Tier 1 E Extension (via £200K route) questions

[zamanam]

[attachment=0]Screen Shot 2018-08-08 at 02.09.37.png[/attachment]

HI gurus,

Finally I found the way to start a new topic - the extension of our (my brothers) entrepreneur team and spouses & kids is due on 05 Sep 2018, I have collected most of the documents but have some queries - Would you be kind enough to review and respond

Background Info -
We came to UK via Tier 1 E (£200k route - outside country route) in Jun 15, registered company in July 15, transferred funds from 3rd party to entrepreneur team joint personal account in Jun 2016. Made cash investment into company's Barclays business account via 11 transactions from entrepreneur teams personal joint account to Barclays business bank during 3 different year’s first one in Jun 2016 and last one in Aug 2018 - ranging from £4k to £90k

We also did 3 businesses via this company, now closed two other businesses. Currently company's sole business activity is restaurant where both entrepreneur team member work in the restaurant without drawing any salary or dividend

Questions

A We secured A3 lease directly from the land lord and gave him £20k location premium too. We invested £220k in the business to compensate for additional £20k good will payment. We converted the place into a restaurant - however recently while we were trying to get alcohol licence, we found out that couple of years ago this place was a restaurant and had alcohol licence which was transferred to us - we did NOT buy business we just got commercial lease for premises but I am not sure what will happen - Can we mitigate this in any way ?


A. What’s is filing and personal appointments history – I just have Current Appointment Report downloaded free from the site - is this enough or additional document is required ?

B. For the proof of United Kingdom Business Bank Account, business transactions and genuine business activity - Do we need to attach last 3 months statement or only one page from latest statement is fine? Its just to reduce paper work

C. For the proof of cash investment which is done via 11 transactions to Barclays bank during 3 different year’s - This means load of pages –

1) should I attach statements on the date of transfer only which will reduce pages?

2) Bank statements are printed two sided and thus bank address (which is a proof of statement being original) appears only on first side and not on the back side page. Issue is some of my bank transfers for cash investment are appearing on the 2nd i.e back side page thus has no address and such statement does not look original bank statement - Assuming our response re C1 above is yes we can send statement only for fund transfer date then I am worried if these statement will cause any issue – What should I do as bank refused to stamp or write a letter re this.

D. Guidance require "Bank letter confirming that the company has bank account and both applicants are its signatory "– I spoke of the bank and the letter they gave me states that "for xx company’s bank account, mr a and mr b are signatories". Is that enough as its not stating the obvious that this is company bank account which is active and signatory are directors of the company.

E. What is the definition of the readily identifiable transactions in the applicant’s business bank statements - as mentioned earlier our fund transfer was via 11 transactions to Barclays bank and all transaction (ranging from £4000 to £90k) has one of the directors surname – Is that enough to categorise this as readily identifiable trans?

F. Director Loan agreement is not done via a lawyer and is not on any special paper like oath paper etc – Is this okay?

G. Job creation - we have 4 staff, one chef, one waiter/Spam assistant, one bookkeeper, one business development officer. They are all on same salary and same 31 hours per week – Is this okay as expensive chef, business development officer and junior staff all getting same salary – only because we made a company policy not hire anyone very expensive! And do more expensive management related or head chef work ourselves

H. Job creation - One of our staff i.e. book keeper, is our 3rd party investor as well who funded £200k. We are not using this post to claim points but is this an issue - should we deposit additional funds equivalent of her salary ?

I. Accountants Job creation letter – we had about 4 staff – Should this letter show all staff or only those for whom we are claiming point i.e. two posts

J. duplicate pay slips for each settled worker – Can I copy all of these on three A4 Pages and attached those as its easier to manager than pay slip format

K. My business registered address and my accountant’s address is same – is there any issue?

L. Please note we didn’t draw any salary or dividend should this be added to directors loan

M. Please confirm payslip format

Attached

N. Please check ACCOUNT COMPILATION REPORT format – please let me know if anything needs changing?


****************************************************************************************
ACCOUNT COMPILATION REPORT – 15/16

Report of the Accountant to the directors of XYZ Limited on the preparation of the unaudited statutory accounts for the Period 16 July 2015 to 31 December 2016

In order to assist you to fulfil your duties under the Companies Act 2006, that relate to preparing the financial statements of the company for the period, we have prepared for your approval the accounts of XYZ Limited for the Period 16 July 2015 to 31 December 2016 based on the company’s accounting records, information and explanations provided by you. The accounts were produced on 11 April 2017
As a practising member of Institute of Financial Accountant (IFA) we are subject to its ethical and other professional requirements, which are detailed at https://www.ifa.org.uk/
This report is made solely to the Board of Directors of XYZ Limited, as a body, in accordance with the terms of our engagement letter.
It is your duty to ensure that XYZ Limited has kept adequate accounting records and to prepare statutory accounts that give a true and fair view of the assets, liabilities, financial position and profit/loss of the company. We do not express any opinion on the financial statements. On the Balance Sheet you have acknowledged your duties under the prevailing Companies Acts to ensure that the company keeps adequate accounting records and prepares financial statements that give “a true and fair view”.

You have determined that XYZ Limited is exempt from the statutory audit requirement for the accounting period. Therefore, the financial statements are unaudited.


Signature of the accountant ………………………

Typed name of accountant – Mr AB
Member of Institute of Financial Accountant (IFA)


Date ………………………….

****************************************************************************************

O. Please check Job creation letter format – please let me know if anything needs changing?

JOB CREATION LETTER


August 3, 2018


TO WHOM IT MAY CONCERN


SUBJECT: Job Creation letter for A and Mr B of xyz Ltd

I act on behalf of xyz LTD (company number xxx). I am registered and practicing Accountant with the Institute of Financial Accountants, (IFA membership number xxx) and with the Federation of Tax Advisor (FTA membership number xxx) and I have a valid license to practice or practicing certificate (ref No….). I confirm that via my registration (Reg No xxx) with the Information Commissioner’s Office, I have the permission to operate in the United Kingdom.

I have been requested to provide this letter in order to verify the net creation of employment for xyz LTD since Mr A and Mr B became directors of the company. I created this letter on 3 August 2018 and I am happy to confirm the content of the letter to Home office/ UKVIS at their request. I confirm following details for the business:

• Business Name: xyz LTD (company number xxx). –currently trading as dddd
• Company’s incorporation Date and date on which applicants became director of the company - 16 July 201x
• Business Registered office address: abc address Harrow, post code
• Business Trading address: dddd , yyzz address royal docks, post code
• Business contact number: 020 xxxx, Website: www.xxy.com
• Applicant’s status in the business: Mr A and Mr B are directors and 100% Shareholders, with equal 50% shareholdings each, of xyz Ltd
• Director’s Status: Both directors have equal level of control over the business funds and business as the owners and the directors of the business. Both directors have loaned an equal amounts i.e. £xxxK to business as a Directors loan totaling £xxxk. The loan is unsecured and subordinated in favor of third-party creditors
• Job Creation: The Company is an actively trading, I can confirm that since Mr A and Mr B became directors of the company, they have created an aggregate of more than 2 full time employment positions (more than 30 hours per week), which have existed for at least 12 consecutive months.
• The post created, dates of the employment, employee details and their hours worked are as per job creation table.

Job Creation Table

Staff 1 - post:Spam Assistant Post Created: 05 Apr 2017 Staff nam: Mr c Start date 01 Jul 2017 End date: On going Hours contracted/week 32 Hours worked/week 32 hourly rate £7.83 Payroll Monthly Staff type Full-time & contracted Ni Number NININI ID document EU Passport - Poland

Staff 2 Post: Bar/ Business Development Officer Post Created: 15 July 2017 Staff name: Mr d Start date 01 Aug 2017 End date: On going Hours contracted/week 32 Hours worked/week 32 hourly rate £7.83 Payroll Monthly Staff type Full-time & contracted Ni Number NININI ID document British Passport


Please note that we have used the per hour rate, which was processed as at 30/08/2018. The hourly rate was different before 01/04/2018 in line with national minimum wage. We would also like to confirm that the payroll was on monthly basis where 32 hours per week are 138.66 hours per month, and 69.33 hours are 16 hours/week.

We hope that the above information would be of assistance to you. However, should you need any further information, please do not hesitate to contact us.

Yours sincerely


Mr accountant FFA, FFTA

Accountabt & Associates
Accountants & Business Advisors
abc address Harrow, post code Harrow, Middlesex

****************************************************************************************
please confirm if all staff shoal be mentioned in this letter or only staff for whom we are claiming points.




****************************************************************************************
P - Please check my Director Loan agreement format – please let me know if anything needs changing? Note First first transfer to business bank happened on 13 July 2016


****************************************************************************************


Director Loan agreement


THIS AGREEMENT is made on the 01 of July 2016

Between,

Lender: Mr A/Mr B, Directors of XYZ LTD
Borrower: AXYZ LTD Limited, (company number xxxx)
Amount of Loan: £ xxx,000
Repayment Period of Loan: 72 Months after the final payment i.e. 6 years
Amount payable: £ xxx,000
Annual Percentage Rate: 0 %

Terms of the Loan
1. The lender shall lend or make available to the Company the sum of £ xxx,000 (‘the Loan’) for a total period of 6 years. The loan, if not transferred at the date of this contract than must be transferred before 20th Aug 2018. The term of the loan will start immediately after the transfer.
2. The repayment period will be starting at the end of the 6th year for a period of 6 years, amounting to 72 Monthly repayments.
3. In consideration of the Lender lending or making available the Loan the Company covenants and undertakes to repay the Loan to the Lender on the Repayment Date or on any earlier date on which the Loan may become repayable pursuant to this agreement.
4. The loan is unsecured and subordinated in favor of third-party creditors.
5. The lender must ensure that the Loan is available in lenders accounts before 15th Aug 2018 and credited to the company business account on or before 20th Aug 2018.
6. Notwithstanding anything else contained in this agreement the whole of the Loan or so much of it as for the time being remains outstanding and all interest accrued but unpaid shall immediately become repayable if any if the Company shall be unable to pay its debts within the meaning assigned to that expression by the Insolvency Act 1986 Section 123 or if the Company shall certify that it is unable to pay its debts as and when they shall fall due.


BORROWER: XYZ LTD
Signed on behalf of Company
Mr B



Signed: …………………………………………………………………
Position: Company Director
Dated: 01 of July 2016
Mr A



Signed: …………………………………………………………………
Position: Company Director
Dated: 01 of July 2016


LENDERS: Full Name:
Mr B



Signed: …………………………………………………………………
Dated: 01 of July 2016
Mr A



Signed: …………………………………………………………………
Dated: 01 of July 2016



****************************************************************************************

Job creation and RTI questions to follow


Sorry for such a long list of queries I know there are some points to concerns but we are were we are and have t try from here.

Your response will be highly appreciated.

Thanks in advance.
A

[marcnath]

A. What’s is filing and personal appointments history – I just have Current Appointment Report downloaded free from the site - is this enough or additional document is required ?

Yes, that works

B. For the proof of United Kingdom Business Bank Account, business transactions and genuine business activity - Do we need to attach last 3 months statement or only one page from latest statement is fine? Its just to reduce paper work

One page is fine

C. For the proof of cash investment which is done via 11 transactions to Barclays bank during 3 different year’s - This means load of pages –

1) should I attach statements on the date of transfer only which will reduce pages?

Yes, that would be fine.

2) Bank statements are printed two sided and thus bank address (which is a proof of statement being original) appears only on first side and not on the back side page. Issue is some of my bank transfers for cash investment are appearing on the 2nd i.e back side page thus has no address and such statement does not look original bank statement - Assuming our response re C1 above is yes we can send statement only for fund transfer date then I am worried if these statement will cause any issue – What should I do as bank refused to stamp or write a letter re this.

You need to include originals, so how do you intend to only attach one side ?

D. Guidance require "Bank letter confirming that the company has bank account and both applicants are its signatory "– I spoke of the bank and the letter they gave me states that "for xx company’s bank account, mr a and mr b are signatories". Is that enough as its not stating the obvious that this is company bank account which is active and signatory are directors of the company.

This is an alternative to Bank statement, so immaterial if you have attached a bank statemetn

E. What is the definition of the readily identifiable transactions in the applicant’s business bank statements - as mentioned earlier our fund transfer was via 11 transactions to Barclays bank and all transaction (ranging from £4000 to £90k) has one of the directors surname – Is that enough to categorise this as readily identifiable trans?

Yes. You can add the corresponding personal bank statements if needed (optional)

F. Director Loan agreement is not done via a lawyer and is not on any special paper like oath paper etc – Is this okay?

Yes

G. Job creation - we have 4 staff, one chef, one waiter/Spam assistant, one bookkeeper, one business development officer. They are all on same salary and same 31 hours per week – Is this okay as expensive chef, business development officer and junior staff all getting same salary – only because we made a company policy not hire anyone very expensive! And do more expensive management related or head chef work ourselves

Okay

H. Job creation - One of our staff i.e. book keeper, is our 3rd party investor as well who funded £200k. We are not using this post to claim points but is this an issue - should we deposit additional funds equivalent of her salary ?

It should not matter if you use the person. But if 3rd party is the investor, in what form has she invested - loan or shares ? If it is as a Director loan, why does the DL agreement you attached below have her name ?

I. Accountants Job creation letter – we had about 4 staff – Should this letter show all staff or only those for whom we are claiming point i.e. two posts

Not a required document for new business.

J. duplicate pay slips for each settled worker – Can I copy all of these on three A4 Pages and attached those as its easier to manager than pay slip format

Don't understand this. You attached payslip image seems fine.

K. My business registered address and my accountant’s address is same – is there any issue?

No

L. Please note we didn’t draw any salary or dividend should this be added to directors loan

No

M. Please confirm payslip format

Attached

Seems fine

N. Please check ACCOUNT COMPILATION REPORT format – please let me know if anything needs changing?

Seems fine

[zamanam]

[attachment=0]IMG-9825.JPG[/attachment]Hi marcnath

Many thanks for your response and time - very kind of you indeed - I hope home office will be as good with us .

Some additional/ pending queries are below - can someone Kindly guide me.

Questions

A We secured A3 lease directly from the land lord and gave him £20k location premium too. We invested £220k in the business to compensate for additional £20k good will payment. We converted the place into a restaurant - however recently while we were trying to get alcohol licence, we found out that couple of years ago this place was a restaurant and had alcohol licence which was transferred to us - we did NOT buy business we just got commercial lease for premises but I am not sure what will happen - Can we mitigate this in any way ?



C2) Bank statements are printed two sided and thus bank address (which is a proof of statement being original) appears only on first side and not on the back side page. Issue is some of my bank transfers for cash investment are appearing on the 2nd i.e back side page thus has no address and such statement does not look original bank statement - Assuming our response re C1 above is yes we can send statement only for fund transfer date then I am worried if these statement will cause any issue – What should I do as bank refused to stamp or write a letter re this.


response - You need to include originals, so how do you intend to only attach one side ?

As we are entrepreneur team we need two - Barclays gave us one original and for 2nd original set they are only printing this way i.e. blank back side and printing back page as a new page so it doesn't look original but they are saying its original !! just being difficult for no reason. I don't know why is an alternative solution - they are saying I can print online statement as that is original but its print out is coming the same way...



H. Job creation - One of our staff i.e. book keeper, is our 3rd party investor as well who funded £200k. We are not using this post to claim points but is this an issue - should we deposit additional funds equivalent of her salary ?


Response
It should not matter if you use the person. But if 3rd party is the investor, in what form has she invested - loan or shares ? If it is as a Director loan, why does the DL agreement you attached below have her name ?


You means to say "doesn't have her name" . In year 2 and 3, third party transferred money into our personal account and then we transferred it to business as a directors loan account - she is not directly shareholder or director of the business as a family member she gave us money as a gift not even a loan. But due to her skills she is helping us in our business and charging us for her work via book keeper role.

I. Accountants Job creation letter – we had about 4 staff – Should this letter show all staff or only those for whom we are claiming point i.e. two posts

If I opt to include the accountants letter then should this letter include all staff or only those for whom we are claiming points?



J. duplicate pay slips for each settled worker for 15 (3 extra for the safe side) month means 30 pages. To reduce the number of pages can I copy three pay slips to one A4 Pages which will reduce number of pages to 10 for the payslips. Sorry if I am not too clear even now..


O. Please check Job creation letter format – please let me know if anything needs changing? Please note Job Creation Table is this letter is in the table format but I can't paste in this format this just the information there!

****************************************************************************************


JOB CREATION LETTER


August 3, 2018


TO WHOM IT MAY CONCERN


SUBJECT: Job Creation letter for A and Mr B of xyz Ltd

I act on behalf of xyz LTD (company number xxx). I am registered and practicing Accountant with the Institute of Financial Accountants, (IFA membership number xxx) and with the Federation of Tax Advisor (FTA membership number xxx) and I have a valid license to practice or practicing certificate (ref No….). I confirm that via my registration (Reg No xxx) with the Information Commissioner’s Office, I have the permission to operate in the United Kingdom.

I have been requested to provide this letter in order to verify the net creation of employment for xyz LTD since Mr A and Mr B became directors of the company. I created this letter on 3 August 2018 and I am happy to confirm the content of the letter to Home office/ UKVIS at their request. I confirm following details for the business:

• Business Name: xyz LTD (company number xxx). –currently trading as dddd
• Company’s incorporation Date and date on which applicants became director of the company - 16 July 201x
• Business Registered office address: abc address Harrow, post code
• Business Trading address: dddd , yyzz address royal docks, post code
• Business contact number: 020 xxxx, Website: www.xxy.com
• Applicant’s status in the business: Mr A and Mr B are directors and 100% Shareholders, with equal 50% shareholdings each, of xyz Ltd
• Director’s Status: Both directors have equal level of control over the business funds and business as the owners and the directors of the business. Both directors have loaned an equal amounts i.e. £xxxK to business as a Directors loan totaling £xxxk. The loan is unsecured and subordinated in favor of third-party creditors
• Job Creation: The Company is an actively trading, I can confirm that since Mr A and Mr B became directors of the company, they have created an aggregate of more than 2 full time employment positions (more than 30 hours per week), which have existed for at least 12 consecutive months.
• The post created, dates of the employment, employee details and their hours worked are as per job creation table.

Job Creation Table

Staff 1 - post:Spam Assistant Post Created: 05 Apr 2017 Staff nam: Mr c Start date 01 Jul 2017 End date: On going Hours contracted/week 32 Hours worked/week 32 hourly rate £7.83 Payroll Monthly Staff type Full-time & contracted Ni Number NININI ID document EU Passport - Poland

Staff 2 Post: Bar/ Business Development Officer Post Created: 15 July 2017 Staff name: Mr d Start date 01 Aug 2017 End date: On going Hours contracted/week 32 Hours worked/week 32 hourly rate £7.83 Payroll Monthly Staff type Full-time & contracted Ni Number NININI ID document British Passport


Please note that we have used the per hour rate, which was processed as at 30/08/2018. The hourly rate was different before 01/04/2018 in line with national minimum wage. We would also like to confirm that the payroll was on monthly basis where 32 hours per week are 138.66 hours per month, and 69.33 hours are 16 hours/week.

We hope that the above information would be of assistance to you. However, should you need any further information, please do not hesitate to contact us.

Yours sincerely


Mr accountant FFA, FFTA

Accountabt & Associates
Accountants & Business Advisors
abc address Harrow, post code Harrow, Middlesex

****************************************************************************************
please confirm if all staff should be mentioned in above letter or only staff for whom we are claiming points.


P - Please check my Director Loan agreement format – please let me know if anything needs changing? Note First first transfer to business bank happened on 13 July 2016 - some relevant background info below - in case you missed it or forgot - Based on our case is DL agreement covers everything to needs updating ?


(Background Info -
We came to UK via Tier 1 E (£200k route - outside country route) in Jun 15, registered company in July 15, transferred funds from 3rd party to entrepreneur team joint personal account in Jun 2016. Made cash investment into company's Barclays business account via 11 transactions from entrepreneur teams personal joint account to Barclays business bank during 3 different year’s first one in Jun 2016 and last one in Aug 2018 - ranging from £4k to £90k

We also did 3 businesses via this company, now closed two other businesses. Currently company's sole business activity is restaurant where both entrepreneur team member work in the restaurant without drawing any salary or dividend )

****************************************************************************************


Director Loan agreement


THIS AGREEMENT is made on the 01 of July 2016

Between,

Lender: Mr A/Mr B, Directors of XYZ LTD
Borrower: AXYZ LTD Limited, (company number xxxx)
Amount of Loan: £ xxx,000
Repayment Period of Loan: 72 Months after the final payment i.e. 6 years
Amount payable: £ xxx,000
Annual Percentage Rate: 0 %

Terms of the Loan
1. The lender shall lend or make available to the Company the sum of £ xxx,000 (‘the Loan’) for a total period of 6 years. The loan, if not transferred at the date of this contract than must be transferred before 20th Aug 2018. The term of the loan will start immediately after the transfer.
2. The repayment period will be starting at the end of the 6th year for a period of 6 years, amounting to 72 Monthly repayments.
3. In consideration of the Lender lending or making available the Loan the Company covenants and undertakes to repay the Loan to the Lender on the Repayment Date or on any earlier date on which the Loan may become repayable pursuant to this agreement.
4. The loan is unsecured and subordinated in favor of third-party creditors.
5. The lender must ensure that the Loan is available in lenders accounts before 15th Aug 2018 and credited to the company business account on or before 20th Aug 2018.
6. Notwithstanding anything else contained in this agreement the whole of the Loan or so much of it as for the time being remains outstanding and all interest accrued but unpaid shall immediately become repayable if any if the Company shall be unable to pay its debts within the meaning assigned to that expression by the Insolvency Act 1986 Section 123 or if the Company shall certify that it is unable to pay its debts as and when they shall fall due.


BORROWER: XYZ LTD
Signed on behalf of Company
Mr B



Signed: …………………………………………………………………
Position: Company Director
Dated: 01 of July 2016
Mr A



Signed: …………………………………………………………………
Position: Company Director
Dated: 01 of July 2016


LENDERS: Full Name:
Mr B



Signed: …………………………………………………………………
Dated: 01 of July 2016
Mr A



Signed: …………………………………………………………………
Dated: 01 of July 2016



****************************************************************************************

Q - Job creation and RTI questions

I am really confused about this RTI thing and my accountant is not understanding he is saying your submission is in FPS RTI but that doesn't even say RTI anywhere and doesn't have starters info etc

He is using sage line and after months of wasting time he has given the attached 4 docs - please let me know which one from docs 1, 2, 3, and 4 I have to include in my application

1- RTI summary - he has created this format outside Sage line system but using the same/actual payroll info - one page per month - Is it right format for RTI - seems to have all the information HO is asking?

1 - [attachment=0]IMG-9825.JPG[/attachment]

With this do we need anything else for RTI?

Your response will be highly appreciated.

Thanks in advance.
A

[zamanam]

RTI query continues

Attachments follows following queries order


2nd attachement [attachment=2]IMG-9834.JPG[/attachment]
My accountant said this is what is submitted but it doesn't have the gross pay details, on which he said its only summary but he has submitted full online document ! Anyways I gave up..!
Can anyone tell me if I need to attach this too?


3nd attachement [attachment=1]IMG-9835.JPG[/attachment]
This is the confirmation received from hmrc - Do we need to attach this?

4th attachement - [attachment=0]image_6483441.JPG[/attachment]
This is again encrypted copy to be honest seemed to much of a data but my accountant is saying this is important to attach - for each month for just two claimed post its 4/5 pages per month - for all staff its about 10 pages per month and for 15 months about 150 page!! Think there should be a limit or sense - Do we need to attach this ?

Thanks

A

[zamanam]

[quote=zamanam post_id=1667618 time=1533766913 user_id=14802]
I dont know why files were not attached trying again!

RTI query continues

Attachments follows following queries order


2nd attachement IMG-9834.JPG
My accountant said this is what is submitted but it doesn't have the gross pay details, on which he said its only summary but he has submitted full online document ! Anyways I gave up..!
Can anyone tell me if I need to attach this too?


3nd attachement IMG-9835.JPG
This is the confirmation received from hmrc - Do we need to attach this?

4th attachement - image_6483441.JPG
This is again encrypted copy to be honest seemed to much of a data but my accountant is saying this is important to attach - for each month for just two claimed post its 4/5 pages per month - for all staff its about 10 pages per month and for 15 months about 150 page!! Think there should be a limit or sense - Do we need to attach this ?

Thanks

A
[/quote]

[zamanam]

[attachment=0]IMG-9834.JPG[/attachment]

[marcnath]

A We secured A3 lease directly from the land lord and gave him £20k location premium too. We invested £220k in the business to compensate for additional £20k good will payment. We converted the place into a restaurant - however recently while we were trying to get alcohol licence, we found out that couple of years ago this place was a restaurant and had alcohol licence which was transferred to us - we did NOT buy business we just got commercial lease for premises but I am not sure what will happen - Can we mitigate this in any way ?

I don't see any issues - what do you want to mitigate ?

C2) Bank statements are printed two sided and thus bank address (which is a proof of statement being original) appears only on first side and not on the back side page. Issue is some of my bank transfers for cash investment are appearing on the 2nd i.e back side page thus has no address and such statement does not look original bank statement - Assuming our response re C1 above is yes we can send statement only for fund transfer date then I am worried if these statement will cause any issue – What should I do as bank refused to stamp or write a letter re this.


response - You need to include originals, so how do you intend to only attach one side ?

As we are entrepreneur team we need two - Barclays gave us one original and for 2nd original set they are only printing this way i.e. blank back side and printing back page as a new page so it doesn't look original but they are saying its original !! just being difficult for no reason. I don't know why is an alternative solution - they are saying I can print online statement as that is original but its print out is coming the same way...

When you have only one original, you can attach it to one application and add a copy to the other clearly specifying the original is with the team mates application. But it is always better to have it stamped.

H. Job creation - One of our staff i.e. book keeper, is our 3rd party investor as well who funded £200k. We are not using this post to claim points but is this an issue - should we deposit additional funds equivalent of her salary ?


Response
It should not matter if you use the person. But if 3rd party is the investor, in what form has she invested - loan or shares ? If it is as a Director loan, why does the DL agreement you attached below have her name ?


You means to say "doesn't have her name" . In year 2 and 3, third party transferred money into our personal account and then we transferred it to business as a directors loan account - she is not directly shareholder or director of the business as a family member she gave us money as a gift not even a loan. But due to her skills she is helping us in our business and charging us for her work via book keeper role.

Ok. So it does not matter. The fact that she originally provided the money has no impact.

I. Accountants Job creation letter – we had about 4 staff – Should this letter show all staff or only those for whom we are claiming point i.e. two posts

If I opt to include the accountants letter then should this letter include all staff or only those for whom we are claiming points?

It does not matter. Again, it is a document that is not required. And adding documents that are not needed can be troublesome. There was a case here where the difference between the accountant's letter and rest of employment records had a small discrepancy. The CW raised genuineness concerns and refused the application. Fortunately it was overturned in AR - but that is your risk when you add unnecessary documents - make sure all of these are consistent with each other when you do that.

J. duplicate pay slips for each settled worker for 15 (3 extra for the safe side) month means 30 pages. To reduce the number of pages can I copy three pay slips to one A4 Pages which will reduce number of pages to 10 for the payslips. Sorry if I am not too clear even now..

Sure, you can. But saving paper should not be your main consideration. Making it simple for the CW would be what you should aim for.

P - Please check my Director Loan agreement format – please let me know if anything needs changing? Note First first transfer to business bank happened on 13 July 2016 - some relevant background info below - in case you missed it or forgot - Based on our case is DL agreement covers everything to needs updating ?

Seems fine

Q - Job creation and RTI questions

I am really confused about this RTI thing and my accountant is not understanding he is saying your submission is in FPS RTI but that doesn't even say RTI anywhere and doesn't have starters info etc

He is using sage line and after months of wasting time he has given the attached 4 docs - please let me know which one from docs 1, 2, 3, and 4 I have to include in my application

The requirement is Full Payment Submissions, so I interpret that to be actual submissions, not an accountant summary.
It also says - These must show every payment made to each settled worker as well as any deductions.
From the reference we have seen from other applicants, in Sage that means the XML format. Yes, it is a lot of pages with a lot of information so it might be worth taking the effort to highlight the numbers that the CW looks for


PS: I have deliberately not commented on the accountant's job letter

[zamanam]

Hi marcnath

Many thanks again!


A We secured A3 lease directly from the land lord and gave him £20k location premium too. We invested £220k in the business to compensate for additional £20k good will payment. We converted the place into a restaurant - however recently while we were trying to get alcohol licence, we found out that couple of years ago this place was a restaurant and had alcohol licence which was transferred to us - we did NOT buy business we just got commercial lease for premises but I am not sure what will happen - Can we mitigate this in any way ?

I don't see any issues - what do you want to mitigate ?

I just wanted to make sure its not cause of concern as pay premium might mean we bought the business but it was not the case ..


I. Accountants Job creation letter - you would recommend not to attach. but then your following comment made me curious - why - no problem if reason is its not required but if its something else /worth sharing
S: I have deliberately not commented on the accountant's job letter

P - Sorry to bother you re RTI again, I didn't get your response, - please let me know which one from docs 1, 2, 3, and 4 I have to include in my application - if none of these are right do you have any correct format - One knowledgeable accountant from the site suggested IMG-9834 and IMG-9835 is more than enough but I am still unsure as its not showing gross pay - Do you agree?

1. [attachment=3]image_6483441.JPG[/attachment] - encrypted copy of FPS - it seems you are recommending to use this?
2 - [attachment=3]IMG-9834.JPG[/attachment] - Accountant submitted but it doesn't have the gross pay details - so I am not sure if its all
3. - [attachment=3]IMG-9835.JPG[/attachment] - This is the confirmation received from hmrc - Do we need to attach this?
4 - - RTI summary accountant created


Your response
The requirement is Full Payment Submissions, so I interpret that to be actual submissions, not an accountant summary.
It also says - These must show every payment made to each settled worker as well as any deductions.
From the reference we have seen from other applicants, in Sage that means the XML format. Yes, it is a lot of pages with a lot of information so it might be worth taking the effort to highlight the numbers that the CW looks for

Thanks this mean you are saying No 4 i.e. encrypted copy for at least Sage user - would you recommend attaching all 4 documents or again it can be problematic?

Q- English language question - We already included this during last application and English language test has expired now - I think you don't have to re - do this test if you have provided the info and gained points during previous application ? Do we have t mention this in our cover letter.

R - Maintenance funds - Is it necessary to have transactions in maintenance account as we didn't use the account for last 6 months to ensure balance doesn't go below required amount which I am assuming £3.4k per main applicant and £945 per dependant for 90 days.

Thanks


A

Thanks

[zamanam]

sorry it seems file are not attaching - trying again.

[marcnath]

A We secured A3 lease directly from the land lord and gave him £20k location premium too. We invested £220k in the business to compensate for additional £20k good will payment. We converted the place into a restaurant - however recently while we were trying to get alcohol licence, we found out that couple of years ago this place was a restaurant and had alcohol licence which was transferred to us - we did NOT buy business we just got commercial lease for premises but I am not sure what will happen - Can we mitigate this in any way ?

I don't see any issues - what do you want to mitigate ?

I just wanted to make sure its not cause of concern as pay premium might mean we bought the business but it was not the case ..

There is nothing to mitigate as far as I can see.

I. Accountants Job creation letter - you would recommend not to attach. but then your following comment made me curious - why - no problem if reason is its not required but if its something else /worth sharing
S: I have deliberately not commented on the accountant's job letter

Nothing other than me not wanting to spend time on reviewing it. I wrote that just to let you know that I did not miss it.

P - Sorry to bother you re RTI again, I didn't get your response, - please let me know which one from docs 1, 2, 3, and 4 I have to include in my application - if none of these are right do you have any correct format - One knowledgeable accountant from the site suggested IMG-9834 and IMG-9835 is more than enough but I am still unsure as its not showing gross pay - Do you agree?

1. image_6483441.JPG - encrypted copy of FPS - it seems you are recommending to use this? ==> Yes
2 - IMG-9834.JPG - Accountant submitted but it doesn't have the gross pay details - so I am not sure if its all
3. - IMG-9835.JPG - This is the confirmation received from hmrc - Do we need to attach this?
4 - - RTI summary accountant created


Your response
The requirement is Full Payment Submissions, so I interpret that to be actual submissions, not an accountant summary.
It also says - These must show every payment made to each settled worker as well as any deductions.
From the reference we have seen from other applicants, in Sage that means the XML format. Yes, it is a lot of pages with a lot of information so it might be worth taking the effort to highlight the numbers that the CW looks for

Thanks this mean you are saying No 4 i.e. encrypted copy for at least Sage user - would you recommend attaching all 4 documents or again it can be problematic?

One of them is a necessary document. Difficult to say if attaching the others are problematic or not. But attaching it cannot, on its own, be a reason for refusal.

Q- English language question - We already included this during last application and English language test has expired now - I think you don't have to re - do this test if you have provided the info and gained points during previous application ? Do we have t mention this in our cover letter.

You don't have to redo the test. Up to you to mention it or not.

R - Maintenance funds - Is it necessary to have transactions in maintenance account as we didn't use the account for last 6 months to ensure balance doesn't go below required amount which I am assuming £3.4k per main applicant and £945 per dependant for 90 days.

No

[zamanam]

Thanks a lot Marcnath! Extremely kind of you - I don't know how to thank you for all you help! Sorry for asking so many questions ...

Now some questions re Main applicants Application form and IHS:

Just want to confirm the forms to be used.

1. For main applicants application, I understand that I should use the form in:
https://assets.publishing.service.gov.u ... -07-18.pdf

2. dependant, should I use this form:
https://assets.publishing.service.gov.u ... -06-18.pdf

3- Is there any online application or premium services for Tier 1 E or postal application is the only way - Can we at least fill the application form electronically for postal application

4- IHS payment website is - https://www.immigration-health-surcharg ... ecker/type
a - Its asking if we are
Applying alone
Coming to the UK with dependants
Applying to join somebody (a main applicant) in the UK

b - I am applying as myself (main applicant) and my 2 dependants - which one I should select

c - I am applying on 30 Aug - can we pay IHS now ? As I am not aware of timeline or total processing time for IHS

5- my entry clearance happened just before IHS thats why I didn't pay this but my dependant who applied for entry clearance after me, paid IHS. Can you please confirm if now at extension if I also have to pay for IHS.

6- My dependants who got entry clearance are my wife and a son but one baby was born here in the UK. As we didn't travel abroad we didn't get her passport either, we told NHS that we are on tier 1 E - they said don't worry its fine. Now for our tier 1 e
a) do we need to apply for dependant visa for her

b) what will happen for the period we didn't apply for her visa in the UK - she is 2 now?

7 - Application fees - Can we pay by visa debit card ?

8- With the application form , Do we need to submit for old BRP and Passport or only BRP or passport?

9 - Application form question L4. Please tick to confirm you have provided the appropriate evidence to demonstrate your registration:
HM Revenue & Customs documentation
Companies House documentation

As far as I know we have to provide CAR Is it Companies House documentation? Can er attach any HMRC document too? or do we need to?

10 - Application form question N1 - What date did you begin submitting Real Time Information to HMRC? Is it my payroll start date as we are doing FPS RTI from the day we started the payroll

11- Application form - Table 3b2 ask for following info
Employee name - ok
Start Date with your business (if this differs from start date in job). - whats this date?
Start date - what is the difference between this start date and one above?
End date - if its not ended - should we just write on going?
Hourly rate paid - rate increase in line with minimum wage requirement so should we add below - or just provide latest rate?
Full-time - is this yes no answer?
Part-time is this yes no answer?

12- We have created 4 FT job - should we provide details for only two or all 4?

13 - Police registration certificates - Who need to supply this? how can you find out if you are required to register with the Police

14 - Application form states that Everyone applying for an extension of leave under Tier 1 (Entrepreneur) must also apply for a Biometric Residence Permit (BRP). - Do we need to apply for BRP at the time of tier 1e application or once we get the visa

[bizman]

Screen Shot 2018-08-08 at 02.09.37.png

HI gurus,

Finally I found the way to start a new topic - the extension of our (my brothers) entrepreneur team and spouses & kids is due on 05 Sep 2018, I have collected most of the documents but have some queries - Would you be kind enough to review and respond

Background Info -
We came to UK via Tier 1 E (£200k route - outside country route) in Jun 15, registered company in July 15, transferred funds from 3rd party to entrepreneur team joint personal account in Jun 2016. Made cash investment into company's Barclays business account via 11 transactions from entrepreneur teams personal joint account to Barclays business bank during 3 different year’s first one in Jun 2016 and last one in Aug 2018 - ranging from £4k to £90k

We also did 3 businesses via this company, now closed two other businesses. Currently company's sole business activity is restaurant where both entrepreneur team member work in the restaurant without drawing any salary or dividend

Questions

A We secured A3 lease directly from the land lord and gave him £20k location premium too. We invested £220k in the business to compensate for additional £20k good will payment. We converted the place into a restaurant - however recently while we were trying to get alcohol licence, we found out that couple of years ago this place was a restaurant and had alcohol licence which was transferred to us - we did NOT buy business we just got commercial lease for premises but I am not sure what will happen - Can we mitigate this in any way ?

In as much as you registered a new company that operates on its own, you rented a property and started a restaurant business is legitimate and allowed by HO. Dont tell all the stories in your application. Simply put all your documents straight and put a bank account that shows you actually invested required money. Also ensure you have an agreement from the person that transfered the monies into the team's joint account, thats quite important.


A. What’s is filing and personal appointments history – I just have Current Appointment Report downloaded free from the site - is this enough or additional document is required ?

I will advise you order one from companies house and attach the invoice to the CAR. It is the same thing you are talking about.

B. For the proof of United Kingdom Business Bank Account, business transactions and genuine business activity - Do we need to attach last 3 months statement or only one page from latest statement is fine? Its just to reduce paper work

Yes it is better to give minimum three months statement of account. Also rememember, you need to show the in flows from the team's joint account into the business account.

C. For the proof of cash investment which is done via 11 transactions to Barclays bank during 3 different year’s - This means load of pages –

1) should I attach statements on the date of transfer only which will reduce pages?

You have to attach it

2) Bank statements are printed two sided and thus bank address (which is a proof of statement being original) appears only on first side and not on the back side page. Issue is some of my bank transfers for cash investment are appearing on the 2nd i.e back side page thus has no address and such statement does not look original bank statement - Assuming our response re C1 above is yes we can send statement only for fund transfer date then I am worried if these statement will cause any issue – What should I do as bank refused to stamp or write a letter re this.

Its ok. Its same document. I wonder why bank refused to stamp the statement.?

D. Guidance require "Bank letter confirming that the company has bank account and both applicants are its signatory "– I spoke of the bank and the letter they gave me states that "for xx company’s bank account, mr a and mr b are signatories". Is that enough as its not stating the obvious that this is company bank account which is active and signatory are directors of the company.

Its enough

E. What is the definition of the readily identifiable transactions in the applicant’s business bank statements - as mentioned earlier our fund transfer was via 11 transactions to Barclays bank and all transaction (ranging from £4000 to £90k) has one of the directors surname – Is that enough to categorise this as readily identifiable trans?

Print all statement and include in your application

F. Director Loan agreement is not done via a lawyer and is not on any special paper like oath paper etc – Is this okay?

Its ok once you followed the right format. You can get samples from this platform.

G. Job creation - we have 4 staff, one chef, one waiter/Spam assistant, one bookkeeper, one business development officer. They are all on same salary and same 31 hours per week – Is this okay as expensive chef, business development officer and junior staff all getting same salary – only because we made a company policy not hire anyone very expensive! And do more expensive management related or head chef work ourselves

Once you are able to satisfy the numbers of hours required for each employee and you are not paying below the minimum wage, you ok.

H. Job creation - One of our staff i.e. book keeper, is our 3rd party investor as well who funded £200k. We are not using this post to claim points but is this an issue - should we deposit additional funds equivalent of her salary ?

I advise you keep quiet about that so it wont generate any issue. There is no requirement that says an investor can not be an employee

I. Accountants Job creation letter – we had about 4 staff – Should this letter show all staff or only those for whom we are claiming point i.e. two posts

Either is ok. But I will advise you just mention the two required. Always avoid complexities.

J. duplicate pay slips for each settled worker – Can I copy all of these on three A4 Pages and attached those as its easier to manager than pay slip format

Yes you can

K. My business registered address and my accountant’s address is same – is there any issue?

No issues. In as much as you pay rent and have rental agreement with the landlord and your accountant is also independent.

L. Please note we didn’t draw any salary or dividend should this be added to directors loan

No. You are not allowed to draw salary from investment. Only from profit. Even HMRC winks at this.


M. Please confirm payslip format

Attached

OK

N. Please check ACCOUNT COMPILATION REPORT format – please let me know if anything needs changi

OK
****************************************************************************************
ACCOUNT COMPILATION REPORT – 15/16

Report of the Accountant to the directors of XYZ Limited on the preparation of the unaudited statutory accounts for the Period 16 July 2015 to 31 December 2016

In order to assist you to fulfil your duties under the Companies Act 2006, that relate to preparing the financial statements of the company for the period, we have prepared for your approval the accounts of XYZ Limited for the Period 16 July 2015 to 31 December 2016 based on the company’s accounting records, information and explanations provided by you. The accounts were produced on 11 April 2017
As a practising member of Institute of Financial Accountant (IFA) we are subject to its ethical and other professional requirements, which are detailed at https://www.ifa.org.uk/
This report is made solely to the Board of Directors of XYZ Limited, as a body, in accordance with the terms of our engagement letter.
It is your duty to ensure that XYZ Limited has kept adequate accounting records and to prepare statutory accounts that give a true and fair view of the assets, liabilities, financial position and profit/loss of the company. We do not express any opinion on the financial statements. On the Balance Sheet you have acknowledged your duties under the prevailing Companies Acts to ensure that the company keeps adequate accounting records and prepares financial statements that give “a true and fair view”.

You have determined that XYZ Limited is exempt from the statutory audit requirement for the accounting period. Therefore, the financial statements are unaudited.


Signature of the accountant ………………………

Typed name of accountant – Mr AB
Member of Institute of Financial Accountant (IFA)


Date ………………………….

****************************************************************************************

O. Please check Job creation letter format – please let me know if anything needs changing?

JOB CREATION LETTER


August 3, 2018


TO WHOM IT MAY CONCERN


SUBJECT: Job Creation letter for A and Mr B of xyz Ltd

I act on behalf of xyz LTD (company number xxx). I am registered and practicing Accountant with the Institute of Financial Accountants, (IFA membership number xxx) and with the Federation of Tax Advisor (FTA membership number xxx) and I have a valid license to practice or practicing certificate (ref No….). I confirm that via my registration (Reg No xxx) with the Information Commissioner’s Office, I have the permission to operate in the United Kingdom.

I have been requested to provide this letter in order to verify the net creation of employment for xyz LTD since Mr A and Mr B became directors of the company. I created this letter on 3 August 2018 and I am happy to confirm the content of the letter to Home office/ UKVIS at their request. I confirm following details for the business:

• Business Name: xyz LTD (company number xxx). –currently trading as dddd
• Company’s incorporation Date and date on which applicants became director of the company - 16 July 201x
• Business Registered office address: abc address Harrow, post code
• Business Trading address: dddd , yyzz address royal docks, post code
• Business contact number: 020 xxxx, Website: www.xxy.com
• Applicant’s status in the business: Mr A and Mr B are directors and 100% Shareholders, with equal 50% shareholdings each, of xyz Ltd
• Director’s Status: Both directors have equal level of control over the business funds and business as the owners and the directors of the business. Both directors have loaned an equal amounts i.e. £xxxK to business as a Directors loan totaling £xxxk. The loan is unsecured and subordinated in favor of third-party creditors
• Job Creation: The Company is an actively trading, I can confirm that since Mr A and Mr B became directors of the company, they have created an aggregate of more than 2 full time employment positions (more than 30 hours per week), which have existed for at least 12 consecutive months.
• The post created, dates of the employment, employee details and their hours worked are as per job creation table.

Job Creation Table

Staff 1 - post:Spam Assistant Post Created: 05 Apr 2017 Staff nam: Mr c Start date 01 Jul 2017 End date: On going Hours contracted/week 32 Hours worked/week 32 hourly rate £7.83 Payroll Monthly Staff type Full-time & contracted Ni Number NININI ID document EU Passport - Poland

Staff 2 Post: Bar/ Business Development Officer Post Created: 15 July 2017 Staff name: Mr d Start date 01 Aug 2017 End date: On going Hours contracted/week 32 Hours worked/week 32 hourly rate £7.83 Payroll Monthly Staff type Full-time & contracted Ni Number NININI ID document British Passport


Please note that we have used the per hour rate, which was processed as at 30/08/2018. The hourly rate was different before 01/04/2018 in line with national minimum wage. We would also like to confirm that the payroll was on monthly basis where 32 hours per week are 138.66 hours per month, and 69.33 hours are 16 hours/week.

We hope that the above information would be of assistance to you. However, should you need any further information, please do not hesitate to contact us.

Yours sincerely


Mr accountant FFA, FFTA

Accountabt & Associates
Accountants & Business Advisors
abc address Harrow, post code Harrow, Middlesex

****************************************************************************************
please confirm if all staff shoal be mentioned in this letter or only staff for whom we are claiming points.




****************************************************************************************
P - Please check my Director Loan agreement format – please let me know if anything needs changing? Note First first transfer to business bank happened on 13 July 2016


****************************************************************************************


Director Loan agreement


THIS AGREEMENT is made on the 01 of July 2016

Between,

Lender: Mr A/Mr B, Directors of XYZ LTD
Borrower: AXYZ LTD Limited, (company number xxxx)
Amount of Loan: £ xxx,000
Repayment Period of Loan: 72 Months after the final payment i.e. 6 years
Amount payable: £ xxx,000
Annual Percentage Rate: 0 %

Terms of the Loan
1. The lender shall lend or make available to the Company the sum of £ xxx,000 (‘the Loan’) for a total period of 6 years. The loan, if not transferred at the date of this contract than must be transferred before 20th Aug 2018. The term of the loan will start immediately after the transfer.
2. The repayment period will be starting at the end of the 6th year for a period of 6 years, amounting to 72 Monthly repayments.
3. In consideration of the Lender lending or making available the Loan the Company covenants and undertakes to repay the Loan to the Lender on the Repayment Date or on any earlier date on which the Loan may become repayable pursuant to this agreement.
4. The loan is unsecured and subordinated in favor of third-party creditors.
5. The lender must ensure that the Loan is available in lenders accounts before 15th Aug 2018 and credited to the company business account on or before 20th Aug 2018.
6. Notwithstanding anything else contained in this agreement the whole of the Loan or so much of it as for the time being remains outstanding and all interest accrued but unpaid shall immediately become repayable if any if the Company shall be unable to pay its debts within the meaning assigned to that expression by the Insolvency Act 1986 Section 123 or if the Company shall certify that it is unable to pay its debts as and when they shall fall due.


BORROWER: XYZ LTD
Signed on behalf of Company
Mr B



Signed: …………………………………………………………………
Position: Company Director
Dated: 01 of July 2016
Mr A



Signed: …………………………………………………………………
Position: Company Director
Dated: 01 of July 2016


LENDERS: Full Name:
Mr B



Signed: …………………………………………………………………
Dated: 01 of July 2016
Mr A



Signed: …………………………………………………………………
Dated: 01 of July 2016



****************************************************************************************

Job creation and RTI questions to follow


Sorry for such a long list of queries I know there are some points to concerns but we are were we are and have t try from here.

Your response will be highly appreciated.

Thanks in advance.
A

[zamanam]

Thanks Bizman

[zamanam]

HI Gurus

I have some questions re Main applicants Application form, IHS and dependants - can someone Kindly respond.


Just want to confirm the forms to be used.

1. For main applicants application, I understand that I should use the form in:
https://assets.publishing.service.gov.u ... -07-18.pdf

2. dependant, should I use this form:
https://assets.publishing.service.gov.u ... -06-18.pdf

3- Is there any online application or premium services for Tier 1 E or postal application is the only way - Can we at least fill the application form electronically for postal application

4- IHS payment website is - https://www.immigration-health-surcharg ... ecker/type
a - Its asking if we are
Applying alone
Coming to the UK with dependants
Applying to join somebody (a main applicant) in the UK

b - I am applying as myself (main applicant) and my 2 dependants - which one I should select

c - I am applying on 30 Aug - can we pay IHS now ? As I am not aware of timeline or total processing time for IHS

5- my entry clearance happened just before IHS thats why I didn't pay this but my dependant who applied for entry clearance after me, paid IHS. Can you please confirm if now at extension if I also have to pay for IHS.

6- My dependants who got entry clearance are my wife and a son but one baby was born here in the UK. As we didn't travel abroad we didn't get her passport either, we told NHS that we are on tier 1 E - they said don't worry its fine. Now for our tier 1 e
a) do we need to apply for dependant visa for her

b) what will happen for the period we didn't apply for her visa in the UK - she is 2 now?

7 - Application fees - Can we pay by visa debit card ?

8- With the application form , Do we need to submit for old BRP and Passport or only BRP or passport?

9 - Application form question L4. Please tick to confirm you have provided the appropriate evidence to demonstrate your registration:
HM Revenue & Customs documentation
Companies House documentation

As far as I know we have to provide CAR Is it Companies House documentation? Can er attach any HMRC document too? or do we need to?

10 - Application form question N1 - What date did you begin submitting Real Time Information to HMRC? Is it my payroll start date as we are doing FPS RTI from the day we started the payroll

11- Application form - Table 3b2 ask for following info
Employee name - ok
Start Date with your business (if this differs from start date in job). - whats this date?
Start date - what is the difference between this start date and one above?
End date - if its not ended - should we just write on going?
Hourly rate paid - rate increase in line with minimum wage requirement so should we add below - or just provide latest rate?
Full-time - is this yes no answer?
Part-time is this yes no answer?

12- We have created 4 FT job - should we provide details for only two or all 4?

13 - Police registration certificates - Who need to supply this? how can you find out if you are required to register with the Police

14 - Application form states that Everyone applying for an extension of leave under Tier 1 (Entrepreneur) must also apply for a Biometric Residence Permit (BRP). - Do we need to apply for BRP at the time of tier 1e application or once we get the visa



Dependant visa quereis

1 - The tier 1e dependant visa application form Question M7 ask for bank statement but doesn't provide option of main applicants bank statement supporting you. Can you please let me know if main applicant can support dependant and provide his bank statement

M7; You must provide evidence that you have access to available funds in order to support yourself. Please tick the relevant box to confirm what evidence you are supplying:
Personal bank or building society statements covering a consecutive 90 day period A building society pass book covering a consecutive 90 day period
A letter from a bank or building society confirming the funds and that they have been held for a consecutive 90 day period

2-Do we have to submit overseas criminal record certificate for main applicants and each dependant - is it again needed like it was needed for the entry clearance

1 - The tier 1e dependant visa application Section Q - Supporting Documents asked for following documents as mandatory docs i.e. in list A

a)But we can provide utility bill or council tax bill as we live in joint family and bills are not in our names
Utility bills (water, Gas, Electric) - live in joint family and bills are not in our names
Bank statements - okay
Council tax bill - - live in joint family and CT bills is not in our names

b) Police registration certificate - in our BRP no registration to police was required - do we still need to provide this document

C) Evidence of care arrangements if you are under 18 years old - whats this what we can include here? We have 3 years old son?

d- Marriage/civil partnership certificate - do we need to include this again as this was already provided during last application

Kindly let me know


Thnaks

[marcnath]

1. For main applicants application, I understand that I should use the form in:
https://assets.publishing.service.gov.u ... -07-18.pdf

2. dependant, should I use this form:
https://assets.publishing.service.gov.u ... -06-18.pdf

Yes

3- Is there any online application or premium services for Tier 1 E or postal application is the only way - Can we at least fill the application form electronically for postal application

No

4- IHS payment website is - https://www.immigration-health-surcharg ... ecker/type
a - Its asking if we are
Applying alone
Coming to the UK with dependants
Applying to join somebody (a main applicant) in the UK

b - I am applying as myself (main applicant) and my 2 dependants - which one I should select

c - I am applying on 30 Aug - can we pay IHS now ? As I am not aware of timeline or total processing time for IHS

b - I am not sure but my guess would be the highlighted
c - I believe you can pay anytime and it is instantaneous - i.e. there is no processing time for IHS

5- my entry clearance happened just before IHS thats why I didn't pay this but my dependant who applied for entry clearance after me, paid IHS. Can you please confirm if now at extension if I also have to pay for IHS.

Yes, you have to

6- My dependants who got entry clearance are my wife and a son but one baby was born here in the UK. As we didn't travel abroad we didn't get her passport either, we told NHS that we are on tier 1 E - they said don't worry its fine. Now for our tier 1 e
a) do we need to apply for dependant visa for her

Not for immigration purposes.

b) what will happen for the period we didn't apply for her visa in the UK - she is 2 now?

If you eventually plan to register her for BC, then it doesn't matter.

7 - Application fees - Can we pay by visa debit card ?

Sure. Have you read the application form ?

8- With the application form , Do we need to submit for old BRP and Passport or only BRP or passport?

Again, have you read the application form ?

9 - Application form question L4. Please tick to confirm you have provided the appropriate evidence to demonstrate your registration:
HM Revenue & Customs documentation
Companies House documentation

As far as I know we have to provide CAR Is it Companies House documentation? Can er attach any HMRC document too? or do we need to?

Just the CAR

10 - Application form question N1 - What date did you begin submitting Real Time Information to HMRC? Is it my payroll start date as we are doing FPS RTI from the day we started the payroll

Correct

11- Application form - Table 3b2 ask for following info
Employee name - ok
Start Date with your business (if this differs from start date in job). - whats this date? ==> The employee's start date
Start date - what is the difference between this start date and one above? ==>Some employees may change jobs within the same company.
End date - if its not ended - should we just write on going? ==> Yes
Hourly rate paid - rate increase in line with minimum wage requirement so should we add below - or just provide latest rate? ==> Each increase has to be a separate line
Full-time - is this yes no answer? ==> That depends on whether the job is full time or part time. If it is a full time job answer Yes, if it is part time job, answer no
Part-time is this yes no answer? ==> similar as above but the opposite answer

12- We have created 4 FT job - should we provide details for only two or all 4?

Up to you

13 - Police registration certificates - Who need to supply this? how can you find out if you are required to register with the Police

Your BRP should have said so

14 - Application form states that Everyone applying for an extension of leave under Tier 1 (Entrepreneur) must also apply for a Biometric Residence Permit (BRP). - Do we need to apply for BRP at the time of tier 1e application or once we get the visa

Same time

[zamanam]

HI Marcnath,

Thanks a million - some clarifications and remaining queries re dependant application

6- My dependants who got entry clearance are my wife and a son but one baby was born here in the UK. As we didn't travel abroad we didn't get her passport either, we told NHS that we are on tier 1 E - they said don't worry its fine. Now for our tier 1 e
a) do we need to apply for dependant visa for her
Your response - Not for immigration purposes.

Do you mean we don't need to apply her visa AND don't need to mention her as my dependant in the application form? or both?


zamanam wrote: ↑Sun Aug 12, 2018 2:27 m
b) what will happen for the period we didn't apply for her visa in the UK - she is 2 now?
Your response - If you eventually plan to register her for BC, then it doesn't matter. -

Yes we plan to register her for British Citizenship (BC) but there any extension and ILR hurdles before that - if we don't need to apply her visa/ilr and this is fine under immigration rules I am happy! Do you know the immigration rule which allow for not applying for UK born child


zamanam wrote: ↑Sun Aug 12, 2018 2:27 pm
7 - Application fees - Can we pay by visa debit card ?
Your response - Sure. Have you read the application form ?

Sorry I read the form it states on page 3, permitted card payment is as below - which means visa debit is not allowed hence I asked this question - sorry for asking such question
• Credit card1 - Mastercard, Visa (including Electron) or American Express (Amex)
• Debit card - Delta, Maestro* (including Solo)

11- Application form - Table 3b2 ask for following info
Hourly rate paid - rate increase in line with minimum wage requirement so should we add below - or just provide latest rate? ==> Each increase has to be a separate line

In case of hourly rate change, staff information will be entered as a fresh period of employment - then in Application form - Table 3b2 - BOTH the Start Date with your business and start date will become date of change of hourly rate? Or only start date?


zamanam wrote: ↑Sun Aug 12, 2018 2:27 pm
12- We have created 4 FT job - should we provide details for only two or all 4?
your response - Up to you

I am asking this as the form only ask for job created not just the claimed one (as far as I understand) - I would prefer to share only the details of claimed jobs 2 instead of total job created i.e. 4. Please confirm that this will bit be counted as misstatement

Dependant visa quereis

1 - The tier 1e dependant visa application form Question M7 ask for bank statement but doesn't provide option of main applicants bank statement supporting you. Can you please let me know if main applicant can support dependant and provide his bank statement - copying question m7 below

M7; You must provide evidence that you have access to available funds in order to support yourself. Please tick the relevant box to confirm what evidence you are supplying:
Personal bank or building society statements covering a consecutive 90 day period A building society pass book covering a consecutive 90 day period
A letter from a bank or building society confirming the funds and that they have been held for a consecutive 90 day period


2-Do we have to submit overseas criminal record certificate for main applicants and each dependant - is was required at the entry clearance - is it required again at extension stage?


3 - The tier 1e dependant visa application Section Q - Supporting Documents asked for following documents as mandatory docs i.e. in list A

a)
Utility bills (water, Gas, Electric) - live in joint family and bills are not in our names
Bank statements - yes for main applicant
Council tax bill - - live in joint family and CT bills is not in our names

b) Police registration certificate - in our BRP no registration to police was required - so its not needed?

C) Evidence of care arrangements if you are under 18 years old - whats this? what we can include here? We have 3 years old son?

d- Marriage/civil partnership certificate - do we need to include this again as this was already provided during last application?

e) what other documents we can include to in list B- or any other document you will suggest?

Thanks a lot for your responses and for bearing with my questions


Thanks

[marcnath]

6- My dependants who got entry clearance are my wife and a son but one baby was born here in the UK. As we didn't travel abroad we didn't get her passport either, we told NHS that we are on tier 1 E - they said don't worry its fine. Now for our tier 1 e
a) do we need to apply for dependant visa for her
Your response - Not for immigration purposes.

Do you mean we don't need to apply her visa AND don't need to mention her as my dependant in the application form? or both?

If you are not applying for a visa, there is no need to mention her as a dependant in the form either.

b) what will happen for the period we didn't apply for her visa in the UK - she is 2 now?
Your response - If you eventually plan to register her for BC, then it doesn't matter. -

Yes we plan to register her for British Citizenship (BC) but there any extension and ILR hurdles before that - if we don't need to apply her visa/ilr and this is fine under immigration rules I am happy! Do you know the immigration rule which allow for not applying for UK born child

There is nothing in the immigration rules that "allow" not applying for a visa. In fact, the immigration rules would want her to apply. But the immigration act allows for a UK born child to apply for citizenship and there are no conditions attached to that.

But note that NHS rules only extends free medical care to UK born children for three months. It looks like (from cases reported here) NHS has not been enforcing that part of the rule. But they can at any time.

7 - Application fees - Can we pay by visa debit card ?
Your response - Sure. Have you read the application form ?

Sorry I read the form it states on page 3, permitted card payment is as below - which means visa debit is not allowed hence I asked this question - sorry for asking such question
• Credit card1 - Mastercard, Visa (including Electron) or American Express (Amex)
• Debit card - Delta, Maestro* (including Solo)

I agree that is confusing but I believe that is just a separation of cards that are Debit only

11- Application form - Table 3b2 ask for following info
Hourly rate paid - rate increase in line with minimum wage requirement so should we add below - or just provide latest rate? ==> Each increase has to be a separate line

In case of hourly rate change, staff information will be entered as a fresh period of employment - then in Application form - Table 3b2 - BOTH the Start Date with your business and start date will become date of change of hourly rate? Or only start date?

How can start date with your business change ?

12- We have created 4 FT job - should we provide details for only two or all 4?
your response - Up to you

I am asking this as the form only ask for job created not just the claimed one (as far as I understand) - I would prefer to share only the details of claimed jobs 2 instead of total job created i.e. 4. Please confirm that this will bit be counted as misstatement

No, it won't be a misstatement.

Dependant visa quereis

1 - The tier 1e dependant visa application form Question M7 ask for bank statement but doesn't provide option of main applicants bank statement supporting you. Can you please let me know if main applicant can support dependant and provide his bank statement - copying question m7 below

M7; You must provide evidence that you have access to available funds in order to support yourself. Please tick the relevant box to confirm what evidence you are supplying:
Personal bank or building society statements covering a consecutive 90 day period A building society pass book covering a consecutive 90 day period
A letter from a bank or building society confirming the funds and that they have been held for a consecutive 90 day period

Read the dependant guidance. I recall it does say you can use the main applicant's bank.

2-Do we have to submit overseas criminal record certificate for main applicants and each dependant - is was required at the entry clearance - is it required again at extension stage?

No

3 - The tier 1e dependant visa application Section Q - Supporting Documents asked for following documents as mandatory docs i.e. in list A

a)
Utility bills (water, Gas, Electric) - live in joint family and bills are not in our names
Bank statements - yes for main applicant
Council tax bill - - live in joint family and CT bills is not in our names

That should be fine.

b) Police registration certificate - in our BRP no registration to police was required - so its not needed?

Correct

C) Evidence of care arrangements if you are under 18 years old - whats this? what we can include here? We have 3 years old son?

They normally want to ensure children welfare are taken care of. So proof of accommodation, etc. would be useful

d- Marriage/civil partnership certificate - do we need to include this again as this was already provided during last application?

No

e) what other documents we can include to in list B- or any other document you will suggest?

I don't have any

[zamanam]

Hi Marcnath,

Many thanks

zamanam wrote: ↑Tue Aug 14, 2018 10:57 pm

Dependant visa quereis

1 - The tier 1e dependant visa application form Question M7 ask for bank statement but doesn't provide option of main applicants bank statement supporting you. Can you please let me know if main applicant can support dependant and provide his bank statement - copying question m7 below

Response - Read the dependant guidance. I recall it does say you can use the main applicant's bank.

pbs guidance mentions - which means main applicants or yours ie dependant
i) Personal bank or building society statements covering the 90 day period immediately before the
application. The personal bank or building society statements should clearly show:
• the name of the main applicant and/or your name, or (for children only) the name of your other parent;
• the account number;
• the date of the statement;
• the financial institution’s name and logo;
• transactions covering the 90 day period;
• that there are sufficient funds present in the account (the balance must not fall below £630 or
£1890, as above, at any time during the 90 day period).

Its seems both are allowed


--
2-Do we have to submit overseas criminal record certificate for main applicants and each dependant - is was required at the entry clearance - is it required again at extension stage?
Your response - No

Are you sure as PBS guidance point 16 states,
"16. From 6 April 2017, there has been a requirement to provide a criminal record certificate from the following applicants:
• Tier 1 (Entrepreneur) Migrant,
• Tier 1 (Investor) Migrant,
• Tier 2 (General) entry clearance applicants coming to work in the education, health and social care sectors; and
• the adult partner of a PBS migrant in the above categories where partner is applying for entry clearance as a dependant either with the main application or to join them subsequently."

Does that mean that Tier 1 migrant has to apply for criminal record certificate both at entry clearance and extension while spouse has to apply only at entry clearance ?



Some new questions

2 It seems for dependant extension we just need to attached bank statement, no marriage certificate no cover letter -- Did you attach anything else for dependant ? the guidance suggests:

Partners (including spouses and civil partners)
• marriage or civil partnership certificates; - provided during first application
• bank statements; ok
• Council tax bills; NA
• medical registration documents;
• utility bills. NA
Children
• full birth certificate showing both parents names;


3- Management Accounts (Accountant's report page signed by accountant) - Im at month 7 of company's financial year - management account - are they till month 7 or should be extended to month 12 via forecasting ?

4 - I am attaching Business property lease document to show genuineness - Do I need to include Original lease document (about 50 pages) or copy attested by the Solicitor. Can we just include the lease title page, 2nd page and signature page only ?

5- We are showing significant loss in business as its first year of investment and we got an expensive lease for 20 years - Can they refuse of this basis - Should I write a letter/financial forecast

Thanks

[zamanam]

HI guru,


I will really appreciate if someone can respond to following

1-Do we have to submit overseas criminal record certificate for main applicants and each dependant - is was required at the entry clearance - is it required again at extension stage?
Your response - No

Are you sure as PBS guidance point 16 states,
"16. From 6 April 2017, there has been a requirement to provide a criminal record certificate from the following applicants:
• Tier 1 (Entrepreneur) Migrant,
• Tier 1 (Investor) Migrant,
• Tier 2 (General) entry clearance applicants coming to work in the education, health and social care sectors; and
• the adult partner of a PBS migrant in the above categories where partner is applying for entry clearance as a dependant either with the main application or to join them subsequently."

Does that mean that Tier 1 migrant has to apply for criminal record certificate both at entry clearance and extension while spouse has to apply only at entry clearance ?



Some new questions

2 It seems for dependant extension we just need to attached bank statement, no marriage certificate no cover letter -- Did you attach anything else for dependant ? the guidance suggests:

Partners (including spouses and civil partners)
• marriage or civil partnership certificates; - provided during first application
• bank statements; ok
• Council tax bills; NA
• medical registration documents;
• utility bills. NA
Children
• full birth certificate showing both parents names;



3- Management Accounts (Accountant's report page signed by accountant) - Im at month 7 of company's financial year - management account - are they till month 7 or should be extended to month 12 via forecasting ?


4 - I am attaching Business property lease document to show genuineness - Do I need to include Original lease document (about 50 pages) or copy attested by the Solicitor. Can we just include the lease title page, 2nd page and signature page only ?


5- We are showing significant loss in business as its first year of investment and we got an expensive lease for 20 years - Can they refuse of this basis - Should I write a letter/financial forecast

Your help will be highly appreciated!

[zamanam]

Hi Gurus

I need your advise as I made an error on the form

A - Just put the wrong date on the form payment page which mean payment can not be deducted before after one month i.e instead of sep it is dated as Oct!! Should I contact home office and if so its general queries phone number?


B - I applied for my self, my entrepreneur team member and both of our dependants together and send everything in a single post. Is this okay? or we should have sent both team members application separately? What should we do about this?

C- I posted all application together at the same address which is on the Tier 1 E - Main applicant's application form. Later I realised that dependant applications should be sent to different address? What should I do now? Has anyone applied to Tier 1 E dependant and main applicant together - Do we need to send applications at different ?


Thank

[marcnath]

Hi Gurus

I need your advise as I made an error on the form

A - Just put the wrong date on the form payment page which mean payment can not be deducted before after one month i.e instead of sep it is dated as Oct!! Should I contact home office and if so its general queries phone number?

Do you mean on the cheque ? If so, you should send a new cheque with the correct date as soon as possible.

B - I applied for my self, my entrepreneur team member and both of our dependants together and send everything in a single post. Is this okay? or we should have sent both team members application separately? What should we do about this?

C- I posted all application together at the same address which is on the Tier 1 E - Main applicant's application form. Later I realised that dependant applications should be sent to different address? What should I do now? Has anyone applied to Tier 1 E dependant and main applicant together - Do we need to send applications at different ?


Thank

Those are ok

[zamanam]

Thanks sent the letter but then fees was already deducted before correction letter reached them !

Thanks for responding!

[zamanam]

Hi

Got Tier 1E extension in just 6 weeks, Mashallah timeline below!
Would like to say big thanks to Marcnath, Zimba and all members of this forum, for their great support,its really helpful and really appreciate to immigrationboard.com! Keep it up guys you’re saving us from dodge expensive lawyers and empowering us! Bravo


Application - Tier 1E team extension via £200k route
Team two Director
Application sent- 3 Sep 2018
Biometric- 14 Sep 2018
Complex Letter- not received
No Interview
No Solicitor used
BRP recurved - 19 Oct 2018 via DX
IHS Refund- 19 Oct 2018
Approval Letter with Passports- 23 Oct 2018

Alhumdulillah and many thanks again Marcnath and forum!

[Rockey]

Congrats dear for visa ..

Can you please let us know that did you send full business bank statement including everything or just selected investment transactions, did you send original or got it stamped? or just bank letter?
thanks

[zamanam]

Thanks selected pages stamped with bank letter
Thanks