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Employees to run Parallel

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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infinitesmile
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Employees to run Parallel

Post by infinitesmile » Sun Nov 26, 2017 3:20 pm

Hi All,

My Query is regarding the Two Full Time Positions. I am on a Post April Route, My questions is that the Employees needed to be hired Parallel with each other or their employment can vary. For example If one Full time employee starts in Dec and the other Full time starts in April. so when the First employee will complete his 12 months it will 4 months left for the employee who started in April to make it up to 12 months.
I asked this question as one of my friend told me that to claim the points for employment both employees should run parallel for 12 months. But I disagree to him that we only have to create 2 Full time Positions regardless of when they started or finished.

Please can you clarify.

Thanks

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marcnath
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Re: Employees to run Parallel

Post by marcnath » Sun Nov 26, 2017 3:35 pm

infinitesmile wrote:
Sun Nov 26, 2017 3:20 pm
Hi All,

My Query is regarding the Two Full Time Positions. I am on a Post April Route, My questions is that the Employees needed to be hired Parallel with each other or their employment can vary. For example If one Full time employee starts in Dec and the other Full time starts in April. so when the First employee will complete his 12 months it will 4 months left for the employee who started in April to make it up to 12 months.
I asked this question as one of my friend told me that to claim the points for employment both employees should run parallel for 12 months. But I disagree to him that we only have to create 2 Full time Positions regardless of when they started or finished.

Please can you clarify.

Thanks
Your friend is wrong, you are right.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

cutegirl21
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India

Re: Employees to run Parallel

Post by cutegirl21 » Sun Nov 26, 2017 4:55 pm

infinitesmile wrote:
Sun Nov 26, 2017 3:20 pm
Hi All,

My Query is regarding the Two Full Time Positions. I am on a Post April Route, My questions is that the Employees needed to be hired Parallel with each other or their employment can vary. For example If one Full time employee starts in Dec and the other Full time starts in April. so when the First employee will complete his 12 months it will 4 months left for the employee who started in April to make it up to 12 months.
I asked this question as one of my friend told me that to claim the points for employment both employees should run parallel for 12 months. But I disagree to him that we only have to create 2 Full time Positions regardless of when they started or finished.

Please can you clarify.

Thanks

Hi I believe your friend is right as home office clearly states you have to create 2FULL time jobs for the period of 12 months. It means if you Jan-April that you have not fulfill the requirement for 4 months as during that time you have created only 1 Full time if you were on pre april rule that would be fine but for post april its mandatory that you have to create 2 FULL times job for period of 12 months. I hope I am clear GURUS/ZImba will probably agree on this point as one of my cousin visa got refuse on a same reason you mentioned its a grey area mate for the safe side maintain 2FULL time jobs for 12 months as your are post april rule.

Regards

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marcnath
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Re: Employees to run Parallel

Post by marcnath » Sun Nov 26, 2017 5:49 pm

cutegirl21 wrote:
Sun Nov 26, 2017 4:55 pm

Hi I believe your friend is right as home office clearly states you have to create 2FULL time jobs for the period of 12 months. It means if you Jan-April that you have not fulfill the requirement for 4 months as during that time you have created only 1 Full time if you were on pre april rule that would be fine but for post april its mandatory that you have to create 2 FULL times job for period of 12 months. I hope I am clear GURUS/ZImba will probably agree on this point as one of my cousin visa got refuse on a same reason you mentioned its a grey area mate for the safe side maintain 2FULL time jobs for 12 months as your are post april rule.

Regards
I am sorry, @cutegirl, but you are incorrect. If you have details of the reason for refusal (actual refusal letter and the employment details) of your cousin, please share those.

Nowhere in the guidance or the immigration rules is it stated - 2FULL time jobs for the period of 12 months.

The actual requirement (from the guidelines) is "created the equivalent of 2 extra full-time paid jobs for at least 2 people who are settled in the UK and those jobs must have existed for at least 12 months each."

It is very clear that it is only about EACH job existing for 12 months, not both together.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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zimba
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Re: Employees to run Parallel

Post by zimba » Sun Nov 26, 2017 10:55 pm

The position needs to exist for 12 months and need not be occupied continuously. Focus on the position, not each employee.
The position do not have to exist in parallel or co-exist either
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

PeterLove2008
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Posts: 72
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Re: Employees to run Parallel

Post by PeterLove2008 » Mon Nov 27, 2017 12:50 pm

cutegirl21 wrote:
Sun Nov 26, 2017 4:55 pm
infinitesmile wrote:
Sun Nov 26, 2017 3:20 pm
Hi All,

My Query is regarding the Two Full Time Positions. I am on a Post April Route, My questions is that the Employees needed to be hired Parallel with each other or their employment can vary. For example If one Full time employee starts in Dec and the other Full time starts in April. so when the First employee will complete his 12 months it will 4 months left for the employee who started in April to make it up to 12 months.
I asked this question as one of my friend told me that to claim the points for employment both employees should run parallel for 12 months. But I disagree to him that we only have to create 2 Full time Positions regardless of when they started or finished.

Please can you clarify.

Thanks

Hi I believe your friend is right as home office clearly states you have to create 2FULL time jobs for the period of 12 months. It means if you Jan-April that you have not fulfill the requirement for 4 months as during that time you have created only 1 Full time if you were on pre april rule that would be fine but for post april its mandatory that you have to create 2 FULL times job for period of 12 months. I hope I am clear GURUS/ZImba will probably agree on this point as one of my cousin visa got refuse on a same reason you mentioned its a grey area mate for the safe side maintain 2FULL time jobs for 12 months as your are post april rule.

Regards
Don't think @cutegirl is corret. the OP himself is correct.
Post April 2014: to fulfill 2 full time jobs requirement, those 2 jobs can be:
Job 1: Dec to Dec (or Jan to Jan) - at least 12 months.
Job 2: Apr to Apr (or Jun to Jun) - at least 12 months.
there is NO clause to say that the 2 jobs must start from the same month.

Shaaz2029
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Re: Employees to run Parallel

Post by Shaaz2029 » Mon Nov 27, 2017 7:28 pm

Let me make it simple so senior members and gurus put some light on it .
Post April rules
Both employees with same job title started work at the same time and worked for 6 months full time without any gap then resigned.

Can it be counted as one full time job creation (post April )

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marcnath
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Re: Employees to run Parallel

Post by marcnath » Mon Nov 27, 2017 7:56 pm

Shaaz2029 wrote:
Mon Nov 27, 2017 7:28 pm
Let me make it simple so senior members and gurus put some light on it .
Post April rules
Both employees with same job title started work at the same time and worked for 6 months full time without any gap then resigned.

Can it be counted as one full time job creation (post April )
Simple answer - No.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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zimba
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Re: Employees to run Parallel

Post by zimba » Mon Nov 27, 2017 8:10 pm

Shaaz2029 wrote:
Mon Nov 27, 2017 7:28 pm
Let me make it simple so senior members and gurus put some light on it .
Post April rules
Both employees with same job title started work at the same time and worked for 6 months full time without any gap then resigned.

Can it be counted as one full time job creation (post April )
No.
We can assume that the two employees hired led to creation of two SEPARATE positions, each existing only for 6 months.
We can also assume they worked in the SAME position making the position existing for 6 months only.
In both cases, a full time POSITION was NOT created under post April 2014 rules.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

PeterLove2008
Junior Member
Posts: 72
Joined: Sun Apr 23, 2017 12:54 pm

Re: Employees to run Parallel

Post by PeterLove2008 » Mon Nov 27, 2017 8:22 pm

zimba88 wrote:
Mon Nov 27, 2017 8:10 pm
Shaaz2029 wrote:
Mon Nov 27, 2017 7:28 pm
Let me make it simple so senior members and gurus put some light on it .
Post April rules
Both employees with same job title started work at the same time and worked for 6 months full time without any gap then resigned.

Can it be counted as one full time job creation (post April )
No.
We can assume that the two employees hired created two SEPARATE position, each existing only for 6 months.
We can also assume they worked in the SAME position making the position existing for 6 months only.
In both cases, a full time POSITION was NOT created under post April 2014 rules.
Nice explanation! This is why POST April 2014 rules are more strict, and people intend to use DIFFERENT job titles if there are 2 employees, so as to create 2 POSITIONS, and make these 2 POSITIONS to last at least 12 months to quality job creation.

Shaaz2029
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Posts: 141
Joined: Fri Aug 04, 2017 10:28 am

Re: Employees to run Parallel

Post by Shaaz2029 » Mon Nov 27, 2017 11:01 pm

Many Thanks senior members . Bless.

infinitesmile
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Re: Employees to run Parallel

Post by infinitesmile » Sun Mar 18, 2018 10:25 pm

So Dec to Nov and April to Mar will be exactly 12 months for both employees which will be enough for 2 Full Time jobs ????

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marcnath
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Re: Employees to run Parallel

Post by marcnath » Mon Mar 19, 2018 12:05 am

infinitesmile wrote:
Sun Mar 18, 2018 10:25 pm
So Dec to Nov and April to Mar will be exactly 12 months for both employees which will be enough for 2 Full Time jobs ????
Yes
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

seasky
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Re: Employees to run Parallel

Post by seasky » Mon Mar 19, 2018 10:55 am

infinitesmile wrote:
Sun Mar 18, 2018 10:25 pm
So Dec to Nov and April to Mar will be exactly 12 months for both employees which will be enough for 2 Full Time jobs ????
There is nothing in the immigration rules that disallows you from having job/employees for more than the absolute minimum.

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