ILR Job Creation

[jag0934]

Hi Moderators, thanks for all the detailed explanation here.

Apologies Alijafri, if it looks like am taking over your post, this is my first time here and I do not really know how this platform work, but it looks like you post look similar with my current situation

Am due to apply soon for my ILR with my wife who will be 5years as my dependent in June 2019 even though my extension was approved on October 2017 but my 5years on Tier 1 had passed since April 4, 2019.

Can I still use all my employees knowing the new rule from April 2019?

Here are the start and finish date of the employees with different job title:

Employee 1 – Start Date from Dec 2014 – present
10hrs/Week till Oct 2018; from Nov 2018 – Date (Full Time)

Employee 2 – Start Date Nov 2017 – Oct 2018 (20hrs /Week) but secure his Settle Status on 12 Nov
2018

Employee 3 - Start Date April 2018 – Present (Full Time)

The reason I did not apply prior the new rules, my accountant system crashed and could not retrieve the already submitted RTIs/FPS from November 2017 to March 2018, so he advised I waited extra months to get the months back since the employees are still working even though one had left since October 2018.

Thanks

[CR001]

Apologies Alijafri, if it looks like am taking over your post, this is my first time here and I do not really know how this platform work, but it looks like you post look similar with my current situation

Post split to your own topic.

[aman90]

What new rule?
The job creation requirements have always been the same.

What does “secure his settled status” mean?

Was employee 1 & 2 performing the same job?

[marcnath]

Hi Moderators, thanks for all the detailed explanation here.

Apologies Alijafri, if it looks like am taking over your post, this is my first time here and I do not really know how this platform work, but it looks like you post look similar with my current situation

Am due to apply soon for my ILR with my wife who will be 5years as my dependent in June 2019 even though my extension was approved on October 2017 but my 5years on Tier 1 had passed since April 4, 2019.

Can I still use all my employees knowing the new rule from April 2019?

Here are the start and finish date of the employees with different job title:

Employee 1 – Start Date from Dec 2014 – present
10hrs/Week till Oct 2018; from Nov 2018 – Date (Full Time)

Employee 2 – Start Date Nov 2017 – Oct 2018 (20hrs /Week) but secure his Settle Status on 12 Nov
2018

Employee 3 - Start Date April 2018 – Present (Full Time)

The reason I did not apply prior the new rules, my accountant system crashed and could not retrieve the already submitted RTIs/FPS from November 2017 to March 2018, so he advised I waited extra months to get the months back since the employees are still working even though one had left since October 2018.

Thanks

From your post, it appears Employee 2 was not a settled worked until Nov 2018.

You need two full time jobs of 12 months each. So, that means you will have to wait until Oct 2019 to meet the job creation requirement. That is when employee 1 will complete 12 months full time.

[jag0934]

[quote=aman90 post_id=1779708 time=1557732313 user_id=119442]
What new rule?
The job creation requirements have always been the same.

What does “secure his settled status” mean? His ILR was approved

Was employee 1 & 2 performing the same job? No Different job

[jag0934]

Hi Moderators, thanks for all the detailed explanation here.

Apologies Alijafri, if it looks like am taking over your post, this is my first time here and I do not really know how this platform work, but it looks like you post look similar with my current situation

Am due to apply soon for my ILR with my wife who will be 5years as my dependent in June 2019 even though my extension was approved on October 2017 but my 5years on Tier 1 had passed since April 4, 2019.

Can I still use all my employees knowing the new rule from April 2019?

Here are the start and finish date of the employees with different job title:

Employee 1 – Start Date from Dec 2014 – present
10hrs/Week till Oct 2018; from Nov 2018 – Date (Full Time)

Employee 2 – Start Date Nov 2017 – Oct 2018 (20hrs /Week) but secure his Settle Status on 12 Nov
2018

Employee 3 - Start Date April 2018 – Present (Full Time)

The reason I did not apply prior the new rules, my accountant system crashed and could not retrieve the already submitted RTIs/FPS from November 2017 to March 2018, so he advised I waited extra months to get the months back since the employees are still working even though one had left since October 2018.

Thanks

From your post, it appears Employee 2 was not a settled worked until Nov 2018.

You need two full time jobs of 12 months each. So, that means you will have to wait until Oct 2019 to meet the job creation requirement. That is when employee 1 will complete 12 months full time.

Thanks the feedback

So it means I can not combine employees 1 and 2 together even though the job existed for 12months?

[jag0934]

Hi Moderators, thanks for all the detailed explanation here.

Apologies Alijafri, if it looks like am taking over your post, this is my first time here and I do not really know how this platform work, but it looks like you post look similar with my current situation

Am due to apply soon for my ILR with my wife who will be 5years as my dependent in June 2019 even though my extension was approved on October 2017 but my 5years on Tier 1 had passed since April 4, 2019.

Can I still use all my employees knowing the new rule from April 2019?

Here are the start and finish date of the employees with different job title:

Employee 1 – Start Date from Dec 2014 – present
10hrs/Week till Oct 2018; from Nov 2018 – Date (Full Time)

Employee 2 – Start Date Nov 2017 – Oct 2018 (20hrs /Week) but secure his Settle Status on 12 Nov
2018

Employee 3 - Start Date April 2018 – Present (Full Time)

The reason I did not apply prior the new rules, my accountant system crashed and could not retrieve the already submitted RTIs/FPS from November 2017 to March 2018, so he advised I waited extra months to get the months back since the employees are still working even though one had left since October 2018.

Thanks

From your post, it appears Employee 2 was not a settled worked until Nov 2018.

You need two full time jobs of 12 months each. So, that means you will have to wait until Oct 2019 to meet the job creation requirement. That is when employee 1 will complete 12 months full time.

Thanks the feedback

So it means I can not combine employees 1 and 2 together even though the job existed for 12months?

Hi marcnath,

Can this be applicable to my case based on Page 56 Annex E–Example job creation table

"The jobs must exist for at least 12 months.Within the same job, another worker can replace a worker who is employed for part of a year and thenleaves the job, so that the employment as a whole adds up to 12 months. The hours of workers in 2 part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the 2 part-time jobs exist for 12 months. We consider full-time to be 30 hours per week.Each job will be assessed separately unless you indicate below that you wish to combine one job with another job".

Thanks

[marcnath]

Hi marcnath,

Can this be applicable to my case based on Page 56 Annex E–Example job creation table

"The jobs must exist for at least 12 months.Within the same job, another worker can replace a worker who is employed for part of a year and thenleaves the job, so that the employment as a whole adds up to 12 months. The hours of workers in 2 part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the 2 part-time jobs exist for 12 months. We consider full-time to be 30 hours per week.Each job will be assessed separately unless you indicate below that you wish to combine one job with another job".

Thanks

It is not clear how this can be applicable. If you explain that, I can try to address that.

You have three jobs created as you mentioned employee 1 and 2 are on different jobs where you only needed two.

If Employee 2 was a settled worker from the beginning, then you could have combined Job 1 and Job 2. But since employee 2 was not settled, you can't do that.

[aman90]

2 part time jobs can be combined if they’ve existed for 12 months.
What was non settled employees status before ILR?

[jag0934]

Hi marcnath,

Can this be applicable to my case based on Page 56 Annex E–Example job creation table

"The jobs must exist for at least 12 months.Within the same job, another worker can replace a worker who is employed for part of a year and thenleaves the job, so that the employment as a whole adds up to 12 months. The hours of workers in 2 part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the 2 part-time jobs exist for 12 months. We consider full-time to be 30 hours per week.Each job will be assessed separately unless you indicate below that you wish to combine one job with another job".

Thanks

It is not clear how this can be applicable. If you explain that, I can try to address that.

You have three jobs created as you mentioned employee 1 and 2 are on different jobs where you only needed two.

If Employee 2 was a settled worker from the beginning, then you could have combined Job 1 and Job 2. But since employee 2 was not settled, you can't do that.

Thanks for the feedback

If I combine employee 1 and 2 together, creating a Full-Time job instead of having different job title for the 2 employees; combining the 2 employees guess will make the job created to be one full-time job and will be existed for more than 12months

Employee 2 is on dependent visa before his ILR was approved on 12 Nov 2017 but started working for my business since Nov 01, 2017.

Employee 1 has been settled and had been with the company since 2014

Thanks

[jag0934]

2 part time jobs can be combined if they’ve existed for 12 months.
What was non settled employees status before ILR?

Employee 2 is on dependent visa (Marriage) before his ILR was approved on 12 Nov 2017 but started working for my business since Nov 01, 2017.

[marcnath]

2 part time jobs can be combined if they’ve existed for 12 months.
What was non settled employees status before ILR?

Employee 2 is on dependent visa (Marriage) before his ILR was approved on 12 Nov 2017 but started working for my business since Nov 01, 2017.

In your initial post, you said Employee was settled in Nov 2018. Now you say Nov 2017 - which is correct. That makes a big difference !!!!

[jag0934]

2 part time jobs can be combined if they’ve existed for 12 months.
What was non settled employees status before ILR?

Employee 2 is on dependent visa (Marriage) before his ILR was approved on 12 Nov 2017 but started working for my business since Nov 01, 2017.

In your initial post, you said Employee was settled in Nov 2018. Now you say Nov 2017 - which is correct. That makes a big difference !!!!

That was a mistake. Employee 2 start date is 01 Nov 2017 and ILR was granted 12 Nov 2017.
He left the company 31 October 2018 and weekly hours then is 20hrs before leaving the company.

I hope this clarify my initial mistake

[aman90]

extension: October 2017
5years: April 4, 2019.

Job 1:

Emp 1 –
Oct 17 -Oct 18= 10hrs PT /13 months
Nov 2018 – June 19= FT

Combined with:

Job 2 :

Emp 2 –
Nov 17 – Oct 18= 20hrs PT /12 months

Job 3:
Emp-3 - April 2018 – June 19 (Full Time)

Extension approval date?
As long as employee 2 had right to work. You are ok to apply as above.

[jag0934]

extension: October 2017
5years: April 4, 2019.

Job 1:

Emp 1 –
Oct 17 -Oct 18= 10hrs PT /13 months
Nov 2018 – June 19= FT

Combined with:

Job 2 :

Emp 2 –
Nov 17 – Oct 18= 20hrs PT /12 months

Job 3:
Emp-3 - April 2018 – June 19 (Full Time)

Extension approval date?
As long as employee 2 had right to work. You are ok to apply as above.

Thanks for the detailed explanation
Extension approval date was 20 Oct 2017.

[jag0934]

Hi moderators,

Thanks for all the help so far.

I don’t know if this has happened to any member before, but I will like to know how this issue was resolved; my accountant system crashed, and he could not retrieve the already submitted RTIs/FPS from November 2017 to March 2018, so he advised I waited extra 5 months to get the months back since the employees are still working.

My question now is, if possible to resubmit the RTI again from Nov 2017 to March 2018 since I cannot get a copy of the submissions or what other proof can I used to claim I submitted RTI for this period?

Have contacted HRMC for this if I can get a copy of submitted RTIs but they sent me a letter that they have contacted the Home Office regarding my request, the Home Office said any document from HRMC regarding the copy of the RTIs will not be an acceptable format for the purpose of my Visa, because “such information should come directly from the business”

Can I still claim the employment period for the employees from Nov 2017 or just start counting from April 2018 – to Date since I do not have any RTI from Nov 2017 – March 2018 apart from payslips?

I will really appreciate your comment on this also.

Thanks

[aman90]

Hi moderators,

Thanks for all the help so far.

I don’t know if this has happened to any member before, but I will like to know how this issue was resolved; my accountant system crashed, and he could not retrieve the already submitted RTIs/FPS from November 2017 to March 2018, so he advised I waited extra 5 months to get the months back since the employees are still working.

No back up? The fact that you agreed is baffling!

My question now is, if possible to resubmit the RTI again from Nov 2017 to March 2018 since I cannot get a copy of the submissions or what other proof can I used to claim I submitted RTI for this period?

No need to. Employers summary? I presume you receive that every month.. Regenerate FPS without submitting again.

Have contacted HRMC for this if I can get a copy of submitted RTIs but they sent me a letter that they have contacted the Home Office regarding my request, the Home Office said any document from HRMC regarding the copy of the RTIs will not be an acceptable format for the purpose of my Visa, because “such information should come directly from the business”

Bizarre that HMRC contact HO on ur behalf.
Ho confirms the RTI FPS with HMRC .

Can I still claim the employment period for the employees from Nov 2017 or just start counting from April 2018 – to Date since I do not have any RTI from Nov 2017 – March 2018 apart from payslips?

Of course you can!!! Explained above.

I will really appreciate your comment on this also.

Thanks

Discuss with another accountant as well.

[CULLINAN]

Note RTI FPS is a compulsory document and without that you cannot claim for the missed months. However, as Aman mentioned, if you can regenerate the RTI FPS without submitting those to HMRC, you can use that. Member “Meesha” has done that for her extension she might be able to guide better.

[aman90]

uk-tier-1-entrepreneur-visas/rti-fps-t227205.html

Further to help ur accountant..

[marcnath]

2 part time jobs can be combined if they’ve existed for 12 months.
What was non settled employees status before ILR?

Employee 2 is on dependent visa (Marriage) before his ILR was approved on 12 Nov 2017 but started working for my business since Nov 01, 2017.

In your initial post, you said Employee was settled in Nov 2018. Now you say Nov 2017 - which is correct. That makes a big difference !!!!

That was a mistake. Employee 2 start date is 01 Nov 2017 and ILR was granted 12 Nov 2017.
He left the company 31 October 2018 and weekly hours then is 20hrs before leaving the company.

I hope this clarify my initial mistake

Ok. If ILR was granted Nov 2017, you can use Job 1 and Job 2 as two part time jobs that have lasted 12 months each.

You seem to be meeting the requirements then.

[jag0934]

Note RTI FPS is a compulsory document and without that you cannot claim for the missed months. However, as Aman mentioned, if you can regenerate the RTI FPS without submitting those to HMRC, you can use that. Member “Meesha” has done that for her extension she might be able to guide better.

Hi Moderators,

Thanks for all your feedback.

As advised, have asked my accountant to regenerate another RTI/FPS without submitting it to HMRC to cover the missing period but he is still insisting that, is not possible to generate another RTI without submission, though I suggested he tried using Moneysoft to see for himself but now he requested to see how the final format of the RTI will look like without submitting this to HMRC that this will help me to know what the end result will look like.

I don't if anybody can share with me how the final RTI/FPS will look like without really submitting it to HMRC since this has been submitted before but the submission report is not available due to system failure/crash.

Also, I just discovered there is a mistake on one of the submitted RTI for the month of April 2018; Another employee name who already left the company, her name is showing on the submission against the recent employee who replaced her even though the hours worked and hourly rate is the same, when I asked the accountant for way forward to rectify this mistake, he suggested End / Earlier Year Update will be ok to correct this,
My question; what will be the effect of the already submitted RTI for the month of April 2018 on the recent/right employee who is stilll working and who I plan to use as part of my application even though the accountant rectify the mistake by submitting End / Earlier Year Update, without the name of the right/correct employee showing on the RTI submission; Can he regenerate another RTI FPS without submitting this to HMRC just for the month of April once the year update has been done to reflect the correct employee name since the mistake is just on the name, the rate and hours worked the same?

Thanks for all the help so far.

[CULLINAN]

Note RTI FPS is a compulsory document and without that you cannot claim for the missed months. However, as Aman mentioned, if you can regenerate the RTI FPS without submitting those to HMRC, you can use that. Member “Meesha” has done that for her extension she might be able to guide better.

Hi Moderators,

Thanks for all your feedback.

As advised, have asked my accountant to regenerate another RTI/FPS without submitting it to HMRC to cover the missing period but he is still insisting that, is not possible to generate another RTI without submission, though I suggested he tried using Moneysoft to see for himself but now he requested to see how the final format of the RTI will look like without submitting this to HMRC that this will help me to know what the end result will look like.

I don't if anybody can share with me how the final RTI/FPS will look like without really submitting it to HMRC since this has been submitted before but the submission report is not available due to system failure/crash.

Also, I just discovered there is a mistake on one of the submitted RTI for the month of April 2018; Another employee name who already left the company, her name is showing on the submission against the recent employee who replaced her even though the hours worked and hourly rate is the same, when I asked the accountant for way forward to rectify this mistake, he suggested End / Earlier Year Update will be ok to correct this,
My question; what will be the effect of the already submitted RTI for the month of April 2018 on the recent/right employee who is stilll working and who I plan to use as part of my application even though the accountant rectify the mistake by submitting End / Earlier Year Update, without the name of the right/correct employee showing on the RTI submission; Can he regenerate another RTI FPS without submitting this to HMRC just for the month of April once the year update has been done to reflect the correct employee name since the mistake is just on the name, the rate and hours worked the same?

Thanks for all the help so far.

Your accountant is not being helpful at all. You need the correct employee name to claim for that relevant month.

This is why you should always keep an eye on your accountant on a monthly basis as Tier 1 Ent is a complicated route and even a small mistake can be disastrous.

I think there is a way to regenerate the RTI FPS but I am not aware of how to do it myself. Maybe other members can help.

[aman90]

How did you know how much tax to pay against employees every month?

[jag0934]

How did you know how much tax to pay against employees every month?

I have access to online Employer Payee Account,

[aman90]

How did you know how much tax to pay against employees every month?

I have access to online Employer Payee Account,

What exactly is that? How is it accessed? Does it not contain the info of the previous months. Was ur accountant using software by HMRC?