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Hi, many thanks for your opinion.Olasunkanmi wrote:@ sky_rise, the employment mixture is only applicable to duration and not hours as per your plan.
HO has stipulate 30hrs pw minimum for full-time employment, if you decide to employ a full-time staff 1 on 40hrs pw then the extra 10hrs pw for that particular staff 1 cannot be added to another part-time staff 2 weekly hours of say 15hrs.
You can simply employ another part-time staff 3 and give the extra 10hrs pw from staff 1 with another 5hrs pw to make 15hrs on part-time basis.
I dis-agree, HO has only stated about the hours for previous applicants. As long as we are paying minimum wage, we should be fine I believe. I even spoke to a few solicitors and accountants regarding the same, and that's what they've confirmed.Olasunkanmi wrote:@ sky_rise, I think the reason why they stated that they will be calculating hrs is to make sure applicants employ someone on at least 30hrs pw in order to qualify for full-time employment rather than someone just paying a particular amount to staff and then claiming it to be full-time when in-fact the per hr rate might be less than the minimum wage.
One should carefully read all the referenced documents listed in the guidance here and there. The guidance is too brief to cover all rules and regulations. If you base your understanding just on the guidance, you will suffer when you apply for extension.49. A full time job is one involving at least 30 hours of work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job but one full time job of more than 30 hours work a week will not count as more than one full time job.
But one person employed for two years at 30 hours a week is counted as two employees right?attahaas wrote:@sky_rise
The entire reason / logic behind point 49 stated above is that the government wants two or more different persons to earn money to feed their families instead of one person/family. That's the basis of employment creation and distribution of wealth. Common Sense my friend.
Yes, I agree it may sound controversial but here at least you are making sure the employment lasts for double the time and there by financial security for that person/family for a longer period of time. However that is valid for applicants who have established their businesses before the 11th of July, 2014.MTZ510 wrote:But one person employed for two years at 30 hours a week is counted as two employees right?attahaas wrote:@sky_rise
The entire reason / logic behind point 49 stated above is that the government wants two or more different persons to earn money to feed their families instead of one person/family. That's the basis of employment creation and distribution of wealth. Common Sense my friend.
Hi and thanks for this valuable point.attahaas wrote:@sky_rise
I knew someone would eventually raise this point. Here is my 2p below.
Any extra time over 30 hours per SINGLE PERSON can not be counted towards the total time. As per your logic, if you employ a person for let's say 60 hours per week for 12 months, then that should suffice the total hours equivalent of employing 2 people working 30 hours per week for 12 months. BUT, according to UKBA the extra 30 hours will not be counted towards the extension UNLESS it is done by a second person.
Check point 49 on page 37 of 109 of Immigration Rules: Appendix A MASTER
One should carefully read all the referenced documents listed in the guidance here and there. The guidance is too brief to cover all rules and regulations. If you base your understanding just on the guidance, you will suffer when you apply for extension.49. A full time job is one involving at least 30 hours of work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job but one full time job of more than 30 hours work a week will not count as more than one full time job.
Yes, you can still mix part-time workers, but the mixing is allowed as long as each individual's weekly contribution is less than 30 hours!
The entire reason / logic behind point 49 stated above is that the government wants two or more different persons to earn money to feed their families instead of one person/family. That's the basis of employment creation and distribution of wealth. Common Sense my friend.
For the accelerated route to ILR, is it fine to hire employees on 40 hour week? And count the hours instead of the months?attahaas wrote:Yes, I agree it may sound controversial but here at least you are making sure the employment lasts for double the time and there by financial security for that person/family for a longer period of time. However that is valid for applicants who have established their businesses before the 11th of July, 2014.MTZ510 wrote:But one person employed for two years at 30 hours a week is counted as two employees right?attahaas wrote:@sky_rise
The entire reason / logic behind point 49 stated above is that the government wants two or more different persons to earn money to feed their families instead of one person/family. That's the basis of employment creation and distribution of wealth. Common Sense my friend.
And the UKBA seems to have realised this controversy and updated the guidance, July 2014, to make it clear that it has to be TWO SEPARATE INDIVIDUALS for 12 months and NOT one individual for 24 months.
However, it still exists for the accelerated route for ILR. The lenience could be understood because the entrepreneur has to really work hard to create equivalent of 10 full-time jobs and hence UKBA still is considering giving the guy a break and not enforcing 10 separate full-time jobs.
sky_rise wrote:Hi and thanks for this valuable point.
However it seems to me that this applies to only applicants applying post April 2014 change. If this is the case, then it does not contradict and if you can employ (on previous policy) one person for 24months and be ok, surely you can increase his hours and employ for 16 months at 40h/pw, no?
Doesn't matter if you have applied this year or last year, or for accelerated ILR, the 30/week/person rule always holds good! Anything over it will simply not serve the purpose (unless there was a different definition for full-time earlier).confused90 wrote:For the accelerated route to ILR, is it fine to hire employees on 40 hour week? And count the hours instead of the months?