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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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UK Tier 1 enterprenerial visa extension

Resolved Question:

I got my enterpreneurial visa on Oct 2013 and I will need to renew it next year.
I have hired 2 part-time for 3 months (from Nov 2014-Jan 2015)
Both of them left the post and now I am hiring a full time.
I am wondering:
1. Can those 2 part-time be counted for 1 full-time? (They work 15h/w each)
2. I hired a full time from Feb this year, and wish to hire her for 18 months (till August 2015).
So I will need another employee. Since my previous 2 employees only worked for me for 3 months, does it mean that I have to hire 1 full time for 3months , or 1 part time for 6 months, or 2 part times for 3 months in order to meet the requirement?
Or, I will have to hire 1 fulltime for 6 months?
Or, hire 1 full-time for 1 year? (according to point 85)
The point confuses me is that in TIER 1 (ENTREPRENEUR)
Version 10/2013 point 85 it says:
85. Where you have taken over or invested in an existing business, your services and investment must have resulted in the businesses providing, between them, the equivalent of two extra full-time jobs during the period when you held leave as a Tier 1 ( Entrepreneur) migrant. These jobs must have been taken by people who are settled in the UK and those jobs must have existed for at least 12 months each.

Where in point 91 it says:
91. EXAMPLES: We would consider the following as acceptable employment:
• The working hours of two part-time workers can be combined to add up to 30 hours a week or more and form the equivalent of one full-time post.
• A worker who is employed for part of a year and then leaves the job can be replaced by another worker so that the employment as a whole adds up to 12 months. However, if there is a gap between one worker leaving a post and another worker starting employment, the period when the post is not filled will not be counted. Only periods during which a worker is employed in a post will be considered.
• A single worker can be employed for 24 months. The employment can also be made up of a six-month period for one worker and an 18-month period for another.
• If four workers are employed for 26 weeks (six months) each, their hours of employment may be added together.

Can anyone help?
Thank you very much!

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola,

Ok. I'll wait for another 1-2 days is that ok?

Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
What the rules are stating that you need to have employed someone for 24 months full time which is at least 30 hours per week. The jobs can be made up of as follows:
1 working working 24 months at 30 hours or more per week.
2 workers working 12 months each at 30 hours or more per week
4 workers working 6 months each at 30 hours or more per week
So to answer your questions:
1. Yes they can provided that they work continuously for 24 months at 15/hr per week.
2. Yes again you have stated correctly, you will need to ensure you make up the 3 months which you have missed as 18 months plus 3 months= 21 months. So the 3 months need to be made up by 1 x full time worker for 3 months or 2 x part-time workers for 3 months each.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

Hi,

I am still confused by the following?

These jobs must have been taken by people who are settled in the UK and those jobs must have existed for at least 12 months each.

Does it mean that for each person I hire, I have to hire that person for at least 12 months consecutively?

Or I can do what I have done: Hired 2 people part-time for 3 months, and hire someone else to make up the rest of the time?

Another thing is, you mentioned:

So the 3 months need to be made up by 1 x full time worker for 3 months or 2 x part-time workers for 3 months each.

How about 1 part-time worker for 6 months then?

Best Regards,

Izzie

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. Yes you can do what you stated stated , you can employ someone part-time and then employer another, the same person does not need to be employed by you for the whole duration.
2. Yes you can employ someone part-time for 6 months, this would constitute 3 months of full-time employment.
I hope this clarifies the matter.
Kind regards
Customer: replied 2 years ago.

Hi

Thank you for the clarification

I still don't understand what does this mean:

These jobs must have been taken by people who are settled in the UK and those jobs must have existed for at least 12 months each.

the "must have existed for at least 12 months each"confuses me.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
What that means is that your company needs to have a capacity enabling you to have 2 full-time jobs. Just because a person is employed for 6 months and then leaves , the rules do not prevent you from employing someone else because you have the capacity to do so, that is what it means that the full-time jobs must have existed.
Its all about the fact that you are able to employ individuals for 12 months and that the company has the capacity, because a employee can leave or be sacked for whatever reason ie gross misconduct etc or you might not like them. Just because you employed them doesn't mean that the home office would ask you to stick with them for 12 months even if it means losing money and do not like them.
I hope this clarifies the matter.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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