TIER 1 EXTENSION APPLICANTS PLEASE JOIN HERE

[bubbly123]

Hello

For my business I buy raw materials from India and design and manufacture the final product in uk so my question is the money used to buy raw materials in India will be considered as investment or the home office wants us to do the purchase in uk or eu which works out really expensive for my business.

Also please tell me what are the acceptable and unacceptable investments by ukba

Thank you very much

[cappachino]

Not sure
But my guess is that as u r importing the goods it should be classified as investment

[dalaremal]

[quote="MTZ510"]You can transfer the funds when ever required. but by the time extension is due you should have invested all your funds.

[quote="dalaremal"][quote][/quote][/code][/quote]I think you should transfer it to your business account asap. I got visa last month and I already transferred almost 30% of the investment in my account. [/quote][quote][/quote]


Thanks for making it clear!
Is it possible that I transfer 30% now (and after sometimes when I invest this 30% in my business), I transfer the remaining 70%?
Please![/quote][/quote]


Does salaries of the employees are counted towards the investment? please!

[confused90]

Does salaries of the employees are counted towards the investment? please!

Yes, it does

[dalaremal]

[quote="confused90"][quote="dalaremal"]

Does salaries of the employees are counted towards the investment? please![/quote]

Yes, it does[/quote]

Thanks for your prompt reply. Could anybody share where can we find this information please? I could not find it in policy guidance though!

[tier1tier1tier1]

Hello Friends

After we got visa, we have transfered 30% of our personal founds to our personal account in uk and then transfered them into our business account.
currently we are exporting uk products to asian countries. with our investment we are buying products here and exporting them to asia.
business is doing good. we have filed our first financial returns also with the help of professional accountant. and currently exploying 2 employees.
Our question is like: currently we have invested only 70% of our persoanl money into our business.
But we have sold more than £ 600K products now. And we are paid by our over seas buyers.
Does amount paid by the buyers is consider as investment? or the money from our personal account to business account will be considered as investment.

Please help us.

[attahaas]

Hello Friends

After we got visa, we have transfered 30% of our personal founds to our personal account in uk and then transfered them into our business account.
currently we are exporting uk products to asian countries. with our investment we are buying products here and exporting them to asia.
business is doing good. we have filed our first financial returns also with the help of professional accountant. and currently exploying 2 employees.
Our question is like: currently we have invested only 70% of our persoanl money into our business.
But we have sold more than £ 600K products now. And we are paid by our over seas buyers.
Does amount paid by the buyers is consider as investment? or the money from our personal account to business account will be considered as investment.

Please help us.

Money that comes from your business clients/customers is REVENUE, NOT investment. If you have profits at the end of the year, you can declare dividend from that profit, transfer it into your personal accounts and reinvest that money into your business and that will qualify as "investment".

I hope your 2 employees are "settled persons" or British nationals or EEA nationals.

You seem to be doing good so far with your business. Nevertheless, all the best!.

[whiteroses]

I have a question for everyone here who has applied for extension.
Before applying for extension, did you spend all the money? As in, you didn't just inject cash into the business, but used the entire amount for expenses/purchase of capital/wages, etc (excluding your own salary)?

Thanks in advance!

[mdm]

Hello All,

I am at the moment on tier 1 entrepreneur visa 200k investment.
I applied in december 2012
Got visa in may 2013
Now my question is about toeic.I have provided at the time of application my toeic certificate but as you guys know that toeic is now not been approved language test so what should we do now?
For me its a big question but no body is discussing about this issue.I heard that HO is sending letters to students about this and curtailing Their visas and sending them back because they provide toeic at the time of application.

What about our category????
my extension is due in may 2016.

Waiting for comments on my above mentioned problem.

[samaygrg]

Hello! Would be glad if someone could help me with director's loan agreement. Just to clarify few questions.

1) I(as probably many of us) am the director and owner of a company. Now I want to transfer my investment funds to business account. To do so we're required to sign a directors loan agreement. Agreements are normally signed by 2 parties. In our case we represent both of them- director(lender) and company(borrower). Should I sign the agreement on behalf of both parties or what?

2) According to policy guidance the agreement should show:

terms of the loan (are there any specific terms that I should include?)
and

the period of the loan. What period will be best for HO?

If someone has already resolved these issues, please help. As it's time for me to transfer cash and hire staff and I want to make it 100% correct to avoid misunderstandings in the future.

1. Yes, in both the director is signing as a person lender and as an organization borrower. My solicitor suggested me to keep witnesses, therein.
2. I think 5 yrs sounds more convincing and we can take some reasonable interest of the loan.

[samaygrg]

i found this under : http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245DF. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) DELETED

(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(c) The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.

(d) The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.

(e) The applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded.

===================================

According to this, if we meet normal extension criteria then we are also eligible for indefinite leave to remain.

Please confirm.

Yes, at the end of completion of whole 5 years [3 yrs initial + 2 yrs extension] of T1E Visa.

[samaygrg]

(b) 3 years if the applicant has:

(i) established a new UK business that has had an income from business activity of at least £5 million during a 3 year period

in which the applicant has had leave as a Tier 1 (Entrepreneur) Migrant, or

(ii) taken over or invested in an existing UK business and his services or investment have resulted in a net increase in income from business activity to that business of £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) Migrant, when compared to the immediately preceding 3 year period,

or

(c) 5 years in all other cases.

Time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man in a category equivalent to the categories set out above may be included in the continuous period of lawful residence, provided the most recent period of leave was as a Tier 1 (Entrepreneur) Migrant in the UK. In any such case, the applicant must have absences from the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man (as the case may be) of no more than 180 days in any 12 calendar months during the specified continuous period.

==================================
Please confirm :
income from business activity of at least £5 million during a 3 year period

is it like our profit after 3 yrs must be above 5miliion ? or total business turn over.

It's business turnover.

[live4pride]

Guys a very quick question, if someone can help:

I have a Tier 1 enterpreneur visa applied through 50K PSW route. Lets say for example, I have started an IT company – XYZ Solutions Ltd

Company provides IT Support Services to small and medium sized businesses (this is NQF Level 4 and above – so no problem)

Company also provides Web Designing and Development services (this is NQF Level 4 and above – so no problem)

Company also buys and sells IT equipments (trading) – for example laptops, desktops, printers, smart phones, parts and spares, etc. Company buys it, refurbishes it and then sells it on for a very small profit (This is the problem as this is below NFQ Level 4)

Company would be investing atleast 90% of investment funds (which is 45K) in buying IT equipments and then selling it on later for some profit. And the remaning 10% would be invested on other aspects of business like renting an office, buying a company car, expenses, marketing, website, etc.

As you can all appreciate, the company cannot just provide IT support services, or just web development services. The company has a very few clients at present so the company is hunting for other aspects within the business so it can keep the employees busy all the time.

In short, XYZ Solutions Ltd provides complete IT Support services, web designing and development, buy and sell IT equipments and so on.

So my question is “will I face any problem during extension”
“Can my visa be refused stating that the business is not at level 4 or above”

Any comments would be highly appreciated.
All comments welcome
Thank you guys and God Bless You all

I have similar question!! does the level of job matter or we can switch to any other form of business? or say start entirely new business side by side as well??

[Humv]

Hi Guys,

My Tier 1 Ent extension is due in March this year.

Can anyone tell me if we have to send Business Insurance documents with the application?

Is it a mandatory requirement? or we should have in case they request it?

I only bought public liability insurance this year. Just bit worried if that will affect my application.

Any thoughts please? Your help will be much appreciated.

Many Thanks

[cappachino]

No I don't think it is mandatory.
But they can ask if they have doubts as to the genuineness of the business.

[Humv]

No I don't think it is mandatory.
But they can ask if they have doubts as to the genuineness of the business.

Thanks Cappuccino. I thought so too.

[zimba]

Hi Guys,

My Tier 1 Ent extension is due in March this year.

Can anyone tell me if we have to send Business Insurance documents with the application?

Is it a mandatory requirement? or we should have in case they request it?

I only bought public liability insurance this year. Just bit worried if that will affect my application.

Any thoughts please? Your help will be much appreciated.

Many Thanks

Based on current Immigration rules, you do not need to provide insurance documents as part of your T1 Ent extension application. However since HO introduced Genuineness test for extension/ILR applications, you could be challenged if you do not have a business insurance which is legally required. The most important insurance is Employers’ liability insurance which is required by law when you employ someone. If you deal with public, you also better get Public liability insurance however this is not required by law.
You also need to get required insurance for your premises, company car and assets if applicable.
There are also other industry specific insurance policies you need for example if you are an accountant, or you provide legal advice, or transport, etc.

[Humv]

Thanks Zimba.

One more question;
Is direcor loan agreement mandatory?
What if i have invested money as share capital?

[zimba]

Thanks Zimba.

One more question;
Is direcor loan agreement mandatory?
What if i have invested money as share capital?

Only If you invest cash in your company, the loan agreement is mandatory for award of points.
However If you buy shares, you need to issue share certificates and your company accounts must show you as the buyer. also you need to show the number of shares you bought and how much each share you paid on the certificate.
If you buy shares, it is not easy to transfer the money back to yourself any more. You have to sell your shares to get the cash back and potentially pay taxes on any capital gains.

[Humv]

Thanks Zimba.

Sorry I keep on bombarding you with questions. One last thing

Just need a bit of clarifications on employees' working hours.

So I have 3 employees in total. 2 part times 15 hours/week for two years.
One 30 hours/week for 1 year. I pay them all on monthly basis.

Now when I calculate hours for say part time employee; on monthly payslip it shows 60 hours. so for 12 months it will be 60*12=720 hours in total. Is it correct?

[zimba]

Thanks Zimba.

Sorry I keep on bombarding you with questions. One last thing

Just need a bit of clarifications on employees' working hours.

So I have 3 employees in total. 2 part times 15 hours/week for two years.
One 30 hours/week for 1 year. I pay them all on monthly basis.

Now when I calculate hours for say part time employee; on monthly payslip it shows 60 hours. so for 12 months it will be 60*12=720 hours in total. Is it correct?

The hours worked are calculated on weekly basis, 30+ hours a week is full time and anything less is considered part time. A part time employee working let's say 15 hours a week will work 52 weeks a year x 15 hours per week = 780 hours total in a year. So for two employees working 15hours/week you get 780 hours X 2 = 1560 hours in total in a year. Your full-time employee also works 30 hours a week x 52 weeks a year = 1560 hours. So now you have 3120 hours of work covered which is the min time required for the award of points towards job creation (if you were granted visa before 6 April 2014 covered by transitional arrangements )

[Humv]

I was granted visa in 2013.

So basically, if I have covered 3120 hours worked in total between 3 employees it should be fine?

[zimba]

I was granted visa in 2013.

So basically, if I have covered 3120 hours worked in total between 3 employees it should be fine?

Yes, if granted visa before 6 April 2014, you simply need to create equivalent of two full time jobs (min 3120 hours covered) and paid at least min wage. For example this cloud be one person working 2 years or 4 people working part-time for 1 year, ... etc. The payslips and employee payment report must show that they were paid the hourly rate for the hours you are claiming.

[kunleoyewo]

Hi Guys,

Can someone please confirm if it's necessary to include Business Plan document in my extension application as an artefact of investment made? I paid a consultant to write it, hence why I'm asking. Is it worth it or not please?

By the way, my extension is due in March 2016. Anyone planning to apply for extension around this period can hit me up for ideas on what to tidy up and put in place.

I look forward to your favourable suggestions.

Kind regards,
Kunle

[zimba]

Hi Guys,

Can someone please confirm if it's necessary to include Business Plan document in my extension application as an artefact of investment made? I paid a consultant to write it, hence why I'm asking. Is it worth it or not please?

By the way, my extension is due in March 2016. Anyone planning to apply for extension around this period can hit me up for ideas on what to tidy up and put in place.

I look forward to your favourable suggestions.

Kind regards,
Kunle

Not required but you can include it if you would like to. They will decide your application without considering it but it might help during genuine test.