Tier 1 Ent to ILR - Set O help

[10020132]

Hi
Spoke to my Ent team member today about all this. And he told me that he already has one employee in his business since 1st Nov working 30 hours per week (But thats another business)

Can I combine those 9 weeks with my ones considering thats a separate business but he is my ent team member?

[marcnath]

Hi
Spoke to my Ent team member today about all this. And he told me that he already has one employee in his business since 1st Nov working 30 hours per week (But thats another business)

Can I combine those 9 weeks with my ones considering thats a separate business but he is my ent team member?

Are you a Director of that business also ?
What has been using for his renewal and ILR ?

[10020132]

Yes I am the director of that business but I dont take any salaray or dont to go that business at all. No participation at all. Just registered as director
But he is NOT my partner in my business

But what i know is that for ent team member, one does not need to be a director of the other person's business to claim points as I was NOT director at the time of our extension but still I claimed points for Investment in his business. Sorry if I am wrong again

"What has been using for his renewal and ILR ?"
I didn't understand what you meant by this. Sorry

[marcnath]

Yes I am the director of that business but I dont take any salaray or dont to go that business at all. No participation at all. Just registered as director
But he is NOT my partner in my business

But what i know is that for ent team member, one does not need to be a director of the other person's business to claim points as I was NOT director at the time of our extension but still I claimed points for Investment in his business. Sorry if I am wrong again

"What has been using for his renewal and ILR ?"
I didn't understand what you meant by this. Sorry

The requirements are different for investment and job creation.

For investment, you don't need to be a Director.

But for Job Creation, you can only use jobs created at the time you were a Director. So, if you just joined as Director, you can't use the existing jobs in that business - it has to be new jobs created after you joined.

Having said that, the rules and guidelines only state that you can share the other entrepreneur's investment and job creation, so there is some possibility that it may be accepted.

This is the first time you indicated you were part of the team. So I was wondering about what the immigration status of the other team member is and what evidence he/she has been using for his/her own ILR ?

[10020132]

We are a team of two. He made his own investment and I got points for it at extension without being director. His business was in loss so he closed it. And started another one. I am director of this one which started in sep 2017 and the employee joined in Nov 2017 so yes its created after I joined

He is not hiring anyone with immigration perspective as he thinks that he can claim points from my business which he is not director or partner of. Which i though was right as well as we did the same thing thing at time of wxtension

[marcnath]

We are a team of two. He made his own investment and I got points for it at extension without being director. His business was in loss so he closed it. And started another one. I am director of this one which started in sep 2017 and the employee joined in Nov 2017 so yes its created after I joined

He is not hiring anyone with immigration perspective as he thinks that he can claim points from my business which he is not director or partner of. Which i though was right as well as we did the same thing thing at time of wxtension

So you can definitely claim employment from the other business if you were a Director. So that solves your problem.
I assume his timeline is the same and so he is applying for his ILR next week also ?
If both of your are applying at the same time and mention each other as a team member, you should be able to share the Job Creation. Was the scenario the same on the first extension ? Did he use jobs in your business of which he was not a Director ?
The intention of the Team T1E was, I believe, meant for people doing business together. But the rules have not been drawn up to prevent it being used for separate businesses.

[10020132]

Ok. Thanks ever so much
I will still fill up my job tables and confirm it with you to make sure that I am combining the right jobs in the right order. Thanks in advance

And yes he claimed all job creation points at the time of extension for which he was never ever related in any way at all. But he got his extension approved smoothly (like me) within 4 weeks

[10020132]

Sorry I missed one part before and I confirm that yes he is applying for his ilr next week and we are mentioning one another in our application as team member and hopefully he will get job creation points this time as well

[10020132]

So, its all sorted now in terms of employee weeks. Now, i need a bit of help in filling employee table on the form

So, my employee record is as follows:

employee A 26 FT and 00 PT
employee B 22 FT and 19 PT
employee C 24 FT and 27 PT
employee D 09 FT and 00 PT

How will I fill up the job table now? As in, should I just say employee A as Job 1 & employee B as job 2 and combine them. And then, employee C as job 3 and employee D as job 4 and combine them

OR

should I just say Job 1 as Employee A and Employee C (as employee C started work the date employee A left the job) & job 2 as Employee B and employee D

Will that be okay because I don't want to get into trouble of simple form filling mistake (I am pre-April 2014)

[marcnath]

Since you are pre-April 2014, I don't think it matters too much.
But I think it is easier if you list it as 6 different jobs (splitting FT and PT as separate jobs). That, I think, is the best way to meet the requirement of showing which PT jobs are combined.

For example, "employee A as Job 1 & employee B as job 2 and combine them" is does not make sense as employee A is FT.

[10020132]

I am thinking to combine it like

Job 1

Employee A 26 weeks @30 hours per week (26 FT)
Employee C 24 weeks @30 hours per week (24 FT)
Employee C 4 weeks @ 25 hours per week (2 FT)

This makes one complete job 1 (52 FT weeks)

Job 2

Employee B 22 weeks @ 30 hours per week (22 FT)
Employee B 19 weeks @ 20 hours per week (9.5 FT)
Employee C 23 weeks @ 25 hours per week (11.5)

This makes 43 weeks Ft

Job 3
Employee D 9 weeks @ 30 hours per week (9 FT)

Combine Job 2 & 3

Will this combo be okay now?

[regularuser]

Hi

I was going through your post and found " And I don't have any settled employees at the moment - I just have self-employed "workers"

I don't understand what does mean "self employed workers".

????

[10020132]

Self employed workers dont qualify for job creation at all
There are many differences in terms of holiday pay or work rights etc but a clear cut to identify is that self employed are the ones who give you invoice and you pay them where as employed are the one for whom you run payroll and deduct ni ans tax

[10020132]

Now if you have any other question please start your own topic and let someone reply on my actual question?

I am thinking to combine it like

Job 1

Employee A 26 weeks @30 hours per week (26 FT)
Employee C 24 weeks @30 hours per week (24 FT)
Employee C 4 weeks @ 25 hours per week (2 FT)

This makes one complete job 1 (52 FT weeks)

Job 2

Employee B 22 weeks @ 30 hours per week (22 FT)
Employee B 19 weeks @ 20 hours per week (9.5 FT)
Employee C 23 weeks @ 25 hours per week (11.5)

This makes 43 weeks Ft

Job 3
Employee D 9 weeks @ 30 hours per week (9 FT)

Combine Job 2 & 3

Will this combo be okay now?

[regularuser]

By the way I have my own post here and just to head up as you wrote in your post:

"Thanks for the response and the time you are spending to help me out.
Unfortunately, running the payroll and splitting the payslips now would do more harm than good as in FPS it will clearly show the date of submission to be one week before application which will create even bigger problem. And I don't have any settled employees at the moment - I just have self-employed "workers"

[10020132]

Hi marcanth

Can you please help with this one as due to multiple posts of this guy, my actual post with which I need help is going up and up

Now if you have any other question please start your own topic and let someone reply on my actual question?

I am thinking to combine it like

Job 1

Employee A 26 weeks @30 hours per week (26 FT)
Employee C 24 weeks @30 hours per week (24 FT)
Employee C 4 weeks @ 25 hours per week (2 FT)

This makes one complete job 1 (52 FT weeks)

Job 2

Employee B 22 weeks @ 30 hours per week (22 FT)
Employee B 19 weeks @ 20 hours per week (9.5 FT)
Employee C 23 weeks @ 25 hours per week (11.5)

This makes 43 weeks Ft

Job 3
Employee D 9 weeks @ 30 hours per week (9 FT)

Combine Job 2 & 3

Will this combo be okay now?

[marcnath]

There are no clear right and wrong answers.

The reason I did not respond to your earlier post is because I had already suggested twice what my personal opinion is on how you fill the Job Table.

Since you decided you wanted to do it differently, I assumed you were looking from some other members to comment.


If you have read the form, the Job Table (pg 46) says "If this job is being combined with another job to make equivalent of 1 full time job, indicate which job:"

I read that to mean that the job it would refer to would be a PT time. However, you seem to want to combine Job 3, which is already a FT job. So I can't make sense of the way you have presented it.

[CR001]

Now if you have any other question please start your own topic and let someone reply on my actual question?

Can you please help with this one as due to multiple posts of this guy, my actual post with which I need help is going up and up

There really is no need to be so rude towards user 'regularuser' who asked a very valid question on your workers you claim are self employed and therefore not employed directly by you and you have stated yourself that you have no 'settled' workers.

You have also, tagged a question asking for advice on another members topic recently.
uk-tier-1-entrepreneur-visas/decision-t ... l#p1579328

[10020132]

The reason why I suggested another way is because what i thought was that when i comebine two jobs they should make equivalent of 1 Job
But when I write six separate jobs how will I combine to make it equal to 1 FT. Thats what I am confused about

[marcnath]

The reason why I suggested another way is because what i thought was that when i comebine two jobs they should make equivalent of 1 Job
But when I write six separate jobs how will I combine to make it equal to 1 FT. Thats what I am confused about

You seem to have misunderstood it.
It did not say you need to show Job combination to have 1 FT job of 12 months duration.
You just have to show which PT jobs need to be combined to make the EQUIVALENT of 1 FT job (the length of the job is irrelevant for pre-April 2014).

[10020132]

Ok
So I will have 4 FT jobs written separately not combined with anything
And then 2 PT jobs combined together

Thanks - much appreciate your help
You have been wonderful
Hats off to you !!!

[10020132]

I did answer his valid question to the best of my knowledge
And I asked him politely to ask his question in his own topic as I was advised when i asked a VALID question in someone's else topic. Why canmt we have one rule for all?

Now if you have any other question please start your own topic and let someone reply on my actual question?

Can you please help with this one as due to multiple posts of this guy, my actual post with which I need help is going up and up

There really is no need to be so rude towards user 'regularuser' who asked a very valid question on your workers you claim are self employed and therefore not employed directly by you and you have stated yourself that you have no 'settled' workers.

You have also, tagged a question asking for advice on another members topic recently.
uk-tier-1-entrepreneur-visas/decision-t ... l#p1579328

[CR001]

I did answer his valid question to the best of my knowledge
And I asked him politely to ask his question in his own topic as I was advised when i asked a VALID question in someone's else topic. Why canmt we have one rule for all?

Now if you have any other question please start your own topic and let someone reply on my actual question?

Can you please help with this one as due to multiple posts of this guy, my actual post with which I need help is going up and up

There really is no need to be so rude towards user 'regularuser' who asked a very valid question on your workers you claim are self employed and therefore not employed directly by you and you have stated yourself that you have no 'settled' workers.

You have also, tagged a question asking for advice on another members topic recently.
uk-tier-1-entrepreneur-visas/decision-t ... l#p1579328

Your tone and posts are rude. The user wasn't asking for advice but trying to understand a comment you had posted and what exactly it is you meant by 'self employed worker' and he has not posted 'multiple posts of this guy' in your topic!!

You were asked in the topic you tagged onto to continue in this topic you already had.

[10020132]

HI marcnath

I have successfully submitted my application and I am writing to thank you for your tremendous support

I have few more queries that have come up now as someone told me that I have made some mistakes in my application so if you can guide me so that i can rectify them before any news

Do I need to sign wage slips and fps and payment summaries?

Should each fps have the employee start date? As the software that I use does not have employee start date on each fps rather ti just have it on the first fps where employee started working (and i have submitted that?

Is accountant letter required for job creation?

Do I need to send the statement of last 5 years as to how much tax I have paid so far?

Also, I have just submitted the last year's tax return. Did I have to submit last 3 years/5 years tax returns with SA302?

Lastly, do I have to submit P45/P60?

Please reply me as I am really worried now after someone told me that I had to do these things as well which I didn't

[marcnath]

Do I need to sign wage slips and fps and payment summaries?

No, that was a very old requirement - it is not needed unless you have joined a business (payment summary is also only needed for joining business)

Should each fps have the employee start date? As the software that I use does not have employee start date on each fps rather ti just have it on the first fps where employee started working (and i have submitted that?

No, you just need the start date in any of the FPS - so you have met the requirement.

Is accountant letter required for job creation?

Again, only if you have joined an existing business. Not needed for new businesses.

Do I need to send the statement of last 5 years as to how much tax I have paid so far?

No

Also, I have just submitted the last year's tax return. Did I have to submit last 3 years/5 years tax returns with SA302?

Is that the company's tax returns ? Just one is sufficient. Why SA302 ? There has never been a requirement for personal tax returns.

Lastly, do I have to submit P45/P60?

No.