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How to invest

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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aby00156
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How to invest

Post by aby00156 » Wed Jul 16, 2014 2:09 am

I just got my Visa. I have showed 50K in my personal account. Now to qualify for extension instead of investing the 50k which I showed, will it be ok if i showed the investment from the revenue or profits. And also if the employee is a dependant then will it be considered as an investment,
So verily, with every difficulty, there is relief.

attahaas
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Location: LONDON, UK
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Re: How to invest

Post by attahaas » Thu Jul 17, 2014 5:13 pm

aby00156 wrote:I just got my Visa. I have showed 50K in my personal account. Now to qualify for extension instead of investing the 50k which I showed, will it be ok if i showed the investment from the revenue or profits. And also if the employee is a dependant then will it be considered as an investment,
To answer the first part of your question, YES, you can declare a dividend from your revenue/profits and reinvest your dividend in to your business and that is considered an investment.

For the second part of your question, NO, your employing a dependent worker doesn't qualify for extension. Only employing a "settled worker" qualifies for extension. Page 47 of 59 in the Tier 1 (Entrepreneur) Visa Policy Guidance defines who a "Settled worker" is.
What is a settled worker?
A27. Only jobs that are given to people with settled status in the UK will qualify for the award of points. Paragraph 6 of the Immigration Rules defines what we mean by “settled in the United Kingdom” This can be viewed on: http://www.gov.uk/government/collection ... tion-rules.
For the purposes of these guidance notes a ‘settled worker’ is a person who is:
• A national of the UK;
• A national of Austria, Belgium, Bulgaria, Croatia*, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland who is exercising an EC Treaty Right in the UK;
*NB – Workers from Croatia, unless exempt from worker authorisation, must have such authorisation (for instance a purple registration certificate) in order to commence work;
• British overseas territories citizens except those from Sovereign Base Areas in Cyprus. Those included are Anguilla, Bermuda, British Antarctic Territory, British Virgin Islands, British Indian Ocean Islands, Cayman Islands, Falkland Islands and dependencies, Gibraltar, Montserrat, Pitcairn Islands, St. Helena and Dependencies and Turks and Caicos Islands;
• Commonwealth citizens who were allowed to enter or to remain in the UK on the basis that a grandparent was born here;
• Settled in the UK within the meaning of the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999, and the Nationality, Immigration and Asylum Act 2002.
Note that workers requiring approval to work in the UK, such as holders of an immigration employment document under the work permit arrangements, will not count towards the award of points even if they have permission to work for your business. Any holder of a letter of permission to work under Tier 1 of the Points Based System such as under the Tier 1 (General) category will not count for the award of points.
Anyone with an ILR is also considered a settled worker.

Hope that helps.
•12-Feb-2015: Applied online (Team), 200K, India
•13-Feb-2015: Submitted documents and biometrics
•25-Feb-2015: Received email saying that they need more time
•03-Mar-2015: Interviewed separately
•05-Mar-2105: Received docs and passport with visa stamped!

K-Desilva
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Re: How to invest

Post by K-Desilva » Thu Jul 17, 2014 5:37 pm

Hi,

the spouse of british national, on settlement visa is also a settled worker?

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aby00156
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Re: How to invest

Post by aby00156 » Thu Jul 17, 2014 6:32 pm

Agree, I know that for 2 jobs should be of setteled persons. But my questions is can I also employ my dependant and show the salary which I give him as investment.
So verily, with every difficulty, there is relief.

Jeeves
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Re: How to invest

Post by Jeeves » Thu Jul 17, 2014 7:05 pm

And some people wonder why the Home Office is clamping down on this route...

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aby00156
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Re: How to invest

Post by aby00156 » Thu Jul 17, 2014 7:08 pm

And are you sure people with ILR are also considered as settled persons
So verily, with every difficulty, there is relief.

Momi
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Re: How to invest

Post by Momi » Thu Jul 17, 2014 8:14 pm

Jeeves wrote:And some people wonder why the Home Office is clamping down on this route...

Lol. True.

attahaas
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Re: How to invest

Post by attahaas » Fri Jul 18, 2014 3:39 am

aby00156 wrote:And are you sure people with ILR are also considered as settled persons
Check Q3 on page 8 of 29 of the FAQ about the illegal working civil penalty scheme
Q3 Once I have done the checks (OCC) do I need to do anything else while they work for me?
A. No, if the person is British, an EEA national or a person settled here. The latter group will be people who have “indefinite leave to remain/enter”, a “no time limit” or a “right of abode”. This is because there are no restrictions on their ability to work in the UK. These documents are set out in List A of the “Code of practice on preventing illegal working”.
Yes, if you conducted the check (OCC) using documents from Group 1 of List B of the Code. You will need to conduct a follow-up check to retain the excuse because the person has a temporary permission to stay in the UK.
Yes, if your check leads you to check against Group 2 of List B of the Code. You will have to contact the Home Office‟s Employer Checking Service who will verify a right to work. This will give you a statutory excuse from penalty for six months. You must then recheck at six months. Verification will be necessary when your potential employee or employee provides either a “Certificate of Application” or an “Application Registration Card” which allows work. It will also be necessary when you are reasonably satisfied that your potential employee or employee has an outstanding immigration application or appeal.
This guide applies for existing employees where a repeat check is required on or after 16 May 2014. If the initial check was made using documents in List B Group 1, the next check is required at the expiry of their permission to be in the UK and to do the work in question. Checks every 12 months are not required. If the initial check was made using documents in List B Group 2 prior to 16 May 2014, you are required to conduct the next check with the Employer Checking Service when the existing 12 month statutory excuse expires.
•12-Feb-2015: Applied online (Team), 200K, India
•13-Feb-2015: Submitted documents and biometrics
•25-Feb-2015: Received email saying that they need more time
•03-Mar-2015: Interviewed separately
•05-Mar-2105: Received docs and passport with visa stamped!

pkcd12
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Re: How to invest

Post by pkcd12 » Sat Jul 19, 2014 11:29 am

aby00156 wrote:Agree, I know that for 2 jobs should be of setteled persons. But my questions is can I also employ my dependant and show the salary which I give him as investment.

as long as you hire the required 2 people for the required amount of time, there is no limit as to how many others you can hire or who they are, as long as they are permitted to work legally in the UK. As far as the government is concerned, the more the merrier... :lol:
As for showing their salary as investment, as long as you HAVE INVESTED 50k/200k in your company, you can use it for any legitimate corporate expense, salaries included. The Policy Guidance says nothing of employee salaries, except for the Director's.

junaid123
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Re: How to invest

Post by junaid123 » Sun Jul 20, 2014 10:06 am

what about the office rent???
does it count as a investment or not??

Olasunkanmi
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Location: London, UK.

Re: How to invest

Post by Olasunkanmi » Sun Jul 20, 2014 1:32 pm

@ aby00156, in regard to your questions,

- It will be advisable for you to show how you transferred 50k investment funds into your business rather than recycling profits or revenue as investment funds.
You can simply take out the profit as dividend with the help of a good accountant and then transfer the money into your business account with documentation to show as money invested in business.

- You can employ anybody with legal right to work for your business, but you will only be able to use the employment of settled people for your extension.
So you can employ your dependant but you should be very careful of just transferring money to his acct without any job role to show for the payment.

Home Office are very likely to look into your annual account filled with companies house and any unusual activity may be scrutinize.
The key to success is knowledge and hardwork, and to have faith.

suvalike
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Re: How to invest

Post by suvalike » Mon Jul 21, 2014 5:38 pm

junaid123 wrote:what about the office rent???
does it count as a investment or not??
Hi Guys,

Will the office rent will be counted towards the investment...... ? e.g if i rent a small office and pay the monthly rent to the Property Agent every month ...So will that be counted towards investment and a simple recipient invoice from the property agent will be enough to prove it.

pkcd12
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Re: How to invest

Post by pkcd12 » Tue Jul 22, 2014 1:06 am

renting premises for business is legitimate corporate spending, and is not one of the exceptions listed in the policy guidance, so yes, it should count as spending for investment. HOWEVER, it should show on your yearly accounting books as a legitimate corporate expense; a simple invoice from an agent will probably not be enough.

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