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Weekly basis instead of 120 hours monthly basis

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

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jafersadeq
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Weekly basis instead of 120 hours monthly basis

Post by jafersadeq » Fri Apr 27, 2018 5:16 pm

Dear Gurus,

HO amended the guidance and they consider full-time to be 30 hours per week. They amended the 120 hours/month.
That means they consider weekly basis and not monthly basis.

Now, if we calculate the 12 months depending on their rule:
12 months = 52 weeks , then 52X30=1560 hour/year
then 1560 / 12 = 130 hours/month

There is an issue, if we have an employee works 10 hours a day (50 hours a week) and he works 130 hours a month, so his total hours are: 130X12= 1560 h/year , but he did not work 52 weeks, that means his total weeks are: 31.5 week.
That employee receives monthly payment for 130X£8 =£1040/month shown on his payslip.

How does HO know that employee work less than 52 weeks a year? If they see the payslips, they see 130 hours, rate £8 , total payment £1040.

Thanks

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zimba
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Re: Weekly basis instead of 120 hours monthly basis

Post by zimba » Fri Apr 27, 2018 5:40 pm

There is an issue, if we have an employee works 10 hours a day (50 hours a week) and he works 130 hours a month, so his total hours are: 130X12= 1560 h/year , but he did not work 52 weeks, that means his total weeks are: 31.5 week.
If you work consistently 10 hours a day (50 hour week) , how do you work 130 hours a month ??! That will be well over 200 hours a month. Also HO ignores hours worked over 30 in a week anyway

How does HO know that employee work less than 52 weeks a year? If they see the payslips, they see 130 hours, rate £8 , total payment £1040.
Because they can clearly see a period of employment you are claiming points for, covered by payslips. You need payslips for 12 months. Again, the hours worked in total are not relevant and certainly that is not used to calculate the period worked. You claim a period and provide evidence for it not the other way around
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

jafersadeq
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Re: Weekly basis instead of 120 hours monthly basis

Post by jafersadeq » Fri Apr 27, 2018 5:58 pm

Dear zimba88,

Yes he can work 130 hours a month with 50 hours a week, not all days in that month, let us say 31.5 weeks a month divide to 12 = 2.6 weeks a month, then 2.6 X50 =130 hours a month.

What I said was about working 31.5 a year not 52 weeks.

jafersadeq
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Re: Weekly basis instead of 120 hours monthly basis

Post by jafersadeq » Fri Apr 27, 2018 5:59 pm

I mean 31.5 weeks a year, sorry

jafersadeq
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Re: Weekly basis instead of 120 hours monthly basis

Post by jafersadeq » Fri Apr 27, 2018 6:19 pm

More clarification, the employee works 13 days a month, 13X10= 130 hours a month

ahsanalishah
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Re: Weekly basis instead of 120 hours monthly basis

Post by ahsanalishah » Fri Apr 27, 2018 6:38 pm

why you people just make it simple 130 hours a month.? you issue payslip monthly basis not weekly basis. just make it simple calculation instead of going for 52 weeks etc. tell your accountant to put 130 hours with pay rate per hours on your pay slips.

jafersadeq
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Re: Weekly basis instead of 120 hours monthly basis

Post by jafersadeq » Fri Apr 27, 2018 6:49 pm

ahsanalishah wrote:
Fri Apr 27, 2018 6:38 pm
why you people just make it simple 130 hours a month.? you issue payslip monthly basis not weekly basis. just make it simple calculation instead of going for 52 weeks etc. tell your accountant to put 130 hours with pay rate per hours on your pay slips.
Yes, I said that.
Two employees:
Employee 1: works 30 hours a week , 52 weeks a year, rate £8, 130 hours a month, salary £1040.
Employee 2: works 13 days a month, 10 hours a day, 31.5 weeks a year, rate £8, 130 hours a month, salary £1040.

The monthly payslip of employee 1 is same monthly payslip of employee2.

How does HO know that employee 1 is not same employee 2 if they consider 30 hours a week.

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marcnath
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Re: Weekly basis instead of 120 hours monthly basis

Post by marcnath » Fri Apr 27, 2018 9:31 pm

jafersadeq wrote:
Fri Apr 27, 2018 6:49 pm
ahsanalishah wrote:
Fri Apr 27, 2018 6:38 pm
why you people just make it simple 130 hours a month.? you issue payslip monthly basis not weekly basis. just make it simple calculation instead of going for 52 weeks etc. tell your accountant to put 130 hours with pay rate per hours on your pay slips.
Yes, I said that.
Two employees:
Employee 1: works 30 hours a week , 52 weeks a year, rate £8, 130 hours a month, salary £1040.
Employee 2: works 13 days a month, 10 hours a day, 31.5 weeks a year, rate £8, 130 hours a month, salary £1040.

The monthly payslip of employee 1 is same monthly payslip of employee2.

How does HO know that employee 1 is not same employee 2 if they consider 30 hours a week.
HO looks at the payslips and FPS, the hourly rate you put in the Job table and divides one by the other to determine the hours worked.
So, yes, for Employee 2, if you have 12 payslips of the same 1040 salary every month at £8 per hour, then it will be seen as 1 FT job.
Unless they ask you for additional information such as time sheets, etc. At that point, they have the right to deduct the weeks for which the employee was not paid. That is the risk you take.
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.

natsha
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Re: Weekly basis instead of 120 hours monthly basis

Post by natsha » Sat Apr 28, 2018 2:58 am

HI,

I strongly recommend Don't think about 120 hours is full times job lot of peoples got refused because of this confusion 120 hours. You know your calculation is weekly paid but Case work get confused they consider part Time.

Best way to get point on full time IF your payslip below like this.( Easy to case work)

Basic Hours=130
Overtime=2 ( Whatever, CW Gonna Ignore after 130)
Hours Rate=7.50
Gross Pay= 975

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zimba
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Re: Weekly basis instead of 120 hours monthly basis

Post by zimba » Mon Apr 30, 2018 12:34 am

jafersadeq wrote:
Fri Apr 27, 2018 6:49 pm
Two employees:
Employee 1: works 30 hours a week , 52 weeks a year, rate £8, 130 hours a month, salary £1040.
Employee 2: works 13 days a month, 10 hours a day, 31.5 weeks a year, rate £8, 130 hours a month, salary £1040.

The monthly payslip of employee 1 is same monthly payslip of employee2.

How does HO know that employee 1 is not same employee 2 if they consider 30 hours a week.
For employee 2 it will not work unless you have 12 months worth of payslips. Then you can technically pretend that both employee 1 nad 2 worked in the same pattern
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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