Tier 1 Entrepreneur 5 Years Route ILR Employee Hours Confusion

[vasann]

Hi ,
Happy New Year All

I am asking this question for my friend.

My friend got Tier 1 Ent Extension on July 2017 and his going for ILR in 2019 July.

Q. Is it 120 hours/ month or 130hrs/month? As the guidelines say 30hr/week but in application form it says 120hrs/ month?
Plz see the below snapshot frm application form. July 2018.

PHOTO-2019-01-03-14-38-59.jpg (220.97 KiB) Viewed 694 times

please kindly suggest and thanks in advance.

[CULLINAN]

It is 30 hours/week for 52 weeks. So technically it should be a minimum of 120 hours a month. But if you run a monthly payroll its safest to have 130hours per month so you can have 1560 hours in 12 months.
I know the new online form acknowledges 120 hours as to be fulltime so anything 120 hours or over should be fine.

[Meesha]

30 hours per week is acceptable but Companies usually run payroll on monthly basis which means there can be different hours worked per month depending on length of month etc. To keep everything straightforward for u and for CW, one should go for 130hrs/month which definitely are acceptable.

[vasann]

Thanks all for the replies.

But my friend question is still the same as for few months his employees worked for only 120 hours per month.

When he submits his application would it be ok.

Experts and Gurus request your advice on this.

Thanks in advance.

[CULLINAN]

Thanks all for the replies.

But my friend question is still the same as for few months his employees worked for only 120 hours per month.

When he submits his application would it be ok.

Experts and Gurus request your advice on this.

Thanks in advance.

The rule says its 30 hours/week so technincally 120 hours a month should be fine as some months are longer than others. I personally have 8 months having 120 hours and I have submitted my application just now. I did the same at extension stage and was approved.
The online form clearly says 120 hours and the guidance says 30 hours a week so I assume it should be okay.

[CULLINAN]

I had done some research and found this reply from the economic migration policy home office on a similar matter as mine and yours so would like to share:

“52 weeks per year at 30 hours per week for 2 jobs is a total of 3120 hours of work that must be created. The rules require applicants to demonstrate that the minimum of 30 hours per week threshold is met irrespective of whether an employee is paid monthly or weekly.

Whilst 30 hours a week will always come to a minimum of 120 hours a month some months are longer and as such in these months applicants will need to generate more hours of work per month to meet the minimum job creation threshold”

Note: I have not received my decision yet.

[vasann]

Hi Tier11417 thanks a lot for your reply.

My friend would like to ask you few questions and hope you dont mind.

Did you hear anything from Home office?
Also you have mentioned during your extension you had similar situation of 120 hours/ month. My friend question is how many months it was 120 hours and how many employees you have shown during Extension.

If you had Succeded during extension it shud be the same for ILR as well.

Kindly answer my friend query so that it is useful to every one in the same situation.
Wish you best of luck for your Application.

[CULLINAN]

Hi Tier11417 thanks a lot for your reply.

My friend would like to ask you few questions and hope you dont mind.

Did you hear anything from Home office?
Also you have mentioned during your extension you had similar situation of 120 hours/ month. My friend question is how many months it was 120 hours and how many employees you have shown during Extension.

If you had Succeded during extension it shud be the same for ILR as well.

Kindly answer my friend query so that it is useful to every one in the same situation.
Wish you best of luck for your Application.

I am still awaiting my decision for ILR. However, I have done the same at extension stage.
I would like to clarify that my employees worked 30 hours a week but my payslips are made for 120 hours a month for 8 months and 150 hours per month for 4 months because:

Here is why:

Jan 2018: 1st Jan till 26th Jan ( paid for 4 weeks till last Friday of the month) so 120 hours
Feb 2018: 26th Jan till 23rd Feb (paid for 4 weeks till last Friday of the month) so 120 hours
March: 23rd Feb till 30th March (paid for 5 weeks till last Friday of the month) so 150 hours
and so on...
....
....

Basically that is the logic what my accountant seems to follow although my payslips and RTI only mention Jan 2018, Feb 2018 and does not mention the particular period and so on...

Note: I have also provided the weekly breakdown of the weeks clarifying that my employees have worked 30 hours/week. At extension I used two employees. For ILR, I have used 3 employees.

Having said that, its safest to have 130 hours/month for simplicity but if you have a situation like mine you possibly can use the same logic as above.

Hope that answers your question.