Tier 1 to ILR

[CULLINAN]

I haven't gone through all the older posts so I may be repeating myself.

And honestly, I get frustrated by people who keep totalling hours. There is no reference from HO to TOTAL HOURS in any part of the immigration rules or in any cases presented here so far.

My view is that this is an unusual arrangement and so troublesome. The CW is not obliged to look through non specified documents (at least not in the initial consideration). So, I expect them to take your FPS and Payslips, divide the gross salary by hourly rate and calculate the hours worked. And in that case, you don't meet the requirements.

In my opinion, an accountant letter is not dependable for this as they don't have an independent professional standing on employment matters. They are only repeating the information you give them.

The right way to address is this for the payslips to have the exact date for which the salary is paid each month. So, the 1st payslip would clearly say it is applicable from 30-Dec-17 to 26-Jan-18, for example. That is definitely more defendable than an accountant letter.

And I don't understand your statement "employee 3 should have 30 hours from Oct 26 - 2nd Nov (week ends) also as he left job on 1st Nov". That depends on how much you paid him for that week. If the employee worked from Oct 26 to Oct 31 (5 days) but you paid him 30*7.83, then yes, you can claim that as a full week.

Thank you once again for taking out your time and energy for everyone in this forum and helpling them out and apoligies for my post to be frustrating.

When you said, “My view is that this is an unusual arrangement and so troublesome. The CW is not obliged to look through non specified documents (at least not in the initial consideration). So, I expect them to take your FPS and Payslips, divide the gross salary by hourly rate and calculate the hours worked. And in that case, you don't meet the requirements”

Please note this is a calculation I was doing for myself. Ofcourse, I will be providing the RTI FPS and the wage slips. So for example Jan 2018 FPS: if you divide the gross salary for January/wage rate it will equal to 120 hours.

and

if you divide gross salary for June 2018 by wage rate it will give 150 hours.

Along with the FPS and wage slips my accountant provides another document where it says for example: Jan 5
Jan 12
Jan 19

and so forth which gives a list of employees and number of hours worked on a weekly basis. Basically he calculates it from fridays. A month having 5 fridays have 150 hours and a month having 4 fridays have 120 hours. That document is just an additional document which does not give any number of total hours but only this info.

I understand my salary slips do not provide exact dates as you mentioned but this is how I presented my case for my extension and it was approved. I am not sure if it was luck or that I submitted 14 months of FPS at that time rather relying on exact 12.

I got the impression from your post that you think I will only submit this document and not the FPS or wage slips.

Please view the three attachments. They are for Jan 2018. Similary for June 2018 will be 150 hours as it has 5 Fridays (accountant has calculated weeks starting fridays) and so forth for all 12 months.

Do i still not qualify in this scenerio?

Thank you

[CULLINAN]

FYI

[CULLINAN]

fyi

[CULLINAN]

fyi

[marcnath]

When you said, “My view is that this is an unusual arrangement and so troublesome. The CW is not obliged to look through non specified documents (at least not in the initial consideration). So, I expect them to take your FPS and Payslips, divide the gross salary by hourly rate and calculate the hours worked. And in that case, you don't meet the requirements”

Please note this is a calculation I was doing for myself. Ofcourse, I will be providing the RTI FPS and the wage slips. So for example Jan 2018 FPS: if you divide the gross salary for January/wage rate it will equal to 120 hours.

And the 120 hrs, in my opinion, is the problem.

and

if you divide gross salary for June 2018 by wage rate it will give 150 hours.

And the CW will ignore anything over 130 hrs.

Along with the FPS and wage slips my accountant provides another document where it says for example: Jan 5
Jan 12
Jan 19

and so forth which gives a list of employees and number of hours worked on a weekly basis. Basically he calculates it from fridays. A month having 5 fridays have 150 hours and a month having 4 fridays have 120 hours. That document is just an additional document which does not give any number of total hours but only this info.

The accountant letter is not a specified document and so CW does not have to consider it as evidence.

I understand my salary slips do not provide exact dates as you mentioned but this is how I presented my case for my extension and it was approved. I am not sure if it was luck or that I submitted 14 months of FPS at that time rather relying on exact 12.

Remember that, at that time, 120 hrs/month was still in the guidelines and generally accepted as a FT job.

I got the impression from your post that you think I will only submit this document and not the FPS or wage slips.

No, I did not think that.

Please view the three attachments. They are for Jan 2018. Similary for June 2018 will be 150 hours as it has 5 Fridays (accountant has calculated weeks starting fridays) and so forth for all 12 months.

Do i still not qualify in this scenerio?

I do think you qualify. But what I think does not matter.

To HO, it is the evidence that you provide that they have to use for assessment.

So, when CW looks at the Jan payslip, for example, they will see Monthly payslip showing 120 hrs and the first reaction would be to mark it as PT. They then have to go through your cover letter, accountant letter, etc to find out it is actually only for 28 days. Whether they will do it on the first round or during an AR/JR is what I don't know.

I am quite sure you will eventually get the points for Job Creation - it is only a question of how much trouble you may go through before that. Not trying to scare you, just trying to be pragmatic.

If the Payslip had the actual dates against the Pay Period, it would just have been much easier. But since you can't do that, just don't worry any more and face it one step at a time. You have obviously met the requirements so you have done what you can/need to do.

[CULLINAN]

Thank you for your detailed response. Always appreciated.

1) It is true the guidelines do not specify 120hr/month as FT now. But the new online form surprisingly still takes 120 hours or 30 hours a week as FT.

2) I was going through my old documents which I submitted with my extension. Is this the RTI FPS report (that i attached previously) only? or does that include something called EPS (employer payment submission) and another page where a box appears giving the date of submission, correlation ID etc also? Previously I had sent them all.

Thank you

[marcnath]

Thank you for your detailed response. Always appreciated.

1) It is true the guidelines do not specify 120hr/month as FT now. But the new online form surprisingly still takes 120 hours or 30 hours a week as FT.

2) I was going through my old documents which I submitted with my extension. Is this the RTI FPS report (that i attached previously) only? or does that include something called EPS (employer payment submission) and another page where a box appears giving the date of submission, correlation ID etc also? Previously I had sent them all.

Thank you

EPS is not a mandatory document

[CULLINAN]

Thank you for your detailed response. Always appreciated.

1) It is true the guidelines do not specify 120hr/month as FT now. But the new online form surprisingly still takes 120 hours or 30 hours a week as FT.

2) I was going through my old documents which I submitted with my extension. Is this the RTI FPS report (that i attached previously) only? or does that include something called EPS (employer payment submission) and another page where a box appears giving the date of submission, correlation ID etc also? Previously I had sent them all.

Thank you

EPS is not a mandatory document

Thank you

[KNY]

My application is pinned to the top of this forum as a sample application. You can find all the details there

Hi Marcnath,

I am unable to see your application sample as suggested. Is there a particular place i have to look at? Sorry to bother you with this.

Thanks.

Kent.

[CR001]

My application is pinned to the top of this forum as a sample application. You can find all the details there

Hi Marcnath,

I am unable to see your application sample as suggested. Is there a particular place i have to look at? Sorry to bother you with this.

Thanks.

Kent.

uk-tier-1-entrepreneur-visas/an-example ... 34487.html

[Meesha]

Hi Tier11417,
Why were u paying employees on 4 weeks basis instead of monthly basis. I believe your payslips should show 130hr instead of 120. You can regenerate payslips easily in software. I am not very familiar with recent changes but i think even hand written payslips were acceptable by home office. I will suggest that you avoid unnecessary stress by submitting the required documents at first place in correct format provided you have already put so much effort during last 5 years to this.
Good luck

[Meesha]

And why so many unnecessary documents which also go against u. I mean u also are submitting another document stating same 120 hours. You urself are stressing on this point by supplying CW multiple forms of 120 hours of work documents. Send only FPSs and correct payslips with 130hrs.
Seniors can confirm it if i am thinking it right.

[Meesha]

Sorry for multiple posts. Were u not paying pensions for ur employees. Was not it compulsory by law after nov 2017 to pay pensions for employees?

[CULLINAN]

Hi Tier11417,
Why were u paying employees on 4 weeks basis instead of monthly basis. I believe your payslips should show 130hr instead of 120. You can regenerate payslips easily in software. I am not very familiar with recent changes but i think even hand written payslips were acceptable by home office. I will suggest that you avoid unnecessary stress by submitting the required documents at first place in correct format provided you have already put so much effort during last 5 years to this.
Good luck

Thank you for your response. I know the correct and easiest way to do it was 130 hours/month. However, my accountant follows this format. I follwed the same format during my extension and was approved. The number of hours still work out to be 1560 per year. Its just a different way of seeing it I guess which can be confusing for caseworker but I will go ahead with this as I cant change it now. Fingers crossed

[CULLINAN]

And why so many unnecessary documents which also go against u. I mean u also are submitting another document stating same 120 hours. You urself are stressing on this point by supplying CW multiple forms of 120 hours of work documents. Send only FPSs and correct payslips with 130hrs.
Seniors can confirm it if i am thinking it right.

The guidance says 30 hours a week is full time. So my emoloyees have worked 104 weeks 30 hours a week. Monthly salary slips are made for 120 hours and 150 hours given which month has 5 fridays and 4 fridays. If I count it works out to be the same 1560 hours per year (120*8months + 150*4months) that is 1560 hours and its 30 hours per 52 weeks.
I dont know why but my accountant uses the same format and apparently all his other clients have been approved using the same format (including mine at extension) but maybe at extension stage the guidance clearly stated 120 hours a week but now it only states 30 hours a week. However, the new online form states 120 hours a week as FT also!

[CULLINAN]

Sorry for multiple posts. Were u not paying pensions for ur employees. Was not it compulsory by law after nov 2017 to pay pensions for employees?

The pension compliance is madatory. However, employee can opt out of pension if he/she want. Having said that, I have paid pension for all three employees since March 2018 till date.

[CULLINAN]

Just for comparion I am attaching my August salary slip and weekly chart as August has 5 fridays. So the salary slip is made for 150 hours.

Marcnath has been so kind to respond already.

Any other senior members @Zimba or @CR001 please can you also shed some light if this format is totally wrong or is there some hope?

Thank you

[CULLINAN]

FYI

[CULLINAN]

FYI

[CULLINAN]

FYI

[KNY]

My application is pinned to the top of this forum as a sample application. You can find all the details there

Hi Marcnath,

I am unable to see your application sample as suggested. Is there a particular place i have to look at? Sorry to bother you with this.

Thanks.

Kent.

uk-tier-1-entrepreneur-visas/an-example ... 34487.html

Many thanks for this sir.

[CULLINAN]

Dear Marcnath,

I found this link and a reply from economic migration policy Home Office regarding a situation similar to mine. What do you say about it?

I am not attaching the website link as not sure if I can copy paste it here.

Thanks

[aman90]

Thank you for your detailed response. Always appreciated.

1) It is true the guidelines do not specify 120hr/month as FT now. But the new online form surprisingly still takes 120 hours or 30 hours a week as FT.



2) I was going through my old documents which I submitted with my extension. Is this the RTI FPS report (that i attached previously) only? or does that include something called EPS (employer payment submission) and another page where a box appears giving the date of submission, correlation ID etc also? Previously I had sent them all.

Thank you

If the online form regards 120hrs as F/T then you are unnecessarily overthinking this issue.

[aman90]

Dear Marcnath,

I found this link and a reply from economic migration policy Home Office regarding a situation similar to mine. What do you say about it?

I am not attaching the website link as not sure if I can copy paste it here.

Thanks

The last line gives perspective on ur issue..
In a nutshell you paid ur employees for 28 days every month.. the other 2 or 3 days were unpaid..

[CULLINAN]

Thank you for your detailed response. Always appreciated.

1) It is true the guidelines do not specify 120hr/month as FT now. But the new online form surprisingly still takes 120 hours or 30 hours a week as FT.



2) I was going through my old documents which I submitted with my extension. Is this the RTI FPS report (that i attached previously) only? or does that include something called EPS (employer payment submission) and another page where a box appears giving the date of submission, correlation ID etc also? Previously I had sent them all.

Thank you

If the online form regards 120hrs as F/T then you are unnecessarily overthinking this issue.

Thank you for your reply. Yes i hope so i will be okay.