Extension Documents

[Emirates]

Respected members.

I have seen few refusals here on Fps start date not mentioned which forced me to look at my documents again and I have noticed that the start and end dates of most of the employees claimed for are mentioned but due to system error of accountant one of the employees start date not mentioned on Fps if I be more precise I will give you breakdown

1 full time job is made up of combination of 2 employees
Mr A started on 06/03/2016 left in 31/10/2016 and then Mr B started 01/11/2016 who is still working and the start and leaver dates are mentioned on Fps. Now I think 1st job is fine

2 full time job is made from the combination of 2 part-time employees. Mr C started 06/02/16 start date mentioned on Fps still working and Mr D started 13/04/2016 but due to system error start date not showing on the Fps but due to some strange reason Mr D is showing on previous year under heading Not Paid then name of employee. Looks like mistake when the accountant input employee Mr D. Now this is the only problem with Employee D do I need to ask.my accountant to make amendments as that would mean they need to change HMRC records and shall I send home office the amended RTI as P-60, P11 and P45 plus wage slips and Rti submitted already with the application.

Also one of the employee is from romania only got Id card but I had his provisional driving liscense from Uk will that be acceptable as a valid Id for the employee.

I am very thankfull to you all in advance.

Thanks.

[marcnath]

2 full time job is made from the combination of 2 part-time employees. Mr C started 06/02/16 start date mentioned on Fps still working and Mr D started 13/04/2016 but due to system error start date not showing on the Fps but due to some strange reason Mr D is showing on previous year under heading Not Paid then name of employee. Looks like mistake when the accountant input employee Mr D. Now this is the only problem with Employee D do I need to ask.my accountant to make amendments as that would mean they need to change HMRC records and shall I send home office the amended RTI as P-60, P11 and P45 plus wage slips and Rti submitted already with the application.

What is the date on the FPS for Mr. D - is it still 13/4/2016 ? If so, it is not an issue.

Also one of the employee is from romania only got Id card but I had his provisional driving liscense from Uk will that be acceptable as a valid Id for the employee.

ID and provisional driving licence are not included as acceptable ID as per immigration rules. The rules specify "the biometric data page of a passport containing their photograph and personal details, or a UK registration certificate/permanent residence document;"

I believe your employee can apply for a registration certificate at https://visas-immigration.service.gov.uk/product/eea-qp. However, that page clearly says they don't need to but I am not sure if it will still accept the application.

[sm12]

Just to confirm, you have already applied, is that correct?
When did you apply?

The start date FPS is mandatory, so yes, you should definitely send the amended FPS. Hopefully, the HO will consider it. From what you've written, it sounds like the start date that was added to the software was from the previous period.
Send it to the address where the biometric letter was sent from. I think it's the Sheffield one.

Also, do you mean you sent the Romanian employee's national identity card? I think that should be ok (not sure), but driving licences are not accepted as proof of right to work in the UK unfortunately.
I remember there was a member here who successfully got extension and used an ID card to show his employee was from the EU.

[Emirates]

Hi Marcnath.

The Fps is not showing start date of employee D. The employee D is due to strange reasons showing on previous Year FPS 2015-2016 but under Not Paid heading.

[Emirates]

Hi Sm12

Yes I have applied on 21/04/2017. It is 6 months now. Had complex letter on 26/05/2017.

Yes I have mentioned this to my accountant and he was not sure why employee D is showing on previous year might b admin error from his employee as he is showing in previous year that is why the Fps not showing start date of employee D.
I am just worried that if I ask my accountant to.change the dates then he need to amended the Rti and Fps already submitted and home office might b suspicious on me on this.

Thanks

[marcnath]

Hi Marcnath.

The Fps is not showing start date of employee D. The employee D is due to strange reasons showing on previous Year FPS 2015-2016 but under Not Paid heading.

Ok. So I guess the employee turned up in March 16 FPS instead of April 16 FPS. That typically happens if the accountant had input the information about the new employee before he submitted the March FPS - which is quite likely if you had completed the hiring and provided that info in March. But even then the date of start should have been there as 13th April.

It would be a good idea to generate a new FPS if possible. Alternatively send in a letter explaining the situation and point to any additional documents that have a start date. There is some argument for the CW to use discretion under 245AA(d).

[sm12]

Hi Sm12

Yes I have applied on 21/04/2017. It is 6 months now. Had complex letter on 26/05/2017.

Yes I have mentioned this to my accountant and he was not sure why employee D is showing on previous year might b admin error from his employee as he is showing in previous year that is why the Fps not showing start date of employee D.
I am just worried that if I ask my accountant to.change the dates then he need to amended the Rti and Fps already submitted and home office might b suspicious on me on this.

Thanks

Ask your accountant to check the FPS documents from the previous tax year.
Did you put his start date as April 2016 in the application form? If so, then it is unlikely that the HO would view the situation as suspicious. As Marcnath suggested, you should write a letter to accompany the documents, to explain the issue.

[Emirates]

Yes the date on the form is 13/042017 but the error is only on Fps and due to strange reason her name apperaing year before under the heading not paid but not as an employee. As we didnt recruited in 2015. He was recruited in march but after her complaice checks n refrence checks he started 13/04/2016. Accountant saying do not send anything dont know why. He is saying this will create more confusion and can draw the attention of CW towards this. Confused now

[sm12]

The caseworkers specifically check for this information (the start date), so it's not a question of whether the caseworker will check for this information. The caseworkers check for this information in all cases because they have to check that your employees were actually employed for the stated number of months.
You should send the required document asap.

[Emirates]

Thanks sm12

I have called my accountant again. He said he provided me with the starter checklist which was submitted with application to cover this. And insisting that this cannot be a reason of r3fusal on its own as they have enough evidences like starter checklist, wage slips and Rti etc looks like he is an lasy person and do not want to put in effort.

My question is if I force him to amend he will but then that would mean that we will need to amend whole Rti n Fps submitted with the case and might be negetive means drawing case workers attention towards this. I would highly appreciate any opinion on this. Thanks

[Emirates]

Also one more questions does it specify in the guidance that strat dates to me mentioned on the FPS as these are few things which we are not experts on and this is the acxountants job. Any reference to the extension guide is highly appreciated and will help others in the same position. Thanks again

[sm12]

It's up to you, but there have been refusals based on start date not being on the FPS reported on this board. If you have submitted the starter's checklist, you can wait and see, but I think you're better off providing the document.

[Emirates]

I agree with you Sm12. I am just in a position where me and you saying that need to be amended and swnt to HO where as accountant is lazy a**. I will organise meeting with him tmrw. Thanks

[marcnath]

Also one more questions does it specify in the guidance that strat dates to me mentioned on the FPS as these are few things which we are not experts on and this is the acxountants job. Any reference to the extension guide is highly appreciated and will help others in the same position. Thanks again

The immigration rules (https://www.gov.uk/guidance/immigration ... attributes) specify that start date should be in the FPS.
The relevant section is
(2) for reporting from 6 October 2013 onwards, printouts of Real Time-Full Payment Submissions which confirm the report of PAYE income tax to HMRC.
The evidence in (1) or (2) above must show the total payments made to the settled workers as well as the tax deducted and date which they started work with the applicant’s business;

So, it is clear that your submission does not meet the requirements laid out in the rule.

Then there is the Section 245AA (https://www.gov.uk/guidance/immigration ... adocuments), where it states:
(d) If the applicant has submitted a specified document:
(i) in the wrong format; or
(ii) which is a copy and not an original document; or
(iii) which does not contain all of the specified information, but the missing information is verifiable from:
(1) other documents submitted with the application; or
(2) the website of the organisation which issued the document; or
(3) the website of the appropriate regulatory body;
the decision maker may request the correct document under sub-paragraph (b), or may grant the application despite the error or omission, if satisfied that the specified documents are genuine and the applicant meets all the other requirements of the Rules.

This clause allows the CW (but does not force) to use the other documents such as starter checklist to satisfy the requirement. But the CW does not have to. If they reject due to the absence of start date, it will still be a valid decision.

There have been cases when an AR has been successful for a similar situation as yours based on 245AA(d). But it is not sure and so much better to have the document correct in the first place.

[Emirates]

Thanks Marcnarh.

Perfectly explained. I will be sending amended Fps and Rti.
I will show this evidence to my accountant as he is insisting dont send amended docs Ho as this will create confusion. I dont understand what he means from this.