i am asking??
My one employee is 64 hrs/ month ( if u divide by 52 weeks its 14.7 hours a week its taken)
And other one 108 hrs/ month ( 24.5 per week)
Can i combine both and fullfill one job or not??

One accountant says 64 hrs month mean 14.7 a week you cant combine this employee with other because its less than a 15 hrs /week its waste because you should show at least 15hrs per week .
He says home office says who ever got tier 1 enterpeneour visa after april 2014.( i got june 2016) they should show minimum 15 hrs a week for part timier and less than 30 hrs / week than home office consider as a part timier. Who ever less than 15 hrs week its not gonna be consider part timier

Please help me let let me know its urgent can i combine those 2 employee for 12 month and fullfill one employee requirement or not?

Please quick its really urgent marcnath

I can only tell you that the immigration rules DOES NOT specify any minimum for part time jobs.
Ask your accountant for the immigration rule that specifies it. If he/she is just making up those conditions, you should find a new accountant.

Just to backup marcnath on the above highlighted and for further clarification. If you read on this government website in regards to part time workers it states.

Click here

A part-time worker is someone who works fewer hours than a full-time worker. There is no specific number of hours that makes someone full or part-time, but a full-time worker will usually work 35 hours or more a week.

There is no defined number for full or part time. This isn't even for immigration, yet how can the accountant view it differently?!?