Hi everyone and moderator .
I applied my Tier 1 Ent visa 200k before 1 April 2014 by post and got stamped end of may 2014 .
I have two questions if someone can answer please.
I run IT company and few clients and now they are increasing .
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1) Job Creation :
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https://www.gov.uk/government/uploads/s ... 1_2016.pdf
158. If you have established new businesses, those businesses must have, between them, created the equivalent of 2 extra full-time paid jobs for at least 2 people who are settled in the UK and those jobs must have existed for at least 12 months each.
160. We consider a 30-hour working week to be full-time.
164. A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year) providing it is the same job (different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period), and the jobs need not exist at the date of application, provided they have existed for 12 months.
166. Only employees of your business will qualify. Self-employed contractors who are working for your business will not qualify for the award of points.
Pre 6 April 2014 transitional arrangement (This is for me as I applied before 6 April 2014 by post)
169. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a 5 year settlement application, you may continue to employ:
one worker for 24 months
one worker for 6 months and one for 18 months
4 workers for 6 months each
and score points for job creation.
Post 6 April 2014
167. If you successfully applied for entry clearance or switched into the route from 6 April 2014, the employment must:
be for at least 2 separate jobs;
exist for at least a full 12 months each.
Examples
The following can be considered as acceptable employment:
the hours of workers in 2 part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the 2 part-time jobs exist for 12 months. By way of an example, it could be that one employee worked 20 hours in one part-time job; Another employee worked 10 hours in another part-time job; If they have both been employed for at least 12 months, they can be combined to make one full-time job. If you are combining jobs in this way, you must make it clear in your application which employees/jobs are being used;
within the same job, another worker can replace a worker who is employed for part of a year and then leaves the job, 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. If you are combining workers within the same job, you must make it clear in your application which employees are being used.
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Q1)
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I had an employee for 5 months she want on maternity leave for one year now she came back and it will be 5 more months all together it will be 10 months before extension.
My question is now we started selling IT hardware equipment business is growing and need more people if I get 10 people for two months then in theory I will have 10x2 =20 months + 10 months for the existing employee(justification is business have grown since and definitely need more employees to run business smooth ) . Will I qualify 24 months Full time jobs . Bear in mind that I applied before 1 April 2014 but got stamped end of may 2014.
can I hire more than 10 people to satisfy this before two months of my extension ( I am not planning to say them goodbye I want to recruit more in the future.)
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2. Investment of funds
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https://www.gov.uk/government/uploads/s ... 1_2016.pdf
132. You must show that either the full amount of £200,000 or of £50,000 if appropriate, in cash has been invested in business in the UK.
137. The amount of money invested should not:
Include the value of any residential accommodation or property development or property management; or
be in the form of a director’s loan, unless it is unsecured and is subordinated in favour of the third-party creditors.
Evidence to show how much has been invested
138. You must provide all the appropriate specified documents needed to establish the amount you have already invested from the following list.
i. Audited accounts
Registered companies that are required to produce audited accounts must do so. For information on who needs to produce these accounts please refer to the life of a company page of GOV.UK.
ii. Unaudited accounts and an accountant’s certificate of confirmation
Businesses that are not required to produce audited accounts must provide:
unaudited accounts, sometimes called management accounts; and
an accounts compilation report from a suitably regulated accountant who is not you (the applicant).
The accounts compilation report is a service whereby practitioners compile accounts for the company directors who are responsible for the preparation of the financial statements and for being satisfied they give a true and fair view. The accounts compilation report explains how practitioners have helped the directors prepare the accounts.
iii. Director’s loan
If you have made the investment in the form of a director’s loan, it must be shown in both the relevant set of financial accounts provided and through readily identifiable transactions in the applicant’s business bank statement(s). The statement(s) must clearly show the transfer of this money from you to your business. You must also provide a legal agreement, between you (in the name that appears on your application for leave) and the company.
This agreement must show:
the terms of the loan;
any interest that is payable;
the period of the loan; and
that the loan is unsecured and subordinated in favour of third-party creditors.
If it is not clear from the information provided that the loan is unsecured and subordinated in favour of third-party creditors, we will not accept the loan for the award of points.
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Q2)
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Second question if I put now from my personal account to business account 200k . Since I have two months left if I might be able to spend 50k or more and rest money stays inside business account (I have no intention to take that ) and will spend with time . Will that be considered investment and will I be able to get points , considering all the money will be used for business in future .
I appreciate moderators and other guys response . Have a nice day .
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