employment question

[siavashes]

hi guys

I just need your opinion on below situation abt one of the job creation.

Job1) employee 1 (jan/2017-Aug/2017) --->140 hours per month
Job1) employee 2(jan/2017-oct/2017)---> 120 hours per month & from (nov/2017- may/2018)--->150 hours per month.

Job 2) employee3, 12-months full time ( no issue)

my question is, shall claim both employees(1&2) as doing the same job from Jan/2017 and one left in Aug/2017. OR should I claim one full time for employee 1 for 7 months, and claim 7 months ONLY for employee 2 on job 1.

can same job fill with two employees at the same time? I could not find the answer in immigration rule

[zimba]

Full time status is determined by hours worked per week
So if employee 2 worked full time, simply claim employee 2 & 3 only

[marcnath]

hi guys

I just need your opinion on below situation abt one of the job creation.

Job1) employee 1 (jan/2017-Aug/2017) --->140 hours per month
Job1) employee 2(jan/2017-oct/2017)---> 120 hours per month & from (nov/2017- may/2018)--->150 hours per month.

Job 2) employee3, 12-months full time ( no issue)

my question is, shall claim both employees(1&2) as doing the same job from Jan/2017 and one left in Aug/2017. OR should I claim one full time for employee 1 for 7 months, and claim 7 months ONLY for employee 2 on job 1.

can same job fill with two employees at the same time? I could not find the answer in immigration rule

Since Employee 2 would only be considered part-time between Jan and Oct 2017, you are better off using employee 1 until Aug 17 and employee 2 from nov 17.

These cases can be a bit messy though. So, in case you are asked, be prepared to justify why it is not not three separate jobs. If employee 1 and 2 are doing the same job, what changed so that the job did not need two people before Aug 17 and not after that.

If the CW determines that these are three separate jobs, then you don't meet the requirements.

[mig2015]

Full time status is determined by hours worked per week
So if employee 2 worked full time, simply claim employee 2 & 3 only

@zimbaa I think OP's point here is that if they only claim employee 2 for Job 1, then they are afraid of Jan17 to Oct17 being all rejected. As per your comment, it seems your take on the situation is that this period will still get the applicant equivalent of 7 months full time work. If I'm correct and this is your point, I believe this is in contraction to what Marcnath says about the job being part time and hence completely ignored by CW

[mig2015]

* I meant contradiction in the above post obviously

[siavashes]

thanks a lot, I am just a bit confused abt hours.
1)can you please clarify, in your opinion is 120 hours per month counted as full time or 130 hours? I am aware of 30*52/12=130 however, in application form clearly mentions "we consider a full-time job equivalent of 30 hours per week /120 hours per month, where immigration rule and policy guidance only said 30 hours per week.

2)have you noticed anyone refused because of claiming 120 hours per month as full time?

[siavashes]

thanks a lot, I am just a bit confused abt hours.
1)can you please clarify, in your opinion is 120 hours per month counted as full time or 130 hours? I am aware of 30*52/12=130 however, in application form clearly mentions "we consider a full-time job equivalent of 30 hours per week /120 hours per month, where immigration rule and policy guidance only said 30 hours per week.

2)have you noticed anyone refused because of claiming 120 hours per month as full time?

3)can one job, fill with 2 employees at the same time?

[marcnath]

thanks a lot, I am just a bit confused abt hours.
1)can you please clarify, in your opinion is 120 hours per month counted as full time or 130 hours? I am aware of 30*52/12=130 however, in application form clearly mentions "we consider a full-time job equivalent of 30 hours per week /120 hours per month, where immigration rule and policy guidance only said 30 hours per week.

Immigration rules always only specified 30 hrs/week. The guidance and form mentioned 120 hrs/month
The guidance was recently revised to remove any reference to 120 hrs/month leaving only the 30 hrs/week in place. Looks like the form is not updated yet.

2)have you noticed anyone refused because of claiming 120 hours per month as full time?

Yes, there have been refusals based on 120 hours/month. It was overturned in AR when the guidance was used as argument. That is possibly why they updated the guidance.
In my opinion, 120 hrs/month will henceforth be treated as part-time and refused. You can try arguing that the form indicates otherwise but it is not necessarily a winning argument.

3)can one job, fill with 2 employees at the same time?

Yes