12 Months Problem for Set(O)

[Bounty88]

Hi to All members

Advice required from seniors.
We (as a team) are on Tier 1 Ent (pre transitional), and thinking to apply for ILR through Set(O) on 6th or 7th of Feb 2019. As we got Intial visa on 20 Feb 2014 and got Extention on 14th January 2018, so can we count job creation from 6th January 2018 ( January 2018 to January 2019,, 13 months) Or we have to count from 6th Feb 2018 (Feb 2018 to January 2019 ,, 12 months)...?
As we can complete 24 months from January 2018 to January 2019.

One more question we already created 2 FT jobs, If we create 3rd job (Different Job title) will it be counted for completing 24 months, In case of Feb 2018 to January 2019.

Thanks In advance..

[CULLINAN]

Hi to All members

Advice required from seniors.
We (as a team) are on Tier 1 Ent (pre transitional), and thinking to apply for ILR through Set(O) on 6th or 7th of Feb 2019. As we got Intial visa on 20 Feb 2014 and got Extention on 14th January 2018, so can we count job creation from 6th January 2018 ( January 2018 to January 2019,, 13 months) Or we have to count from 6th Feb 2018 (Feb 2018 to January 2019 ,, 12 months)...?
As we can complete 24 months from January 2018 to January 2019.

One more question we already created 2 FT jobs, If we create 3rd job (Different Job title) will it be counted for completing 24 months, In case of Feb 2018 to January 2019.

Thanks In advance..

The rule is you have to show job creation for 104 weeks 30 hour min that is total 24 months.
You can only claim for job creation AFTER your extension that is 14th January 2018. So you will have 12 months 14th January 2018 - 14th January 2019.

You can have multiple jobs as you fall under the transitional arrangements but I think you already qualify with 2 FT employees from 14th January 2018 - 14th January 2019.

[CULLINAN]

Just to make it clear. If you apply on 6th Feb 2019 and send in FPS from Jan 2018 till Jan 2019 your job creation will be counted from 14th January 2018 - 31st January 2019. So you will have few weeks over 12 months.

[Bounty88]

Just to make it clear. If you apply on 6th Feb 2019 and send in FPS from Jan 2018 till Jan 2019 your job creation will be counted from 14th January 2018 - 31st January 2019. So you will have few weeks over 12 months.

Thanks tier11417.
Sorry still confused
Basically one of our part time employee left the job in June 2018, so that there is one month gap.. Means that month will be counted as 80 hours per month for Job #1..
Job # 2 is FT which is ok..
So, for cover that month for Job #1 shall we create 3rd Job OR its still ok without creating 3rd Job.

Thanks

[CULLINAN]

Just to make it clear. If you apply on 6th Feb 2019 and send in FPS from Jan 2018 till Jan 2019 your job creation will be counted from 14th January 2018 - 31st January 2019. So you will have few weeks over 12 months.

Thanks tier11417.
Sorry still confused
Basically one of our part time employee left the job in June 2018, so that there is one month gap.. Means that month will be counted as 80 hours per month for Job #1..
Job # 2 is FT which is ok..
So, for cover that month for Job #1 shall we create 3rd Job OR its still ok without creating 3rd Job.

Thanks

Basically dont confuse yourself between “jobs” and “employees”. Since you are under transitional arrangements you can have multiple jobs across different employees.

All you have to count is a total of 104 weeks of FT employment which is minimum of 30 hours/week in any combination.

Initially from your first post I assumed you have 2 FT jobs with 2 employees but that does not seem to be the case.

So for Job 1 you can have employee 1 who worked for 52 weeks 30 hours a week between 15th Jan 2018 - 14th Jan 2019. Infact as you plan to apply in Feb 2019, given you claim till 31st Jan 2019, you can have 54 weeks of FT employment with employee 1.

I am still unclear about your employee 2 as you probably are combining it with another employee to make a FT employment.

If you can mention exact dates and employees FT or part time members will be able to help you properly.

[Bounty88]

Let start again.
Extention Granted 14th January 2018.

Job 1: Marketing (Start Date 6th January 2018)
Only 1 FT employee for 12 months 130 hrs a month.
Its ok

Job 2: Admin
Employee #1(Part Time) for 12 months 80 hrs a month. (6th January 2018 till 5th Feb 2019)

Employee #2 (Part Time) 60 hours per month,, from 6th January 2018 to 5th July 2018 for almost 6 months.(left the job).

Employee #3 (Part Time) 6th August 2018 till 5th Feb 2019 for 6 months.

Employee #2 replaced by Emp#3 (one month gap as a part time)..

But you said we can not count from 6th January 2018.. is it..? I dont know dat we fullfil the Job creation requirement if we count from 14th January 2018 till 5th Feb 2019, in our case..

Hope my explanation make some sense.

Thanks

[CULLINAN]

Let start again.
Extention Granted 14th January 2018.

Job 1: Marketing (Start Date 6th January 2018)
Only 1 FT employee for 12 months 130 hrs a month.
Its ok

Job 2: Admin
Employee #1(Part Time) for 12 months 80 hrs a month. (6th January 2018 till 5th Feb 2019)

Employee #2 (Part Time) 60 hours per month,, from 6th January 2018 to 5th July 2018 for almost 6 months.(left the job).

Employee #3 (Part Time) 6th August 2018 till 5th Feb 2019 for 6 months.

Employee #2 replaced by Emp#3 (one month gap as a part time)..

But you said we can not count from 6th January 2018.. is it..? I dont know dat we fullfil the Job creation requirement if we count from 14th January 2018 till 5th Feb 2019, in our case..

Hope my explanation make some sense.

Thanks

You cannot claim from 6th January 2018. You can claim only AFTER extension:

My calculation is:

Job1: Marketing
Employee A FT: 15th Jan 2018 - 15th Jan 2019 (12 months)
plus atleast 3 weeks till 5th Feb 2019 so you will have 12 months and 3 weeks.

Job2: Admin
Employee 1 PT + Employee 2 PT
15th Jan 2018 - 15th June 2018 (5 months)

Employee 3 PT + Employee 1 PT
6th Aug 2018 - 5th Feb 2019 (6 months)

Employee 2 PT + Employee 1 PT
15th June 2018 - 5th July 2018 (atleast 2 weeks or more)

It seems like you qualify for over 24 months. But to keep the calculation simple in months I would suggest to create 1 more month FT from employee 1 (if hired till atleast 14th Feb 2019 so you have 13 full months) and apply earliest by 15th Feb 2019 or hire 1 additional/other employee for 1 month (just to be on the safe side) during now and before 31st Jan 2019 if you really want to apply on 6th Feb 2019.


Please wait for other members. Marcnath is really good at calculating job creation so request him to reply.

[CULLINAN]

Edited:


You cannot claim from 6th January 2018. You can claim only AFTER extension:

Assuming you want to apply on 6th Feb 2019.

My calculation is:

Job1: Marketing
Employee A FT: 15th Jan 2018 - 14th Jan 2019 (12 months)
plus atleast 2 weeks or more from 14th Jan 2019 till 5th Feb 2019 so you will have 12 months and 2 weeks atleast.

Job2: Admin
Employee 1 PT + Employee 2 PT
15th Jan 2018 - 15th June 2018 (5 months)

Employee 3 PT + Employee 1 PT
6th Aug 2018 - 5th Feb 2019 (6 months)

Employee 2 PT + Employee 1 PT
15th June 2018 - 5th July 2018 (atleast 2 weeks or more)

It seems like you qualify for over 24 months. But to keep the calculation simple in months I would suggest to create 1 more month FT from employee 1 (if hired till atleast 14th Feb 2019 so you have 13 full months) and apply earliest by 15th Feb 2019 or hire 1 additional/other employee for 1 month (just to be on the safe side) during now and before 31st Jan 2019 if you really want to apply on 6th Feb 2019.

Note: To claim till 5th Feb 2019 you will have to send an early FPS report for Feb 2019 also.

Please wait for other members. Marcnath is really good at calculating job creation so request him to reply.

[aman90]

Calculate in weeks instead. 104 wks required.
14/01/18- 31/01/19
RTI FPS Jan 18 - Jan 19
Job1= 54wks FT
Job 2= 54 + 24.5 + 25.4wks = 104 wks PT
Apprx =50wks FT
Total no of weeks= 104 weeks FT

[Bounty88]

Hi Seniors & All members
Sorry I m asking the question which been asked many times.
Actually Im going to apply for ILR Set (O) in couple of weeks time, Im on T1 Ent 5 years. I m short of 4 weeks in Job creation part. I have one Spanish Passport holder guy but my accountant saying he is not settled in uk and his job will not be counted towards job creation..
He has NI number and Spanish passport, so can he be my employee..??
Is it bcaz of Brexit...?

Thanks in Advance.

[CR001]

As the guide clearly states, and EU citizen is considered a settled worker.

[Bounty88]

Thanks CR001.

Well One more thing, he has just spanish passport, I mean he hasn't got British BRP like many other Europeon Nationals registered themselves in uk, dats why I was confused.
So now I believe I can hire him..

Thanks

[CR001]

He only needs his Spanish passport. Have you not read the guide or rules??

[Bounty88]

Thanks again CR001.

Ive read old guides and rules but coudnt find latest one. If u can share the link of latest policy guidance please.
Well thanks alot You saved me

[aman90]

Thanks again CR001.

Ive read old guides and rules but coudnt find latest one. If u can share the link of latest policy guidance please.
Well thanks alot You saved me

https://assets.publishing.service.gov.u ... ternal.pdf
Would you like the page and paragraph no as well?
Or do you think you can manage that..