Tier 1 Entrepreneur Visa - Extension

Hi All

I am on Tier1 Entrepreneur visa (50K route) and am preparing documents to apply for my visa extension which is due in March 2016. For now, I wanted some assistance with following please:

Page 50 of the guidance explains one of the requirements regarding job creation. It says that:

'A HM Revenue & Customs Employee Payment Record

168. The hours claimed for the award of points must be supported by an HM Revenue & Customs (HMRC) Employee Payment Record entry.
169. The employer must keep a record of the HMRC Employee Payment Record for at least three years. This form will show details of the earnings for the employee for each week that he/she worked for the employer.
170. The HMRC Employee Payment Record is the employer’s record of the earnings of each separate employee. These details will remain confidential and will be used to assess your claim for points.
171. You must also provide any changes to the worker’s hourly rate and the dates of this change. This enables the hours worked to be accurately calculated by dividing the earnings by the hourly rate'.

My question is as below:

Is there any specific template that is used for ‘HM Revenue & Customs Employee Payment Record’? If yes, where it can be taken from? and if there isn't any then can someone please help me with how this record should be created and maintained to meet this requirement?

Thanks for your help!

Im not sure if you are thinking of doing this manually, manually will be tricky it will need lot of calculation to match figures on all different sheets

I guess you must be having a accountant ?
Employee payment record will consist of Employee pay monthly total , Employee pay monthly total Extended version (it will show employees weekly earning or monthly earning with all the taxes), Departmental Analysis (will include yearly total of payment , hours , NI, Tax , Employer Tax etc ) . You should check with your accountant he can print it all of , with RTI's Full payment submissions for 12 month you are claiming for. All accounting software have these feature . Check with your accountant.

IF you dont have an accountant then I guess you must be sending your monthly RTI's personally ? Im asssuming to prepare these monthly payslips & RTI full payment submission you must be using some accounting software, you should have this feature in this software

Thanks for your reply.

My accountant has provided me with RTI full payment submissions (FPS) however FPS is noted as a separate requirement by home office on top of employee payment record Which suggests these are two separate things. Are they two separate things/ documents? However my accountant is saying he only has FPS from the accounting software. Do these softwares also provide employee payment record and extended record version?

I think if you read guidence it says RTI or FPS as these are the same things bur Yes Employee Payment Record EPS or P11 (I think) are same so get P11

Just my own thinking,senior or someone with accounting background could explain better

Hi All

My current Entrepreneur visa (50K route) is due to expire in March 2016 and I am planning to submit my extension application by end of February 2016.

I work as a Management Consultant through my limited company and currently I am working on a contract with a company called XYZ (name not disclosed, but a quite big company in financial sector). This contract (which is a Contract For Services), is between my limited company and XYZ, where I am providing the agreed services to XYZ on behalf of my limited company.

As part of XYZ's process, I will have to provide them the acknowledgement letter (that HO will issue for my extension application) who then will check with HO whether I am eligible to work or not whilst my visa application is being looked at. This request will be placed through Employer Checking Service enquiry form that is created by HO.

I wanted some expert opinions if any one sees any potential risk at the stage when XYZ will seek clarification from HO about my right to work.

Or, if any one has/had similar situation(s) please share your experience.

Thanks

fzp83 wrote:Hi All

My current Entrepreneur visa (50K route) is due to expire in March 2016 and I am planning to submit my extension application by end of February 2016.

I work as a Management Consultant through my limited company and currently I am working on a contract with a company called XYZ (name not disclosed, but a quite big company in financial sector). This contract (which is a Contract For Services), is between my limited company and XYZ, where I am providing the agreed services to XYZ on behalf of my limited company.

As part of XYZ's process, I will have to provide them the acknowledgement letter (that HO will issue for my extension application) who then will check with HO whether I am eligible to work or not whilst my visa application is being looked at. This request will be placed through Employer Checking Service enquiry form that is created by HO.

I wanted some expert opinions if any one sees any potential risk at the stage when XYZ will seek clarification from HO about my right to work.

Or, if any one has/had similar situation(s) please share your experience.

Thanks

Your claim that your company has contract for service does not seem to be true given that your client cares about your immigration status which means you are personally providing your services.
You seem to have a contract of service with another business which is not allowed under immigration laws. Your capacity seems to be simply filling a position in another company but you are providing your service via your own Personal service Company (and HMRC introduced IR35 rules to make sure people do not dodge employer's NI payments)
As far as I can tell, you are not a genuine entrepreneur and in breach of your conditions of stay. Generally if IR35 rules apply to you, then you are not an genuine entrepreneur.

Hi Zimba
i am trying to send you PM but message not going through dont know why

legendfar wrote:Hi Zimba
i am trying to send you PM but message not going through dont know why

I think there is a limitation here for new users to send PMs

hmmmmm i cant post it here unfortunately

legendfar wrote:hmmmmm i cant post it here unfortunately

I got your PM mate

Thats good thanks

Hi Zimba,
I am on 200000 route, and running removals transport business.
I rented out 2 vans to other removal company and fix money coming in bank every month. That is fine ? Or breach of any law. Please advise

Regards
Nadeem

nadeem75 wrote:Hi Zimba,
I am on 200000 route, and running removals transport business.
I rented out 2 vans to other removal company and fix money coming in bank every month. That is fine ? Or breach of any law. Please advise

Regards
Nadeem

I cannot comment on every business but you can check the HMRC IR35 rules. If you work in your own premises, hire staff, risk your own money, and your services do not require you to personally provide the services (e.g other employees can do it as well) then you are fine.

Hi Zimba

Many thanks for your reply.

I wanted to clarify that the contract between my company and the agency XYZ is for sure a Contract for Services. This particular agency has permanent staff as well as self employed people (working through their own limited companies) working for it on different contracts and it is interested in my visa status like it would be for all of its permanent staff. In addition, my company has couple of more contracts going on with other companies.

In light of above, can you please let me know your thoughts as I am concerned if this Employer Checking Service can have an impact on my visa application or my relation with the agency?

Also, IR35 rule is in my knowledge and I have ensured that it does not apply t0 me. (thanks for the heads up).

Appreciate your help in this regard,

fzp83 wrote:Hi Zimba

Many thanks for your reply.

I wanted to clarify that the contract between my company and the agency XYZ is for sure a Contract for Services. This particular agency has permanent staff as well as self employed people (working through their own limited companies) working for it on different contracts and it is interested in my visa status like it would be for all of its permanent staff. In addition, my company has couple of more contracts going on with other companies.

In light of above, can you please let me know your thoughts as I am concerned if this Employer Checking Service can have an impact on my visa application or my relation with the agency?

Also, IR35 rule is in my knowledge and I have ensured that it does not apply t0 me. (thanks for the heads up).

Appreciate your help in this regard,

Since its introduction, IR35 has caught many contractors who thought it does not apply to them, forcing many to pay hefty fines to the HMRC. So you really need to seek professional help to ensure your contracts do not fall under IR35 rules. When you are working for a company as a business, they contract your business not YOU, therefore your immigration statues must NOT be any concern to them. I advise you to refuse any request from them to check your immigration status. If your contract mentions your name as a contractor and makes you personally responsible for the work you do, you will fall under IR35 rules and that contract is merely a personal service contract (IR35 applies on a contract-to-contract basis)

Absolutely agree with Zimba

Thanks for your help in clarifying the situation for me.

Can I please ask two more questions regarding my visa extension?

1) Can you please confirm if it is a requirement to submit 3 years accounts to HO?

In my case (visa dates: March 2013 - March 2016), I transferred 50K into my business account in fiscal year 2014 - 2015 which has now been spent in full by the company. In my opinion, we only have to submit the accounts including the time when investment was made and also when it was spent by the company. Please correct me if I am wrong.

2) Regarding wage slips of employees, is it OK to submit photo copies of original wage slips or do I have to get Duplicate wage slips from my accountant?

Actually my accountant changed his software and lost most of his data. He may have to create all of wage slips again in case if photo copies can not be submitted to HO.

Thanks

Hi All

With the grace of Almighty Allah, I have got my visa extension approved. I want to thank all members of this forum for their help. Below is a small summary of the time line:

Tier 1 Entrepreneur Visa Extension - 50K route (along with two dependents):

File posted to HO on 2 March 2016
File received by HO on 3 March 2016
Bio-metrics given on 12 March 2016
Visa issued on 4 April 2016
BRPs received on 7 April 2016

Once again thanks a lot to all of you.

Regards,

Congratulations! Amazing news.

Could you please share list of documents?

congratulation
could you please put your list of documents

thanks for sharing infomation


could you pleas share documents list

OP
Keep your Tier 1 E queries in a single topic.

Congratulations
don't forget your friends, please share the documents you have submitted.
Thanks

Apologies for late reply:

here is the list of documents I submitted with my application:

Unaudited accounts along with accounts compilation reports
· Accountant’s letter of confirmation
· Director’s Loan Agreement
· Personal Account Statement showing when £60,000 (in installments as confirmed in the accountant's letter) was transferred to the business
· Business bank statements showing when £60,000 was received from my personal account
· Documents from the solicitors confirming purchase of the commercial property
· Land Registry document for the property
· CHAPS receipt confirming the amount paid to purchase the commercial property
· Letter from the Local Authority confirming the whole property is commercial (and has no residential part)
· Printout of a Companies House document showing the address of the registered office in the UK."
· Company bank statement showing that the company has a UK account."
· CT41G from HMRC
· Tax returns (CT600)
· Acknowledgement of a company tax return (CT620)"
· A printout of the company’s filing history page from Companies House
· A printout of the Current Appointment Report.
· ‘Real Time’-Full Payment Submissions for years 2013/2014, 2014/2015 and 2015/2016 (to date)
· Pay slips for all employees
· Evidence that employment was created for settled workers:
· P35 form for year 2012/2013
· Copies of P11 forms for years 2013/2014, 2014/2015 and 2015/2016 (to date)
· Accountant’s letter verifying that the new posts have been created (also confirms the hourly pay rate for each employee and No. of hours worked by each employee).
· Business Professional Insurance covering Professional Indemnity, Public and Products Liability and Employer’s Liability
· Building insurance for the commercial premises
· Company VAT Certificate
· Company Incorporation certificate
· Copy of Point Based Calculator Summary
· Company utility bills
· Company’s website screen printouts enclosed
· Online Brochure, also available through the company’s website - printout enclosed.

Congrats FZP83.

You mentioned in your last few posts that you were not sure RTI full payment submissions (FPS) are different things. Can you please advise what did you do at the end before. Did you only send FPS for RTI?

Thanks
IR