Immigrationboards.com

Hello guys
can you please help me to understand the job creation for ILR. (Pre April 2014)

My situation is i have two full time employees working for my business since August and september 2017 and I got approval in october 2017. Both these employees are new in my business. there is no previous employees are working in my business.(Previous employees are,which i got job creation points in first extension)

1)my question is that both employees start working before my approval date so will HO count there period of job after my approval.
2) will there be any issue of starting date of my employees, i mean they start working before my approval.
3) if i hire one more full time employee and than i have 8 months from 1st Nov 2017 to 30th June 2017 to complete 24 months job creation. (8 months for each employee)
4) i have one employee, who is from France and he just start working for my business two months ago. Actually his brother in France working on his name and his brother taking benefits for himself.

will there be any issue for me to claim his job creation because my employee's tax is paying in uk and france.

sorry if any one of issue discuss before.

your valuable advice will be appreciated.

Regards
Ali

DO NOT tag this questions over other topics ! Stick to this one ONLY

1)my question is that both employees start working before my approval date so will HO count there period of job after my approval.

Only the period after extension counts for ILR

2) will there be any issue of starting date of my employees, i mean they start working before my approval.

No

3) if i hire one more full time employee and than i have 8 months from 1st Nov 2017 to 30th June 2017 to complete 24 months job creation. (8 months for each employee)

If only you are under transitional arrangements

4) i have one employee, who is from France and he just start working for my business two months ago. Actually his brother in France working on his name and his brother taking benefits for himself.
will there be any issue for me to claim his job creation because my employee's tax is paying in uk and france.

What ??!

Thanks Zimba for your reply,

can you please clarify about this as well.

My one employee, who is from France and he just start working for my business two months ago. Actually his brother in France working on his name and his brother taking benefits for himself.

one of my employee whose brother is working on his name in france.

so will it be any problem that two places tax is going on one person name.

i mean in france and uk.

thanks

What does that even mean ?? His brother working on his name in france ??! huh ???

Ali7770 wrote: ↑

Sat Nov 11, 2017 1:25 am

Thanks Zimba for your reply,

can you please clarify about this as well.

My one employee, who is from France and he just start working for my business two months ago. Actually his brother in France working on his name and his brother taking benefits for himself.

one of my employee whose brother is working on his name in france.

so will it be any problem that two places tax is going on one person name.

i mean in france and uk.

thanks

Appears your employee is committing fraud and you know he is committing fraud (how did you even know about this ?). If I was in your place, I would not hire a fraudster, but that has nothing to do with immigration rules.

Under the immigration rules, you are expected to comply to all of UK law including employment law.

It might make sense for you to check with a lawyer that not reporting this to the authorities is breaking the law in itself (it might be)

marcnath wrote: ↑

Sat Nov 11, 2017 9:55 am

Ali7770 wrote: ↑

Sat Nov 11, 2017 1:25 am

Thanks Zimba for your reply,

can you please clarify about this as well.

My one employee, who is from France and he just start working for my business two months ago. Actually his brother in France working on his name and his brother taking benefits for himself.

one of my employee whose brother is working on his name in france.

so will it be any problem that two places tax is going on one person name.

i mean in france and uk.

thanks

Appears your employee is committing fraud and you know he is committing fraud (how did you even know about this ?). If I was in your place, I would not hire a fraudster, but that has nothing to do with immigration rules.

Under the immigration rules, you are expected to comply to all of UK law including employment law.

It might make sense for you to check with a lawyer that not reporting this to the authorities is breaking the law in itself (it might be)

Thank for your reply.

I will speak with my accountant and my solicitor, if it will be problem for me in future than I will take him out. Because he just recently joined as an employee and he told me just few days ago about.

Thanks marcnath

Hello Guys.

can anyone please share the list of documents needed for ILR on tier 1 entrepreneur basis.
sorry if this asked before, as I couldn't find it.

OR if anyone can share the link, as it discuss earlier.

50 (K) via director loan.
Pre-April 2014 rules.

Thanks in advance.

Best Regards

Check the SET(O) form and read the Tier 1E guide. It is very clear

zimba88 wrote: ↑

Wed Nov 15, 2017 1:02 am

Check the SET(O) form and read the Tier 1E guide. It is very clear

Thanks Zimba for your prompt reply.

Regards

Hello Zimba and marcnath and other senior members.

Sorry to ask this question again. first of all i like to show the HO tier 1 guide notes.

177. If your most recent period of leave was as a Tier 1 (Entrepreneur) migrant and you are
applying for further leave under this route (for instance, if you are applying for a second
extension or a 5 year settlement application):

1) You do not need to demonstrate that you have created 2 more full-time paid jobs in
addition to the 2 jobs you created during the initial period of leave (which you
evidenced for your extension application), if the 2 full-time positions created in the
initial period of leave were maintained for at least 12 months during your extension
period of leave;

2) However, if the jobs from the initial leave no longer exist, you must show you have
created 2 new jobs which have existed for at least 12 months during your extension
period of leave.


My question is that i donot have any previous employees, which i claim point for my extension.

I hired two full time employees, one in July and second one in August and my extension approved in October so i know that HO will consider only after extension Period for job creation.

From guidance point number (2) above mentioned, that if previous jobs doesn't exit then you have to create two new jobs during your extension period. my business jobs started before my extension granted.
i am confused on this point that if HO can raise issue about jobs starting dates(jobs start before extension granted, and this is not new jobs.)

i am really sorry i know many times job creation has been discussed on this board but the second point is very confusing.

thanks in advance

best Regards

You simply need 24 months of full time employment after extension was approved

zimba88 wrote: ↑

Thu Nov 30, 2017 1:18 am

You simply need 24 months of full time employment after extension was approved

Thanks zimba for your reply.

It's mean I just need 24 month employment after extension, doesn't matter even they start working for my business during my extension was in process with HO.

Regards

Ali7770 wrote: ↑

Fri Dec 01, 2017 2:01 am

zimba88 wrote: ↑

Thu Nov 30, 2017 1:18 am

You simply need 24 months of full time employment after extension was approved

Thanks zimba for your reply.

It's mean I just need 24 month employment after extension, doesn't matter even they start working for my business during my extension was in process with HO.

Regards

Correct

marcnath wrote: ↑

Fri Dec 01, 2017 8:10 am

Ali7770 wrote: ↑

Fri Dec 01, 2017 2:01 am

zimba88 wrote: ↑

Thu Nov 30, 2017 1:18 am

You simply need 24 months of full time employment after extension was approved

Thanks zimba for your reply.

It's mean I just need 24 month employment after extension, doesn't matter even they start working for my business during my extension was in process with HO.

Regards

Correct

Thanks marcnath

Hello Guys.

Hope you all doing good.

can you please explain me about this.

Confirmation of the employment start date, hours paid per pay period and the hourly rate
for each settled worker relied upon to claim points, including any changes in the hours
worked per pay period or the hourly rate and the dates of those changes.

I am confused about hours paid per day, how we have to prove it.

Regards

Ali7770 wrote: ↑

Tue May 15, 2018 5:54 pm

Hello Guys.

Hope you all doing good.

can you please explain me about this.

Confirmation of the employment start date, hours paid per pay period and the hourly rate
for each settled worker relied upon to claim points, including any changes in the hours
worked per pay period or the hourly rate and the dates of those changes.

I am confused about hours paid per day, how we have to prove it.

Regards

Are you paying salary daily ? It is hours paid per PAY PERIOD. For most people, the PAY PERIOD is a month

marcnath wrote: ↑

Tue May 15, 2018 6:24 pm

Ali7770 wrote: ↑

Tue May 15, 2018 5:54 pm

Hello Guys.

Hope you all doing good.

can you please explain me about this.

Confirmation of the employment start date, hours paid per pay period and the hourly rate
for each settled worker relied upon to claim points, including any changes in the hours
worked per pay period or the hourly rate and the dates of those changes.

I am confused about hours paid per day, how we have to prove it.

Regards

Are you paying salary daily ? It is hours paid per PAY PERIOD. For most people, the PAY PERIOD is a month

Thanks marcnath for your Reply.

I am paying monthly to my employees and all my employees are doing minimum 130 hours OR more.

if i am paying monthly to my employees than you mean its not apply on me ?

Thanks

Ali7770 wrote: ↑

Wed May 16, 2018 4:05 pm

marcnath wrote: ↑

Tue May 15, 2018 6:24 pm

Ali7770 wrote: ↑

Tue May 15, 2018 5:54 pm

Hello Guys.

Hope you all doing good.

can you please explain me about this.

Confirmation of the employment start date, hours paid per pay period and the hourly rate
for each settled worker relied upon to claim points, including any changes in the hours
worked per pay period or the hourly rate and the dates of those changes.

I am confused about hours paid per day, how we have to prove it.

Regards

Are you paying salary daily ? It is hours paid per PAY PERIOD. For most people, the PAY PERIOD is a month

Thanks marcnath for your Reply.

I am paying monthly to my employees and all my employees are doing minimum 130 hours OR more.

if i am paying monthly to my employees than you mean its not apply on me ?

Thanks

It still applies to you, so you need to mention how many hours per pay period (month, in your case) as part of the application process. Unfortunately, they have not updated the Job table with a column for this, which would have been the right place. So, the best is to attach a sheet of paper with the hours per pay period for each job. All the others are filled in the Job table

Hi all, is there a certain level of finance require in SET O for ILR and does lack of income leads to refusals ?

The Druid wrote: ↑

Thu May 17, 2018 5:53 am

Hi all, is there a certain level of finance require in SET O for ILR and does lack of income leads to refusals ?

Stick to your own thread

marcnath wrote: ↑

Wed May 16, 2018 9:05 pm

Ali7770 wrote: ↑

Wed May 16, 2018 4:05 pm

marcnath wrote: ↑

Tue May 15, 2018 6:24 pm

Ali7770 wrote: ↑

Tue May 15, 2018 5:54 pm

Hello Guys.

Hope you all doing good.

can you please explain me about this.

Confirmation of the employment start date, hours paid per pay period and the hourly rate
for each settled worker relied upon to claim points, including any changes in the hours
worked per pay period or the hourly rate and the dates of those changes.

I am confused about hours paid per day, how we have to prove it.

Regards

Are you paying salary daily ? It is hours paid per PAY PERIOD. For most people, the PAY PERIOD is a month

Thanks marcnath for your Reply.

I am paying monthly to my employees and all my employees are doing minimum 130 hours OR more.

if i am paying monthly to my employees than you mean its not apply on me ?

Thanks

It still applies to you, so you need to mention how many hours per pay period (month, in your case) as part of the application process. Unfortunately, they have not updated the Job table with a column for this, which would have been the right place. So, the best is to attach a sheet of paper with the hours per pay period for each job. All the others are filled in the Job table

Thanks marcnath for your Reply.

In my case I pay monthly to my employees.
And my employees work different hours in different days according to business needs. I mean there is no specific hours for everyday Or Every week. But at least they work 130 hours per month OR more. If I just fill the job table in Application form and provide the information HO ask in Job Table. Do you think it will be enough for HO. And HO will not raise any object on it.

In Job Table HO not asking for hours paid per pay period. Like in Extension application form we provide information without this hours paid per pay period.

Regards

Hi Marcnath.

can you please clear this point for me.

Thanks in advance.

Regards

The latest version of the rules mentions that the hours per pay period should be mentioned, though the explanatory notes when the change was made did mention it was just to help reduce the confusion.
But the forms have not been updated to reflect that requirement in the new rules.
Hence my suggestion that you add an additional sheet of paper in the Job Table section listing your employees and hours worked in each month.
I don't think it is critical but it is best to try and satisfy the rules.

marcnath wrote: ↑

Fri May 18, 2018 4:15 pm

The latest version of the rules mentions that the hours per pay period should be mentioned, though the explanatory notes when the change was made did mention it was just to help reduce the confusion.
But the forms have not been updated to reflect that requirement in the new rules.
Hence my suggestion that you add an additional sheet of paper in the Job Table section listing your employees and hours worked in each month.
I don't think it is critical but it is best to try and satisfy the rules.

Thanks marcnath.
I will make one job table sheet and will post here for your valuable advice.

Regards

Hi Marcnath and other members.

Hope you guys doing good.

can you please check my ILR Document List according to HO requirement.

1) You have invested, or caused investment to be made by one or more third parties totalling at least £200,000 (or £50,000 if you were awarded points for £50,000 funding or investment in your last grant of leave) in cash directly into one or more UK businesses. 20 Points.
Answer
“You do not need to provide evidence of this investment if you were awarded points for this investment in your last successful Tier 1 (Entrepreneur) application.”

2)You have been:
(a) Registered with HM Revenue & Customs as self-employed, or
(b) Registered with Companies House as a director of a UK company or member of a UK limited liability partnership. The requirements above must have been met:
(i) within 6 months of entering the UK (if granted entry clearance and there is evidence to establish your date of entry) or, in any case within six months from the date your last leave was granted, and
(ii) within the three months before the date of application 20 Points
Answer:
A-Current Appoint Report.
B-Companies Filling History.
C- Company Current Info.



3) You have:
(a) Established a new business or businesses that has or have created the equivalent of at least 2 new full time jobs for settled workers, 20 Points
Answer
1-Passports/IDS copy of settled Persons.
2- Duplicate Payslips.
3- P60s.
4- P11 – Deduction Working Sheet.
5- RTI/FPS along with HMRC letter of Paye and Account office Reference Number.
6- P32 along with HMRC Invoices of Paye and Tax.
7- Please see the attached Separate Job Table Sheet for Job Combination.

4) (a) You have spent a continuous period of 5 years lawfully in the UK with leave as a Tier 1 (Entrepreneur) migrant, 15 Points

Answer
1- Passports Attached. (I have no absence on Tier 1 Visa)

5) When you apply for settlement you are required to show that you have knowledge of life and language in the United Kingdom before you can be granted (unless you fall under an exemption). You can demonstrate this by passing both the Life in the UK Test and holding an English speaking and listening qualification at level B1 or above (please note: both Academic and General training are acceptable).
Answer
1- Original Pass Notification Letter.
(Life in the UK Test)
2- Original Academic Transcript and Original Degree of MBA from University UK. (English Language).

6) A certain amount of funds to support yourself (and any dependants) in the UK.
Answer
1- Three months Payslips of Applicant.
2- Lloyds Bank 90 days Statement.

Thanks in Advance.