1) My first question is, can directors working full-time and getting paid above the minimum wage be considered as full-time employees satisfying the employment creation requirements or are only non-director employees considered?
- Yes you can work for your own company- i.e. employed by your own company where you are director. No problem here.
2) My second question is, would her part-time role make a Home Office Case Worker uneasy? My guess is it shouldn’t matter so long as she is working full-time for me. She completed a P46 and submitted to our payroll provider as part of her full-time employment with my company. Her tax code is “BR”.
- Yes no problem here either. As long as they put in 30+ hours / week. Whether they work 2 jobs or 10 it does not matter, as you technically cannot control your employee being dually employed. Can you ? So no problem here.
I've got the P11's, however these show earning for each month, as how they are reported to HMRC and how we pay taxes for PAYE, not each week. 3) My third question is, will this be a problem or should I get my payroll department to show weekly earnings?
- Yes this is a common problem/ question. Where the payroll runs monthly but UKVI asks weekly.
I have spoken to the UKBA(by email) and they said that it is not a problem and monthly is fine. And they will just use 130 hrs/ month as the calculation. So what they will do, is take the amount on the payslip and divide it by the hourly rate which you claim you have paid. And if the number is > 130 each month then its fine. As they know that the policy was not drafted properly. 130 hrs = (1560 hrs/12 months).
The above are not my words, but confirmed in writing from UKVI 1 year back on email.
Now don't ask me to share the email here, because I wont. And the email address is the same that we all know, so if you want to re-confirm you can shoot and email there - UKBApublicenquiries@ukba.gsi.gov.uk