Directors Loan

Hi Everyone,

I have been a silent reader of this forum for past 2 years. My extension is due this month, so i have few questions. If all experts can kindly shed some light on them, i will be really grateful.

I got my visa post April 14, but it was successful applied in March 14 so i believe i fall under transitional agreement.

When i applied for my visa, i already had an employee who stayed with us for 11 months after i got the visa. Then, business started to go down and i could not afford to have an employee so i had to let that person go. In April 2016 after i injected my investment, i hired one more person, who has been on company payroll since April 2016, so this month her 12 months will be completed. Business created another job in Feb 2016 and i have another employee since Feb 2016.

So, I had one employee for 11 months since i got the visa, one employee for 12 months and one employee for 2 months. What i would like to confirm is that if this would be ok? Because i have been reading few different post's which suggest that under transitional rules, it should be a same job which should exist for 12 months?

Can someone please clarify this?

Thanks in advance.

robinhood92 wrote:Hi Everyone,

I have been a silent reader of this forum for past 2 years. My extension is due this month, so i have few questions. If all experts can kindly shed some light on them, i will be really grateful.

I got my visa post April 14, but it was successful applied in March 14 so i believe i fall under transitional agreement.

When i applied for my visa, i already had an employee who stayed with us for 11 months after i got the visa. Then, business started to go down and i could not afford to have an employee so i had to let that person go. In April 2016 after i injected my investment, i hired one more person, who has been on company payroll since April 2016, so this month her 12 months will be completed. Business created another job in Feb 2016 and i have another employee since Feb 2016.

So, I had one employee for 11 months since i got the visa, one employee for 12 months and one employee for 2 months. What i would like to confirm is that if this would be ok? Because i have been reading few different post's which suggest that under transitional rules, it should be a same job which should exist for 12 months?

Can someone please clarify this?

Thanks in advance.

you are OK as you are under transitional route having APPLIED before Apr 6th 2014. I suspect that a few HO CWs may not be aware of the 'applied' vs 'visa received', you will be one of the first to benefit from this. As such mention it in your covering letter

Under transitional status you can use combination of jobs as long as they are upto 24 months once combine.

Write a cover letter and highlight that the requirement is that you should have successfully applied to enter before 6th April.

If a Tier 1 (Entrepreneur) migrant successfully applied to enter the route before 6
April 2014, and they are making an extension application or a settlement application,
they may continue to employ (and still score points for job creation):

 one worker for 24 months
 one worker for 6 months and one for 18 months
 4 workers for 6 months each

If you applied before 6 April 2014 and successfully got your visa, you are covered by transitional arrangemnets

robinhood92 wrote:Hi Everyone,

I have been a silent reader of this forum for past 2 years. My extension is due this month, so i have few questions. If all experts can kindly shed some light on them, i will be really grateful.

I got my visa post April 14, but it was successful applied in March 14 so i believe i fall under transitional agreement.

When i applied for my visa, i already had an employee who stayed with us for 11 months after i got the visa. Then, business started to go down and i could not afford to have an employee so i had to let that person go. In April 2016 after i injected my investment, i hired one more person, who has been on company payroll since April 2016, so this month her 12 months will be completed. Business created another job in Feb 2016 and i have another employee since Feb 2016.

So, I had one employee for 11 months since i got the visa, one employee for 12 months and one employee for 2 months. What i would like to confirm is that if this would be ok? Because i have been reading few different post's which suggest that under transitional rules, it should be a same job which should exist for 12 months?

Can someone please clarify this?

Thanks in advance.

Hi Robinhood92,

While you'll be fine to combine Employee1's eleven months employment with Employee3's two months employment, you should be aware that the post has to be the same.

For instance, Emp1's post was Business Support and Emp3's is Admin Officer - This will NOT be accepted.

They BOTH have to be Business Support or BOTH Admin Officer.

This is the section of the rules that applies:

164. A single job need not consist of 12 consecutive months (for example it could exist for 6
months in one year and 6 months the following year) providing it is the same job
(different jobs that have existed for less than 12 months cannot be combined together
to make up a 12 month period), and the jobs need not exist at the date of application,
provided they have existed for 12 months.

I hope that helps

While you'll be fine to combine Employee1's eleven months employment with Employee3's two months employment, you should be aware that the post has to be the same.

Not under transitional arrangements Under transitional arrangements, it can be any combination of 24 months

Hi Guys,

My extension is due this week. So, i have been working on all the paper work required. I have few questions, if you guys can kindly answer them it would be great.

1st question: CT41G, this is the letter i received when i registered my company. I still have that letter from 2013, do i just send that as a proof that company is registered for corporation tax? or do i need to order a new letter?

2nd Question: Initial visa was approved based on third party funding, first year into my visa third party who was due to invest passed away. So, investment was made by family at the end? Would this make any difference? or this needs to be clarified in extension application that i did not get 50K from initial source?

3rd Question: I had one employee in my company before i applied for the visa, employee started in aug 2013 and my visa was approved in april 2014 (i fall under transitional agreement as i applied for my visa in march 2014). Employee left us in March 2015, so when send RTI's/FPS, do i need to send those from when she started working with us or from the time i got my visa?

Your answers will be much appreciated.

Many Thanks

1st question: CT41G, this is the letter i received when i registered my company. I still have that letter from 2013, do i just send that as a proof that company is registered for corporation tax? or do i need to order a new letter?

Send CT600 instead

2nd Question: Initial visa was approved based on third party funding, first year into my visa third party who was due to invest passed away. So, investment was made by family at the end? Would this make any difference? or this needs to be clarified in extension application that i did not get 50K from initial source?

As long as you invested money you should be fine

3rd Question: I had one employee in my company before i applied for the visa, employee started in aug 2013 and my visa was approved in april 2014 (i fall under transitional agreement as i applied for my visa in march 2014). Employee left us in March 2015, so when send RTI's/FPS, do i need to send those from when she started working with us or from the time i got my visa?

No, read the guide. You can send P46 instead if someone was hired before Oct 2013.

Thanks Zimba.

Hi Guys,

My visa is expiring on 30th april.

Would it be on if i post my application on 29th (sat)?
As ukbi wont get application by tuesday.

As application will be posted before 30th, will that mean i am on safe ground?

Thanks

Date of posting is considered the date of application. Get proof of postage.

Hi Guys,

I have got a very quick question about DL. First transaction was made in 2014 and rest transactions were made in 2016 and 2017.

Does DL need to be dated 2014 ? Or it can be of any date?

Thanks

anyone?

Any help on DL question will be much appreciated.

Does anyone have an idea about this director loan thing?