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Yes and No.tier11417 wrote: ↑Sun Apr 29, 2018 3:15 pm@marcnath
I am sorry if I am asking a similar question again but just want to double check please can you confirm:
I got extension approved April 2018
My ILR is due Dec 2018
If I apply extension on 3rd Jan 2019
Initial visa granted Jan 2014
Employee A FT: 1st Jan 2018 - 31st Dec 2018 (existing) (12 months)
Employee B FT: 1st May 2018 - 31st Dec 2018 (8 months)
Employee C FT: 1st Sep 2018 - 31st Dec 2018 (4 months)
Employee D FT: 1st Sep 2018 - 31st Dec 2018 ( 4 months)
Question: If my business expands/allows and I can create the above mentioned jobs, do i qualify for the 24 months job creation for ILR. Can i combine employee B,C,D for 1FT in the above order. Please confirm.
Many thanks
Correct
Thank you
First, congratulations !tier11417 wrote: ↑Mon Apr 30, 2018 2:48 am@marcnath @zimba88
I remember I posted the following in some other post few months back but then I could not say with proof. Now my visa extension is approved I will try to explain again:
I calculated the hours in the following way:
Although my employee’s salary slips were made monthly, my accountant told me there are atleast 4 months in a year where you take 5 paychecks. So following that principle 8 months had 120 hours a month (30 hours a week) and 4 months had 150 hours a month (30 hours a week BUT Multiply by 5 paychecks instead of 4). In total 1560 hours a year.
Question: My visa extension is approved following the above procedure. However I read in multiple posts that HO does not consider more than 30 hours a week or 120 hours a month. But I had 150 hours in 4 months.
Was I lucky or it is one of the right ways also? I just do not want to do the same for my ILR if that was the wrong approach.
Please advise.
Thank you for your reply and wish.marcnath wrote: ↑Mon Apr 30, 2018 6:41 amFirst, congratulations !tier11417 wrote: ↑Mon Apr 30, 2018 2:48 am@marcnath @zimba88
I remember I posted the following in some other post few months back but then I could not say with proof. Now my visa extension is approved I will try to explain again:
I calculated the hours in the following way:
Although my employee’s salary slips were made monthly, my accountant told me there are atleast 4 months in a year where you take 5 paychecks. So following that principle 8 months had 120 hours a month (30 hours a week) and 4 months had 150 hours a month (30 hours a week BUT Multiply by 5 paychecks instead of 4). In total 1560 hours a year.
Question: My visa extension is approved following the above procedure. However I read in multiple posts that HO does not consider more than 30 hours a week or 120 hours a month. But I had 150 hours in 4 months.
Was I lucky or it is one of the right ways also? I just do not want to do the same for my ILR if that was the wrong approach.
Please advise.
I don't understand the highlighted part. Are you saying that you pay your employees weekly ? How is paycheck different from payslips.
Anyway, I don't think that had anything to do with your approval. It is much more likely that after an AR overturned a refusal based on the argument that 120 hours were stated in the guidelines, they decided to allow that for applications made before they updated the guidelines this month.
Now that they have removed any reference to 120 hours/month from the guidelines, you can't depend on that.
But if you can show somehow that in a month with 30 days, you are only paying for 4 weeks and in months with 31 days, you are paying for 35 days, (or example by showing the actual dates paid for in the payslip) then yes you will be able to justify this 120 hrs and 150 hrs. This is because there are no monthly hours specified anywhere, just weekly hours of 30 hrs/week.
I still don't understand this, but I am not expert on payroll. So, did you have different pay amounts on the different payslips ?tier11417 wrote: ↑Mon Apr 30, 2018 10:16 am
No I do not pay my employees weekly. They were paid monthly. However, when the payslips were generated 8 months had 120 hours and 4 months had 150 hours.
I was told that this is how the payslips are generated for someone who works FT as there are 4 months in a year when you have 5 payckecks rather 4. (or paid for 5 weeks instead - months having 5 Fridays)
Not applicable to you as your employees are not getting paid weekly.
As I have tried to explain earlier, the total hours is immaterial.tier11417 wrote: ↑Mon Apr 30, 2018 10:16 am
So in 2018, in march, june, august, november ( months having 5 fridays) will have 150 hours and al others have 120 hours which makes 1560/ year. (same procedure i followed for 2016 when i applied)
RATHER than following 130 hours every month that is 1560/ year also.
marcnath wrote: ↑Mon Apr 30, 2018 12:12 pmI still don't understand this, but I am not expert on payroll. So, did you have different pay amounts on the different payslips ?tier11417 wrote: ↑Mon Apr 30, 2018 10:16 am
No I do not pay my employees weekly. They were paid monthly. However, when the payslips were generated 8 months had 120 hours and 4 months had 150 hours.
I was told that this is how the payslips are generated for someone who works FT as there are 4 months in a year when you have 5 payckecks rather 4. (or paid for 5 weeks instead - months having 5 Fridays)
Yes different amounts for payslips where it indicated 150 hours (for 4 month)
Not applicable to you as your employees are not getting paid weekly.
As I have tried to explain earlier, the total hours is immaterial.tier11417 wrote: ↑Mon Apr 30, 2018 10:16 am
So in 2018, in march, june, august, november ( months having 5 fridays) will have 150 hours and al others have 120 hours which makes 1560/ year. (same procedure i followed for 2016 when i applied)
RATHER than following 130 hours every month that is 1560/ year also.
The CW divides monthly pay by the hourly rate in your job table to get the hours per pay period. If that works out to be greater or equal to 30 hrs/week, then it is ok. Otherwise it will not be. That is the ONLY safe approach. If you want to risk it otherwise, entirely up to you. You may be lucky.
Thank you for your reply.kaps84 wrote: ↑Mon Apr 30, 2018 12:01 pmIf you pay an employee, monthly, say £1200 / month (irrespective on the month and year), based on £14400 salary a year for 30 hours per week employment contract.
and you tell HO (in job table) the hourly rate (say a minimum 7.83 - National Living Wage) and share the payslips and RTI.
Just to emphasize: Hourly rate = pay per hour.
First Method:
What you have to pay at least - You pay 7.83 per hour X 30 hours/week X 52 weeks/year = £12214.8 (pay/year) --> (Yeah! you pay more than the minimum actually), Isn't it?
Second Method:
Yearly salary / 52 weeks = 14400 / 52 = £ 276.92 (pay per week) / hourly rate (pay per hour) (that you tell HO) = 35.37 hours / week (Yeah, your employees have worked more than 30 hours/week)
BUT, Have you told HO about the yearly salary? (may be NOT, since you may not have shared the employment contracts or mentioned the yearly salary elsewhere in your documents sent to HO), But to my assumption, they will still add up the salary, if going by second method.
Can there be a third method (based on annual / monthly salary?)
Maybe the HO will think that going by our policy:
An employee should work 30 hours/week and should earn the hourly rate (pay / hour), given by the employer) than:
30 hours / week * 7.83 pay / hour = 234.9 ( pay / week). (that, this employee should earn atleast 234.9 per week)
HO can further, say, divide all the payslips by pay / week (£1200 / 234.9) to calculate the weeks worked that should add upto atleast 52 weeks of work (which it will). (£1200 / 234.9 = 5.1085 weeks / month) = 5.1085 * 12 = 61.3 weeks in a year.
If you pass the above tests (for monthly payments), than be assured that you are safe. - Just change the figures (monthly salary and/or hourly rate) for yourself and check!
There are two possible reasons why you got approved
marcnath wrote: ↑Mon Apr 30, 2018 12:48 pmThere are two possible reasons why you got approved
1. HO accepted 120 hrs/month as FT based on the guidance and you had 12 months with >= 120 hrs. This is most probable reason, but will not be usable in future as HO updated the guidance document this month.
2. Your payslips clearly indicated that it was for 4 weeks of 5 week by stating the start date and end date to which a particular payslip applied. In this case, you would have met 52 weeks of 30 hrs/week.
Depends on what your payslips say.tier11417 wrote: ↑Mon Apr 30, 2018 1:28 pmmarcnath wrote: ↑Mon Apr 30, 2018 12:48 pmThere are two possible reasons why you got approved
1. HO accepted 120 hrs/month as FT based on the guidance and you had 12 months with >= 120 hrs. This is most probable reason, but will not be usable in future as HO updated the guidance document this month.
2. Your payslips clearly indicated that it was for 4 weeks of 5 week by stating the start date and end date to which a particular payslip applied. In this case, you would have met 52 weeks of 30 hrs/week.
Thank you once again.
Apparently looks like 130 hours a month for 12 months is the safest best.
In that case can i amend my salary slips?
Jan 2018 - April 2018 is already made
Jan 2018 120 hours
Feb 2018 120 hours
March 2018 150 hours
April 2018 120 hours
Should i continue like this or rectify the payslips??
Thank you
Thank youmarcnath wrote: ↑Mon Apr 30, 2018 2:10 pmDepends on what your payslips say.tier11417 wrote: ↑Mon Apr 30, 2018 1:28 pmmarcnath wrote: ↑Mon Apr 30, 2018 12:48 pmThere are two possible reasons why you got approved
1. HO accepted 120 hrs/month as FT based on the guidance and you had 12 months with >= 120 hrs. This is most probable reason, but will not be usable in future as HO updated the guidance document this month.
2. Your payslips clearly indicated that it was for 4 weeks of 5 week by stating the start date and end date to which a particular payslip applied. In this case, you would have met 52 weeks of 30 hrs/week.
Thank you once again.
Apparently looks like 130 hours a month for 12 months is the safest best.
In that case can i amend my salary slips?
Jan 2018 - April 2018 is already made
Jan 2018 120 hours
Feb 2018 120 hours
March 2018 150 hours
April 2018 120 hours
Should i continue like this or rectify the payslips??
Thank you
Quite often, the payslip does specify the dates for which it is valid.
So, if the Jan payslip says 1/1 to 28/1, Feb says 29/1 to 25/2 and so on, then you are ok. You may need to explain it in the cover letter but HO can't reject it.
However, if the payslip does not give dates or states is as 1/1 to 31/1, 1/2 to 28/2 and so on, then you need to get it changed.
Thank you
you were right marcnath. I just noticed my accountant had provided an excel sheet document with break down of hours weeks and specific dafes along with payslips. Thank youmarcnath wrote: ↑Mon Apr 30, 2018 2:10 pmDepends on what your payslips say.tier11417 wrote: ↑Mon Apr 30, 2018 1:28 pmmarcnath wrote: ↑Mon Apr 30, 2018 12:48 pmThere are two possible reasons why you got approved
1. HO accepted 120 hrs/month as FT based on the guidance and you had 12 months with >= 120 hrs. This is most probable reason, but will not be usable in future as HO updated the guidance document this month.
2. Your payslips clearly indicated that it was for 4 weeks of 5 week by stating the start date and end date to which a particular payslip applied. In this case, you would have met 52 weeks of 30 hrs/week.
Thank you once again.
Apparently looks like 130 hours a month for 12 months is the safest best.
In that case can i amend my salary slips?
Jan 2018 - April 2018 is already made
Jan 2018 120 hours
Feb 2018 120 hours
March 2018 150 hours
April 2018 120 hours
Should i continue like this or rectify the payslips??
Thank you
Quite often, the payslip does specify the dates for which it is valid.
So, if the Jan payslip says 1/1 to 28/1, Feb says 29/1 to 25/2 and so on, then you are ok. You may need to explain it in the cover letter but HO can't reject it.
However, if the payslip does not give dates or states is as 1/1 to 31/1, 1/2 to 28/2 and so on, then you need to get it changed.