Tier 1 Entrepreneur Visa , Transitional Arrangement ILR

[mshakeel2002]

Hello:
Thank you all...

1) Just like we have to show 2 jobs created BEFORE extension is granted and AFTER extension is granted (twice) to get ILR....i showed investment of 50K during first 3 years of T1 Entrepreneur visa to qualify for extension.... Do i have to show 50K investment during extension period as well again? to qualify for ILR?

2) Do i have to send company`s Financial accounts as well for ILR?

Many Thanks

[marcnath]

1) No
2) No

[seasky]

Hello:
Thank you all...

1) Just like we have to show 2 jobs created BEFORE extension is granted and AFTER extension is granted (twice) to get ILR....i showed investment of 50K during first 3 years of T1 Entrepreneur visa to qualify for extension.... Do i have to show 50K investment during extension period as well again? to qualify for ILR?

You do not, it was proven for extension

[mshakeel2002]

once an application is sent how many times it can be varied? is their a limit?

[mshakeel2002]

It seems like 2018 has lots of surprises for me.

I just found out my accountant backdated my FPS one month. I gave him all info via E-mail in November and asked him to please put employees on payroll, i even paid salaries into employees account which shows November, and even paid tax. but they appear in my December FPS as (abc employee started 1st November).

if i dont show november FPS then my job creation does not complete on time.....

Any Suggestions. do you think it does not matter or it will?

Please Advise.

[marcnath]

once an application is sent how many times it can be varied? is their a limit?

You can vary the application as many times as needed before a decision is made. However, remember that Varying means changing the purpose of the Visa - e.g. from T1E to T2, T2 to ILR and so on. So, I can't imagine a scenario where you have to vary an application multiple times.

[marcnath]

It seems like 2018 has lots of surprises for me.

I just found out my accountant backdated my FPS one month. I gave him all info via E-mail in November and asked him to please put employees on payroll, i even paid salaries into employees account which shows November, and even paid tax. but they appear in my December FPS as (abc employee started 1st November).

if i dont show november FPS then my job creation does not complete on time.....

Any Suggestions. do you think it does not matter or it will?

Please Advise.

If you are saying that both Nov and Dec real time submissions were done at the same time in Dec, it should not matter too much as long as the Dec FPS shows it is for two months (not sure if that is even possible).
But, if he has just combined the two months salary and submitted it as a single month's salary to HMRC, then you are short of 1 month.
If that is the case, I assume you have separate payslips anyway. You should write in to HO now attaching the payslips and FPS once again (maybe with a letter from your accountant) and explaining that it covers two months. I expect HO will be flexible and to accept it.

[mshakeel2002]

it looks like this in my FPS:

November FPS............... does not show any employee (submitted end of November)

December FPS............. shows Two employees started in 1st November.....Submitted end of December)

I have November salary slips as well and i sent salary to bank account of each employee as well in end november....

when i print employee payee record... it shows (remember my account told me this 02-12-17 is month of November)

Employee A
Pay Period Total Hours Total Hourly pay Rate 1 Rate1 hours Rate1 Pay
M08 02-12-17 169 963.3 5.7 169 963.3
M09 02-01-18 169 963.3 5.7 169 963.3
M10 02-02-18 169 963.3 5.7 169 963.3
M11 02-03-18 169 963.3 5.7 169 963.3

Employee B
Pay Period Total Hours Total Hourly Pay Rate1 Rate Rate1 Hours Rate1 Pay
M08 02-12-17 169 963.3 5.7 169 963.3
M09 02-01-18 169 963.3 5.7 169 963.3
M10 02-02-18 169 963.3 5.7 169 963.3
M11 02-03-18 169 963.3 5.7 169 963.3

Please advise

[mshakeel2002]

it looks like this in my FPS:

November FPS............... does not show any employee (submitted end of November)..shows only my name

December FPS............. shows Two employees started in 1st November.....Submitted end of December)

I have November salary slips as well and i sent salary to bank account of each employee as well in end november....

when i print employee payee record... it shows (remember my account told me this 02-12-17 is month of November)

Employee A
Pay Period.........Total Hours........Total Hourly pay....Rate 1..... Rate1 hours....Rate1 Pay
M08 02-12-17.......169................ 963.3............... 5.7...........169...............963.3
M09 02-01-18.......169................ 963.3............... 5.7...........169...............963.3
M10 02-02-18.......169................ 963.3............... 5.7...........169...............963.3
M11 02-03-18.......169................ 963.3............... 5.7...........169...............963.3

Employee B
Pay Period.........Total Hours........Total Hourly pay....Rate 1........ Rate1 hours....Rate1 Pay
M08 02-12-17.......169................ 963.3............... 5.7...........169...............963.3
M09 02-01-18.......169................ 963.3............... 5.7...........169...............963.3
M10 02-02-18.......169................ 963.3............... 5.7...........169...............963.3
M11 02-03-18.......169................ 963.3............... 5.7...........169...............963.3

Please advise

[marcnath]

it looks like this in my FPS:

November FPS............... does not show any employee (submitted end of November)

December FPS............. shows Two employees started in 1st November.....Submitted end of December)

I have November salary slips as well and i sent salary to bank account of each employee as well in end november....

when i print employee payee record... it shows (remember my account told me this 02-12-17 is month of November)

Employee A
Pay Period Total Hours Total Hourly pay Rate 1 Rate1 hours Rate1 Pay
M08 02-12-17 169 963.3 5.7 169 963.3
M09 02-01-18 169 963.3 5.7 169 963.3
M10 02-02-18 169 963.3 5.7 169 963.3
M11 02-03-18 169 963.3 5.7 169 963.3

Employee B
Pay Period Total Hours Total Hourly Pay Rate1 Rate Rate1 Hours Rate1 Pay
M08 02-12-17 169 963.3 5.7 169 963.3
M09 02-01-18 169 963.3 5.7 169 963.3
M10 02-02-18 169 963.3 5.7 169 963.3
M11 02-03-18 169 963.3 5.7 169 963.3

Please advise

I think it should be ok. I am assuming the DEC FPS then shows two months pay for each employee and does not show it separately.

So, effectively, the Gross pay in the Dec FPS is about twice the Gross Pay in other month's FPS.

It should not be a problem, but it will be a good idea to send in a letter as I explained before.

[mshakeel2002]

Hi:
I just noticed something


Novmber FPS
TOP SECTION SAYS....
Employee......Total Payments......Tax Deducted.....Employee NIC......Net Pay.......Employer NIC
ME(The Director).....1,015.45................51.....................64.25................1,094.20.........73.89
Employee A..............963.3.................0.8.....................34..................924.71
Employee B..............963.3.................0.8....................34..................924.71

But in Bottom Section of this FPS it does not say that
Starters:
Employee A
Employee B



instead in December FPS it says
Starters
Employee A (started 1st Nov)
Employee B (Started 1st Nov)

Please advise
thanks

[marcnath]

Hi:
I just noticed something


Novmber FPS
TOP SECTION SAYS....
Employee......Total Payments......Tax Deducted.....Employee NIC......Net Pay.......Employer NIC
ME(The Director).....1,015.45................51.....................64.25................1,094.20.........73.89
Employee A..............963.3.................0.8.....................34..................924.71
Employee B..............963.3.................0.8....................34..................924.71

But in Bottom Section of this FPS it does not say that
Starters:
Employee A
Employee B



instead in December FPS it says
Starters
Employee A (started 1st Nov)
Employee B (Started 1st Nov)

Please advise
thanks

There is no requirement to have starting date in the FPS anymore, under the rules revised this year.
Anyway, even under the old rules, this would have met the requirement

[mshakeel2002]

Hi:
can someone here please guide me:

November = 30 days = 30/7 = 4.28 Weeks
December = 31 days = 31/7 = 4.42 Weeks
January = 31 days = 31/7 = 4.42 weeks
February = 28 days = 28/7 = 4 weeks
March = 31 days = 31/7 = 4.42 weeks
April = 30 days = 30/7 = 4.28 weeks

4.28 +4.42+4.42+4+4.42+4.28 = 25.85 weeks

Above are 6 months, usually 52/2 = 26 weeks but when i calculate above it works out 25.85 weeks. so if i hired 2 employees both working from 1st november till 30 april then they have only worked = 25.85*30 = 775.5 hours each = so two employees would have worked 775.5*2 = 1551 hours instead of 1560 hours.
the workers were hired on 130 hours per monthly basis.
im bit worried can anyone please help. thanks

[marcnath]

Replying to your question tagged in another post ...

Hi:
can someone here please guide me:

November = 30 days = 30/7 = 4.28 Weeks
December = 31 days = 31/7 = 4.42 Weeks
January = 31 days = 31/7 = 4.42 weeks
February = 28 days = 28/7 = 4 weeks
March = 31 days = 31/7 = 4.42 weeks
April = 30 days = 30/7 = 4.28 weeks

4.28 +4.42+4.42+4+4.42+4.28 = 25.85 weeks

Above are 6 months, usually 52/6 = 26 weeks but when i calculate above it works out 25.85 weeks. so if i hired 2 employees both working from 1st november till 30 april then they have only worked = 25.85*30 = 775.5 hours each = so two employees would have worked 775.5*2 = 1551 hours instead of 1560 hours.
the workers were hired on 130 hours per monthly basis.
As this thread suggests that home office considers weeks rather then months, does november to april work out 26 weeks ? im bit worried can anyone please help. thanks

Why are you even calculating total hours ? Where did you get the requirement of 1560 hours - there is no such number in either the immigration rules or the guidance.

To repeat over and over again - the requirement is 104 weeks of FT equivalent - FT equivalent being defined as minimum 30 hrs/week.

So, you need to calculate all your employment, not just this in isolation.

[mshakeel2002]

[/quote]

the requirement is 104 weeks of FT equivalent

[/quote]

if i just calculate weeks then , Does 1st November Till 30 April work out 26 weeks? or it work out less then 26 weeks.

[marcnath]

the requirement is 104 weeks of FT equivalent

if i just calculate weeks then , Does 1st November Till 30 April work out 26 weeks? or it work out less then 26 weeks.

It is 26 weeks

[mshakeel2002]

the requirement is 104 weeks of FT equivalent

if i just calculate weeks then , Does 1st November Till 30 April work out 26 weeks? or it work out less then 26 weeks.

It is 26 weeks

How come its 26 weeks , thats where im confused....

November = 30 days = 30/7 = 4.28 Weeks
December = 31 days = 31/7 = 4.42 Weeks
January = 31 days = 31/7 = 4.42 weeks
February = 28 days = 28/7 = 4 weeks
March = 31 days = 31/7 = 4.42 weeks
April = 30 days = 30/7 = 4.28 weeks

4.28 +4.42+4.42+4+4.42+4.28 = 25.85 weeks

if someone is hired just in month of feburary from 1st feburary till 28th of feburary then he is worked only 28 days or 4 weeks, not 52/12 = 4.33 weeks

[mshakeel2002]

Any advise please... thanks

[marcnath]

the requirement is 104 weeks of FT equivalent

if i just calculate weeks then , Does 1st November Till 30 April work out 26 weeks? or it work out less then 26 weeks.

It is 26 weeks

How come its 26 weeks , thats where im confused....

November = 30 days = 30/7 = 4.28 Weeks
December = 31 days = 31/7 = 4.42 Weeks
January = 31 days = 31/7 = 4.42 weeks
February = 28 days = 28/7 = 4 weeks
March = 31 days = 31/7 = 4.42 weeks
April = 30 days = 30/7 = 4.28 weeks

4.28 +4.42+4.42+4+4.42+4.28 = 25.85 weeks

if someone is hired just in month of feburary from 1st feburary till 28th of feburary then he is worked only 28 days or 4 weeks, not 52/12 = 4.33 weeks

Couple of things
1) The requirement is stated as 12 months. We use 104 weeks as it is often easier to calculate that way. And 1st Nov to 30th April is 6 months.
2) What does it matter ? Unless you are employing people exactly on 1st Nov and firing them on 30th April, the situation will never arise. If that is what you are doing, you are more likely to be pulled up for genuineness rather than job creation weeks.

[mshakeel2002]

Hi:
Thanks

Employee 1 Hied from 1st Nov till 30th April
Employee 2 Hired from 1st Nov till 30th April

Employee 3 Hired from 1st Feb till 30th April
Employee 4 Hired from 1st Feb till 30th April
Employee 5 Hired from 1st Feb till 30th April
Employee 6 Hired from 1st Feb till 30th April

Does it meet the requirement of two jobs created? afcorse they will continue to work after 30th april but i need your opinion what if they are hired untill 30th April. also, they are paid monthly 30 hours per week.

Please advise.

[marcnath]

Hi:
Thanks

Employee 1 Hied from 1st Nov till 30th April
Employee 2 Hired from 1st Nov till 30th April

Employee 3 Hired from 1st Feb till 30th April
Employee 4 Hired from 1st Feb till 30th April
Employee 5 Hired from 1st Feb till 30th April
Employee 6 Hired from 1st Feb till 30th April

Does it meet the requirement of two jobs created? afcorse they will continue to work after 30th april but i need your opinion what if they are hired untill 30th April. also, they are paid monthly 30 hours per week.

Please advise.

Yes, that would meet the requirement - you have 24 months of FT employment

[mshakeel2002]

Hi:
In a hypothetical situation where 12 employees are hired from 1st February till 28th February.... if employees are hired full time on monthly basis.

Does it fullfill their requirement? One might submit monthly evidence( 12 months @130per month), but do you think CW ignore monthly evidence and start counting weeks?

since Feburary has only 4 weeks = 4 x 12=48 weeks instead of 52 weeks.

Thanks

[marcnath]

Hi:
In a hypothetical situation where 12 employees are hired from 1st February till 28th February.... if employees are hired full time on monthly basis.

Does it fullfill their requirement? One might submit monthly evidence( 12 months @130per month), but do you think CW ignore monthly evidence and start counting weeks?

since Feburary has only 4 weeks = 4 x 12=48 weeks instead of 52 weeks.

Thanks

You are nitpicking unnecessarily.
Read the guidance properly - it clearly says two jobs of 12 months each. It never says excluding the month of February.
The only reason we keep using 104 weeks (this is not in any immigration rules or guidance) is it is easier to calculate and justify when you don't have continuous employment and so can't calculate months.