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T1 extension , advise please

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

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walkingintherain
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T1 extension , advise please

Post by walkingintherain » Thu Feb 04, 2016 3:41 am

Hi friends,
Just a quick advise from Gurus please.
My T1 (50k route) extension is due in May 2016 & once I apply, I will have exactly 8 months left to my Indifinit residence permit. Could anyone suggest all the possible options to get to Indifinit leave please,
Say 2 month passes in apply & decision
Just in case there is an unfortunate rejection for some reason then another month will pass in the review,
Any further options please?
All suggestions would be much much appreciated.

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zimba
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Re: T1 extension , advise please

Post by zimba » Thu Feb 04, 2016 10:39 am

walkingintherain wrote:Hi friends,
Just a quick advise from Gurus please.
My T1 (50k route) extension is due in May 2016 & once I apply, I will have exactly 8 months left to my Indifinit residence permit. Could anyone suggest all the possible options to get to Indifinit leave please,
Say 2 month passes in apply & decision
Just in case there is an unfortunate rejection for some reason then another month will pass in the review,
Any further options please?
All suggestions would be much much appreciated.
When you apply for ILR after your extension, you need to satisfy job creation criteria again. I am not sure how is that going to affect you if you apply under 10 years continuous ILR.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

walkingintherain
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Re: T1 extension , advise please

Post by walkingintherain » Fri Feb 05, 2016 2:01 am

Thanks Zimba,
It's somewhat a big confusing but I will still keep my employees till my permanent stay, but once I get through this extension successfully.
My question is, what are the possible options to pass my 8 months in total to permanent stay please. As mentioned above, the extension application and review in case of rejection will cover around 3 to 4 months in total,, any suggestions for the remaining 4 months please? Guys you can PM me just in case you don't wish to publicly suggest please. Thanks alot

walkingintherain
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Urgent advise needed on extension please.

Post by walkingintherain » Mon Mar 14, 2016 8:06 pm

Dear Gurus.
Just a quick advise needed from you brothers.
I have T1 extension (50k route) due in a month.
We initially got T1 visa as a group of two, invested about 22kz in the start. But he changed into ILR last year, at a point when we had jointly invested about £34kz. I contacted a solicitor & was told to continue the investment as it is. Recently I transferred a further £16ks into my busiiness account, bringing the total investment to date as £50kz.
Few days back I contacted the same solictor again as before, but this time he told me that I should invest £50ks of my own & ignore the investment we jointly made before as the group no longer exists for extension purposes.
My query is, what should I do in such a situation & such a short period of time?
2nd , I have neither decleard the investment as a loan or share capital till todays date as I am confused whether to show the investment on 50/50 ownership basis or some other way?
A prompt reply will be much appreciated.
Last few days have been very stressful.
Thank you all.

whiteroses
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Re: Urgent advise needed on extension please.

Post by whiteroses » Mon Mar 14, 2016 8:14 pm

I am unsure about the first question as to whether you need to make the £50K investment. However, if you have transferred money to the business which is not share capital (as that would have to be reported to Companies House within 4 weeks of share capital issue), your option would be director's loan only.

mohammed1980
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Re: Urgent advise needed on extension please.

Post by mohammed1980 » Mon Mar 14, 2016 8:30 pm

Even if your friend does not require visa now, he can still be your 50% partner in business, cant he?
Please read the guidance and immigration rules carefully and do not depend on the solicitor wholly.
Thanks
walkingintherain wrote:Dear Gurus.
Just a quick advise needed from you brothers.
I have T1 extension (50k route) due in a month.
We initially got T1 visa as a group of two, invested about 22kz in the start. But he changed into ILR last year, at a point when we had jointly invested about £34kz. I contacted a solicitor & was told to continue the investment as it is. Recently I transferred a further £16ks into my busiiness account, bringing the total investment to date as £50kz.
Few days back I contacted the same solictor again as before, but this time he told me that I should invest £50ks of my own & ignore the investment we jointly made before as the group no longer exists for extension purposes.
My query is, what should I do in such a situation & such a short period of time?
2nd , I have neither decleard the investment as a loan or share capital till todays date as I am confused whether to show the investment on 50/50 ownership basis or some other way?
A prompt reply will be much appreciated.
Last few days have been very stressful.
Thank you all.

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Re: Urgent advise needed on extension please.

Post by Mrchaany » Mon Mar 14, 2016 9:12 pm

Walkingintherain

you better know your situation regardless your solicitors

If your team member is still your business partner and being one of the director of your company so it means it does not matter whether he changed his visa or not. still is your business partner by law.

Dont totally trust one solicitors or immigration consultants, because at the end of the day it your responsibility to comply rules and regulation of your visa.

regards
i khan

walkingintherain
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Re: Urgent advise needed on extension please.

Post by walkingintherain » Mon Mar 14, 2016 9:31 pm

[b]mohammed1980"]Even if your friend does not require visa now, he can still be your 50% partner in business, cant he?
Please read the guidance and immigration rules carefully and do not depend on the solicitor wholly.
Thanks[/img]
[/b]
thanks Muhammad,
yes he can and currently is my 50/50 partner but the question is how should i show the investment as he is on ILR now and will no longer be applying for T1 extension with me,
should the investment be as
1) 50/50 as usual and declare it as a loan to the company or mix of shares & loans
2) show the £34ks we invested before his ILR as a 50/50 investment and the remaining £16ks as my personal loan to the company , totalling £50 kz
3) or transfer a fresh £50 kz into our business account from my own funds back home & show it as a loan or shares investment of my own and ignore all the investments we jointly made before.
totally confused to be honest. any suggestions would be much appreciated. cheers
Last edited by walkingintherain on Mon Mar 14, 2016 9:45 pm, edited 3 times in total.

walkingintherain
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Re: Urgent advise needed on extension please.

Post by walkingintherain » Mon Mar 14, 2016 9:41 pm

[quote][quote="Business2business"]Walkingintherain

you better know your situation regardless your solicitors

If your team member is still your business partner and being one of the director of your company so it means it does not matter whether he changed his visa or not. still is your business partner by law.

Dont totally trust one solicitors or immigration consultants, because at the end of the day it your responsibility to comply rules and regulation of your visa.

regards
i khan[/quote]
[/quote]

Dear I Khan,

yes its clear he is my business partner. By law is not a problem. But the situation for T1 is somewhat confusing for me. He will not be applying for extension as he is on ILR and I am confused how to show our investment in the business, should I still treat as a Team investment for extension purposes and show it accordingly in our business accounts OR transfer my own £50 kz into the business account as a fresh investment and ignore all the previous investments we made?
2nd point is, I have transferred £12 ks into our business account, referenced as investment not loan. so should i show that as a share capital investment or a loan investment would still be OK ?

mohammed1980
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Re: Urgent advise needed on extension please.

Post by mohammed1980 » Tue Mar 15, 2016 10:15 am

walkingintherain wrote: thanks Muhammad,
yes he can and currently is my 50/50 partner but the question is how should i show the investment as he is on ILR now and will no longer be applying for T1 extension with me,
should the investment be as
1) 50/50 as usual and declare it as a loan to the company or mix of shares & loans
2) show the £34ks we invested before his ILR as a 50/50 investment and the remaining £16ks as my personal loan to the company , totalling £50 kz
3) or transfer a fresh £50 kz into our business account from my own funds back home & show it as a loan or shares investment of my own and ignore all the investments we jointly made before.
totally confused to be honest. any suggestions would be much appreciated. cheers
You must show that he has invested 25000 and you have invested 25000. If you have invested more than 25k, it does not matter. Ask your friend to invest his part of 25K.

mohammed1980
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Re: Urgent advise needed on extension please.

Post by mohammed1980 » Tue Mar 15, 2016 10:23 am

Your application will be based on your merits, irrespective of your team member applies for his extension or not.

If the rule says, both members must invest in equal amounts, then your partner must also invest his part.

walkingintherain
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T1.(£50k) route extension. Some help please!

Post by walkingintherain » Thu Apr 21, 2016 8:18 am

Dear Members & Gurus.
I have extension due within the next few weeks. Few question please.
1) I/We initially got the visa in 2013.
Employed one staff for 10 months and another for 4 months to fulfill the same genuine position.
Employed another staff for 10 months to fulfill a different position( but one month salary was not paid because he stayed out of country for two months , one month in excess of his statutory paid holidays)
Employed another staff for 9 months to fulfill another different role in our business.
(All the above staff has been employed for in excess of 30hrs/week roles)
Employed another staff since Feb 2016 on a part time basis (24hrs/week).
My question is, as an enterprenuer in the Pre. April 2014, rules, have I fulfilled the required rules for staff recruitment, job creation and required number of hours please?

Q2) my other group member who is still a director & shareholder in our business, has changed to ILR last year, at a time when we had invested around £22kz. Hence, the rules were not clear enough to me, I could not do nothing, but recently decided to put my own £50kz in our business as my own investment (£25k loan & 25k shares).
Is it safe to do so at this moment when my extension is just a few weeks away?

All your genuine suggestions & responses will be much appreciated.
Thanks alot.

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zimba
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Re: T1.(£50k) route extension. Some help please!

Post by zimba » Thu Apr 21, 2016 9:40 am

1) I/We initially got the visa in 2013.
Employed one staff for 10 months and another for 4 months to fulfill the same genuine position.
Employed another staff for 10 months to fulfill a different position( but one month salary was not paid because he stayed out of country for two months , one month in excess of his statutory paid holidays)
Employed another staff for 9 months to fulfill another different role in our business.
(All the above staff has been employed for in excess of 30hrs/week roles)
Employed another staff since Feb 2016 on a part time basis (24hrs/week).
My question is, as an enterprenuer in the Pre. April 2014, rules, have I fulfilled the required rules for staff recruitment, job creation and required number of hours please?
Based on what you said, you have created more than 24 months of full time employment. That is enough for award of points towards your job creation
Q2) my other group member who is still a director & shareholder in our business, has changed to ILR last year, at a time when we had invested around £22kz. Hence, the rules were not clear enough to me, I could not do nothing, but recently decided to put my own £50kz in our business as my own investment (£25k loan & 25k shares).
Is it safe to do so at this moment when my extension is just a few weeks away?
As long as you have all the documentary evidence to prove the investment under your name. Company accounts, loan agreement, share certificate, business bank accounts.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: T1 extension , advise please

Post by geriatrix » Thu Apr 21, 2016 10:40 am

Keep your Tier 1 E queries in a single topic.
Life isn't fair, but you can be!

Kerim90
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Re: Urgent advise needed on extension please.

Post by Kerim90 » Thu Apr 21, 2016 10:49 pm

whiteroses wrote:I am unsure about the first question as to whether you need to make the £50K investment. However, if you have transferred money to the business which is not share capital (as that would have to be reported to Companies House within 4 weeks of share capital issue), your option would be director's loan only.


Could you please confirm where it is written that share capital would have to be reported to companies house within 4 weeks of share capital issue.

I have transferred 69 k in many installments with in 2 years.
In first year account it shown 12k ( 12k transferred in many installments to business account ) and second year account will show rest as a share capital.

Your above statement ( report to company house within 4 weeks of share capital issue) made me really confused and worried.

walkingintherain
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Re: T1 extension , advise please

Post by walkingintherain » Sat Apr 23, 2016 1:03 pm

[b]Zimba88: Based on what you said, you have created more than 24 months of full time employment. That is enough for award of points towards your job creation[/b]

Hi zimba, as you can see one of the jobs we created lasted more than 12 months but the other three jobs (which are all different jobs) are less than a year. Do we, under the pre-april 2014 rules, have to show a total of 24 months worth of employment creation, does not matter how many jobs or for how months they last?

and secondly, when we transfer the money to our business account, does it need to show the reference as a "loan from Director My name" or just a transfer referenced with my name would be fine? as I have transferred a few thousands without reference as a Loan.
Thank you

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Re: T1 extension , advise please

Post by jafersadeq » Sat Apr 23, 2016 6:33 pm

walkingintherain wrote:Zimba88: Based on what you said, you have created more than 24 months of full time employment. That is enough for award of points towards your job creation

Hi zimba, as you can see one of the jobs we created lasted more than 12 months but the other three jobs (which are all different jobs) are less than a year. Do we, under the pre-april 2014 rules, have to show a total of 24 months worth of employment creation, does not matter how many jobs or for how months they last?

and secondly, when we transfer the money to our business account, does it need to show the reference as a "loan from Director My name" or just a transfer referenced with my name would be fine? as I have transferred a few thousands without reference as a Loan.
Thank you
Hi
The money came from your personal account, not from other one. This is enough proof. copy of your transaction and copy of your business account statement shows that transaction
Thanks
Thanks

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zimba
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Re: T1 extension , advise please

Post by zimba » Sun Apr 24, 2016 8:32 pm

Hi zimba, as you can see one of the jobs we created lasted more than 12 months but the other three jobs (which are all different jobs) are less than a year. Do we, under the pre-april 2014 rules, have to show a total of 24 months worth of employment creation, does not matter how many jobs or for how months they last?
Yes. Under transitional arrangements you CAN create multiple jobs (even lasting less than 12 months) to cover 24 months of employment.
and secondly, when we transfer the money to our business account, does it need to show the reference as a "loan from Director My name" or just a transfer referenced with my name would be fine? as I have transferred a few thousands without reference as a Loan.
It should only show your name. That is enough
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

n8net
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Re: T1 extension , advise please

Post by n8net » Mon Apr 25, 2016 10:30 am

but you can have a transaction with a ref in your name from other peopl's acocunt as well ? How do we prove it is from the applicants personal account ?

thanks

walkingintherain
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Extension, part of funds transferred by my relatives

Post by walkingintherain » Thu Apr 28, 2016 3:42 pm

Hey, I also transferred the cash now to our business account but in a slightly different way. My father sent me £35kz now nd I transferred it into our business account for extension. We had spent around £22kz initially but just because my other team member changed to ILR, so somebody suggested me to show my own £50kz.. and in that case I had to take help from my parents once again.
Does anybody thinks it will be a problem for me please? Like having money recently transferred by parents which were eventually transferred into business account from my personal account.. do I need to show source of money again?

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Re: Extension, part of funds transferred by my relatives

Post by aby00156 » Thu Apr 28, 2016 4:07 pm

You should have no problem if the money coming into the business account is from your personal account and has your name on the transaction.
(For extension and only for Home Office; from where you get the money into your personal account does not matter, the only thing matters is transfer of funds from personal to business account with your name and a proper agreement)
So verily, with every difficulty, there is relief.

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zimba
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Re: Extension, part of funds transferred by my relatives

Post by zimba » Thu Apr 28, 2016 4:27 pm

You seem to be submitting almost the same question with different story (200k now 50K) in two different threads with two different user names :?

http://www.immigrationboards.com/uk-tie ... 08150.html
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Re: Extension, part of funds transferred by my relatives

Post by CR001 » Thu Apr 28, 2016 4:31 pm

zimba88 wrote:Why are you submitting almost the same question with different story (200k now 50K) in two different threads with two different user names ?????

http://www.immigrationboards.com/uk-tie ... 08150.html
Which user are you referring to? I cannot see the two usernames you mention.
Char (CR001 not Casa)
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Re: Extension, part of funds transferred by my relatives

Post by zimba » Thu Apr 28, 2016 4:37 pm

CR001 wrote:
zimba88 wrote:Why are you submitting almost the same question with different story (200k now 50K) in two different threads with two different user names ?????

http://www.immigrationboards.com/uk-tie ... 08150.html
Which user are you referring to? I cannot see the two usernames you mention.
Maybe I got confused given that the titles of this post and the one I linked are exactly the same :oops:
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Re: Extension, part of funds transferred by my relatives

Post by noajthan » Thu Apr 28, 2016 4:41 pm

@walkingintherain ,
To avoid confusion & jumbled responses - with someone else's topic - I have moved your question to its own thread (this one)
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