EMPLOYEES HOURS CALCULATION

[james1974]

Hello Guys,
I am confused with hours to get ILR. Basically I wasn't aware to have two full time employees to meet the ILR requirements for 5 years entrepreneur tier 1 £200000 route. I got extension September 12, 2017 and had 1 full time employee who left on 30 November 2017. (worked around 45 days after extension) Later on I had no employees at all. Currently I appointed employees as under
1 part time sales girl dated 13 August 2018 (16 hours)
1 part time salesman dated 15 august 2018 (16 hours)
1 part time admin dated 20 august 2018 (16 hours)
1 part time admin dated 20 August 2018 (20 hours)
From 1st March 2019 admin job will be continued by one employee as full time because the other one is leaving end of February 2019. Therefore one existing admin will work as full time. Is that okay? I paid all employees in cash because I am running a boutique and mostly customers pay cash so instead of depositing in bank I used to pay employees in cash but now I have been advised to pay through bank so will transfer from February 2019. I never asked for payslip or RTI from accountant and thought they are submitting everything on time. A day before I went to ask about payslip and RTI they simply said sorry because they have missed all employees payroll and made excuse that the lady used to do my company payroll has left and new worker forgot to submit. But they have submit all previous 4 months now and given me payslip and RTI which shows employees pay and also paid the required tax and NI now for previous 4 months.
Guys I know it is bit confusing for you but please help me to understand is that all okay and wouldn't affect my ILR application which will be applied once these employees complete 2 full time job around mid of August 2019 Also please check the hours of employees and correct me if you find wrong. Your cooperation will be appreciated highly.

[marcnath]

Hello Guys,
I am confused with hours to get ILR. Basically I wasn't aware to have two full time employees to meet the ILR requirements for 5 years entrepreneur tier 1 £200000 route. I got extension September 12, 2017 and had 1 full time employee who left on 30 November 2017. (worked around 45 days after extension) Later on I had no employees at all. Currently I appointed employees as under
1 part time sales girl dated 13 August 2018 (16 hours)
1 part time salesman dated 15 august 2018 (16 hours)
1 part time admin dated 20 august 2018 (16 hours)
1 part time admin dated 20 August 2018 (20 hours)
From 1st March 2019 admin job will be continued by one employee as full time because the other one is leaving end of February 2019. Therefore one existing admin will work as full time. Is that okay? I paid all employees in cash because I am running a boutique and mostly customers pay cash so instead of depositing in bank I used to pay employees in cash but now I have been advised to pay through bank so will transfer from February 2019. I never asked for payslip or RTI from accountant and thought they are submitting everything on time. A day before I went to ask about payslip and RTI they simply said sorry because they have missed all employees payroll and made excuse that the lady used to do my company payroll has left and new worker forgot to submit. But they have submit all previous 4 months now and given me payslip and RTI which shows employees pay and also paid the required tax and NI now for previous 4 months.
Guys I know it is bit confusing for you but please help me to understand is that all okay and wouldn't affect my ILR application which will be applied once these employees complete 2 full time job around mid of August 2019 Also please check the hours of employees and correct me if you find wrong. Your cooperation will be appreciated highly.

When you say 4 months back, from when exactly ? If it is from the start of the employment, the delay in submission itself is not an issue.

Shifting from two part time employees to 1 full time employee for the same job should be ok. But it is not something clearly specified in the immigration rules, so it is not clear how that will be interpreted. Make sure you submit all of those employees in the same job table.

[james1974]

Thanks for prompt response.
here is the joining dates and job role specified for each employee
1 part time sales girl stared 13 August 2018 (16 hours)
1 part time salesman started 15 august 2018 (16 hours)
1 part time admin started august 2018 (16 hours)
1 part time admin started 20 August 2018 (20 hours)

[marcnath]

Thanks for prompt response.
here is the joining dates and job role specified for each employee
1 part time sales girl stared 13 August 2018 (16 hours)
1 part time salesman started 15 august 2018 (16 hours)
1 part time admin started august 2018 (16 hours)
1 part time admin started 20 August 2018 (20 hours)

The question was from when exactly is the back RTI submitted. If it was from these starting dates, you should be ok

[james1974]

I know I am repeating same question and hope you wouldn't mind. I believe you understand the sensitive of my case.
All I meant to say accountant has submitted RTI and Payslip on dated 31 January 2019 in back dates since employment started from August 2018.is that okay? Also is there issue paid in cash to employees? also will HO ask why I appointed all employees in the same month? Kindly reply all quarries in detail please.

[marcnath]

I know I am repeating same question and hope you wouldn't mind. I believe you understand the sensitive of my case.
All I meant to say accountant has submitted RTI and Payslip on dated 31 January 2019 in back dates since employment started from August 2018.is that okay? Also is there issue paid in cash to employees? also will HO ask why I appointed all employees in the same month? Kindly reply all quarries in detail please.

I already replied to that. Submitting RTI late may give you problems/fines with HMRC but do not violate immigration rules.

Did the accountant just submit one RTI in January showing all the money paid from August to January OR did they submit separate RTI for each month starting August.

If it is the latter, it should be no issue.

If it is the former, you should get that corrected or you will not be able to qualify for ILR

[james1974]

All 4 months RTI submitted separately.
as bellow.
1st september 2018 for for all new appointed 4 employees, then
1st October 2018
1st November 2018
1st December 2018
2nd January 2019
and for the month of January will be submitted on 1st February 2019.
during this time director's payroll was maintained his salary and RTI submitted on time every month. just the delayed for employees as discussed. kindly highlight your reservations. or you think nothing went wrong?

[marcnath]

All 4 months RTI submitted separately.
as bellow.
1st september 2018 for for all new appointed 4 employees, then
1st October 2018
1st November 2018
1st December 2018
2nd January 2019
and for the month of January will be submitted on 1st February 2019.
during this time director's payroll was maintained his salary and RTI submitted on time every month. just the delayed for employees as discussed. kindly highlight your reservations. or you think nothing went wrong?

That should be fine.

[james1974]

Thank you so much. you are superb dear marcnath